BILL NUMBER: AB 628 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2013
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN SENATE JULY 10, 2013
AMENDED IN ASSEMBLY MAY 8, 2013
AMENDED IN ASSEMBLY APRIL 24, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Members Gorell and Hall
(Coauthor: Assembly Member Brown and V. Manuel Pérez)
FEBRUARY 20, 2013
An act to add Section 63045.2 to the Government Code, and
to add Chapter 13 (commencing with Section 25990) to
Division 15 of the Public Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 628, as amended, Gorell. Energy management plans for harbor and
port districts.
(1) Existing law requires the California Infrastructure
Development Bank, following consultation with appropriate state and
local agencies, to establish criteria, priorities, and guidelines for
the selection of projects to receive assistance from the bank,
including those based on, among other things, the State Environmental
Goals and Policy Report, or its successor, relating to
implementation of state environmental goals and policies. Existing
law further requires that projects that receive assistance from the
bank, among other things, facilitate effective and efficient use of
existing and future public resources so as to promote both economic
development and conservation of natural resources.
This bill would authorize the bank to fund projects to promote
economic development in harbor and port districts that are
implemented pursuant to an energy management plan, and would require
the bank to consider appropriate actions that it may take to
facilitate the financing of those projects.
(2) Existing
Existing law requires the State Energy Resources
Conservation and Development Commission to adopt energy conservation
standards to reduce the wasteful, uneconomic, inefficient, or
unnecessary consumption of energy, and to implement various programs
to provide financial assistance to specified entities for energy
efficient improvements.
This bill would authorize the Humboldt Bay Harbor, Recreation
ports , and Conservation District and
specified harbor and port districts, as defined, in
collaboration jointly with an electrical
corporation, gas corporation, community choice aggregator,
or publicly owned electric or gas utility serving the district
, or an independent energy provider, as defined,
to prepare one or more energy management plans to reduce air
emissions and promote economic development through the addition of
new businesses and the retention of existing businesses in the
district. The bill would require, if a district prepares an energy
management plan pursuant to these provisions, that the plan include
specified provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The state promotes the efficient use of low-cost,
low-emissions energy sources in the operations of its ports and
harbors.
(b) There is an opportunity in port and harbor district
operations, including the movement of commercial goods, to reduce
vehicular emissions of greenhouse gases and criteria pollutants.
(c) The state encourages the development of new businesses and the
retention of existing businesses within port and harbor district
boundaries.
(d) Energy utility customers located within the state's port and
harbor districts may benefit from the addition of new businesses and
the retention of existing businesses through increased energy cost
certainty.
(e) Businesses located within the state's port and harbor
districts may benefit through greater stability and certainty in the
cost of energy services.
(f) Investor-owned utilities, community choice aggregators,
and publicly owned utilities are in an optimal position, and
are encouraged to engage in joint projects with port and harbor
districts to provide and administer energy-related service
alternatives and programs that may promote economic development and
retention in those districts.
SEC. 2. Section 63045.2 is added to the
Government Code, to read:
63045.2. Projects to promote economic development in harbor and
port districts implemented pursuant to an energy management plan
developed in accordance with Chapter 13 (commencing with Section
25990) of Division 15 of the Public Resources Code shall be eligible
for funding under this division. The bank shall consider appropriate
actions that it may take to facilitate the financing of those
projects.
SEC. 3. SEC. 2. Chapter 13
(commencing with Section 25990) is added to Division 15 of the Public
Resources Code, to read:
CHAPTER 13. ENERGY MANAGEMENT PLANS FOR HARBOR AND PORT
DISTRICTS
25990. (a) For purposes of this chapter, the term "district"
shall mean the Humboldt Bay Harbor, Recreation, and Conservation
District, the Ports of Hueneme, Oakland, Long Beach, Los Angeles,
Redwood City, Richmond, San Diego, San Francisco, Stockton, and West
Sacramento, and any other harbor, recreation, and conservation
district that operates a harbor or port in the state. A district may
prepare one or more energy management plans, developed jointly with
an electric electrical corporation, as
defined in subdivision (a) of Section 218 of the Public Utilities
Code, a gas corporation, as defined in Section 222 of the Public
Utilities Code, a community choice aggregator, or a public
utility, as defined in subdivision (a) of Section 216 of the Public
Utilities Code, that produces, generates, or supplies electricity to
the public and that serves the district in order to reduce air
emissions, promote economic development, and encourage the
development of new businesses and retain existing businesses in that
district.
(b) For purposes of this chapter, the term "independent energy
provider" means a third party, individual, or business that provides
electricity and that is not an investor-owned utility or publicly
owned utility. "Independent energy provider" includes, but is not
limited to, an onsite generator or energy service provider.
(c)
(b) If a district prepares an energy management plan
pursuant to this chapter, it shall include, at a minimum, all of the
following:
(1) An assessment of current energy consumption within the
district by energy source and type of users. Examples of users may
include commercial, industrial, governmental, ships, individual
transport, and product transport.
(2) An assessment of other energy efficiency and management issues
the district determines to evaluate in order to inform the
development of specific goals and actions that reduce air emissions
and promote economic development, including all of the following:
(A) An electric or natural gas load forecast, developed in
coordination with the serving electrical corporation, gas
corporation, community choice aggregator, or local
publicly owned electric or gas utility, or an independent
energy provider utility that reflects
anticipated load growth within the district.
(B) An assessment of the role that distributed generation,
combined with accurately priced utility services, could play in
providing greater rate stability and energy cost certainty to aid in
economic development, and proposed actions with respect to that role.
This assessment shall be developed jointly with the serving
electrical corporation, gas corporation, community choice
aggregator, or local publicly owned electric or gas
utility or an independent energy provider. utility.
(C) An assessment, in consultation with business and industry,
that identifies current and emerging processes and technologies to
reduce energy consumption and improve energy efficiency.
(D) An assessment, in consultation with business and industry,
that identifies domestic and international shipping requirements and
operations related to energy use and consumption.
(3) A set of measurable energy performance and management goals
that reduce air emissions and promote economic development, and a
prioritized list of infrastructure projects, public education
initiatives, and other actions that the district will undertake to
achieve those goals.
(4) A list of recommendations, developed jointly with the serving
electrical corporation, gas corporation, community choice
aggregator, or local publicly owned electric or gas
utility, or an independent energy provider utility
for the enhanced use of cost-effective energy efficiency and
demand-side management in existing buildings and the inclusion of
energy efficiency measures as part of the development of new
buildings.
(5) A description of measures to be taken to reduce air emissions
for vehicle use within district boundaries, including vehicles used
for movement of commercial products. Proposed actions, developed
jointly with the serving electrical corporation, gas corporation,
community choice aggregator, or local publicly owned
electric utility, may include replacement of vehicles with lower
emitting alternatives and development of infrastructure, in
appropriate areas, to aid in the refueling of alternative fuel
vehicles.
(6) A summary identifying governmental and nongovernmental
impediments to implementation of the plan that includes
recommendations on how these impediments may be overcome.
(7) A description of one-year, 3-year, 5-year, 10-year, and
15-year objectives for implementation of the plan. These objectives
shall be in sufficient detail to allow the district to undertake a
meaningful annual review of the plan's progress.
(8) Proposed methods to fund the activities included in the plan,
including funding through utility ratepayer-funded programs
and financing through the California Infrastructure and Economic
Developmental Bank established pursuant to Division 1 (commencing
with Section 63000) of Title 6.7 of the Government Code, the
California Alternative Energy and Advanced Transportation Financing
Authority Act (Division 16 (commencing with Section 26000)), or the
California Maritime Infrastructure Bank and Authority funded pursuant
to Part 1 (commencing with Section 1690) of Division 6 of the
Harbors and Navigation Code, bond measures offered by a port, or
other appropriate sources. programs.
(9) Other related energy plans, mandates, and requirements, and,
to the extent possible, leverage opportunities for achieving energy
efficiency and sustainable energy production, while not overburdening
impacted businesses.
(d)
(c) A district that prepares a plan shall engage with
small business technical assistance providers to assist in the
identification of joint or collaborative energy efficiency project
opportunities, public education activities, and financing
opportunities that implement the actions and projects in the plan.
(e)
(d) The Public Utilities Commission shall encourage
electric or gas corporations to participate jointly with local
agencies in developing, implementing, and administering viable energy
management plans for districts. The governing boards of local
publicly owned utilities , community choice aggregators,
and rural electric cooperatives shall encourage joint participation
with local agencies and gas corporations in developing, implementing,
and administering viable energy management plans for districts.
(f)
(e) If an energy management plan is prepared pursuant
to this chapter, it shall also address the development of projects
that provide greater certainty of energy costs over a period of up to
15 years for businesses developing in the district and
shall consider applying to the California Infrastructure and Economic
Development Bank for financial support of these projects.
district.
(g)
(f) The Public Utilities Commission may offer technical
assistance in the preparation of the energy management plans
developed and implemented pursuant to this chapter, including, but
not limited to, identifying best practices, innovations in
technology, and potential funding sources.