California Legislature—2013–14 Regular Session

Assembly BillNo. 1021


Introduced by Assembly Member Eggman

February 22, 2013


An act to amend Section 26003 of the Public Resources Code, relating to alternative energy.

LEGISLATIVE COUNSEL’S DIGEST

AB 1021, as introduced, Eggman. Alternative energy: recycled feedstock.

Existing law establishes the California Alternative Energy and Advanced Transportation Financing Authority to provide financial assistance for projects that promote the use of alternative energies.

This bill would authorize the authority to provide financial assistance to projects that process or utilize recycled feedstock.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 26003 of the Public Resources Code, as
2amended by Section 5 of Chapter 677 of the Statutes of 2012, is
3amended to read:

4

26003.  

(a) As used in this division, unless the context
5otherwise requires:

6(1) (A) “Advanced manufacturing” means manufacturing
7processes that improve existing, or create entirely new materials,
8products, and processes through the use of science, engineering,
9or information technologies, high-precision tools and methods, a
P2    1high-performance workforce, and innovative business or
2organizational models utilizing any of the following technology
3areas:

4(i) Micro- and nanoelectronics, including semiconductors.

5(ii) Advanced materials.

6(iii) Integrated computational materials engineering.

7(iv) Nanotechnology.

8(v) Additive manufacturing.

9(vi) Industrial biotechnology.

10(B) “Advanced manufacturing” includes all of the following:

11(i) Systems that result from substantive advancement, whether
12incremental or breakthrough, beyond the current industry standard,
13in the production of materials and products. These advancements
14include improvements in manufacturing processes and systems
15that are often referred to as “smart” or “intelligent” manufacturing
16systems, which integrate computational predictability and
17operational efficiency.

18(ii) (I) Sustainable manufacturing systems and manufacturing
19technologies that minimize the use of resources while maintaining
20or improving cost and performance.

21(II) Sustainable manufacturing systems and manufacturing
22technologies do not include those required to be undertaken
23pursuant to state or federal law or regulations, air district rules or
24regulations, memoranda of understanding with a governmental
25entity, or legally binding agreements or documents. The State Air
26Resources Board shall advise the authority to ensure that the
27requirements of this clause are met.

28(2) (A) “Advanced transportation technologies” means
29emerging commercially competitive transportation-related
30technologies identified by the authority as capable of creating
31long-term, high value-added jobs for Californians while enhancing
32the state’s commitment to energy conservation, pollution and
33greenhouse gas emissions reduction, and transportation efficiency.

34(B) “Advanced transportation technologies” does not include
35those projects required to be undertaken pursuant to state or federal
36law or regulations, air district rules or regulations, memoranda of
37understanding with a governmental entity, or legally binding
38agreements or documents. The State Air Resources Board shall
39advise the authority regarding projects that are excluded pursuant
40to this subparagraph.

P3    1(3) (A) “Alternative sources” means devices or technologies
2used for a renewable electrical generation facility, as defined in
3paragraph (1) of subdivision (a) of Section 25741, a combined
4heat and power system, as defined in Section 2840.2 of the Public
5Utilities Code, distributed generation and energy storage
6technologies eligible under the self-generation incentive program
7pursuant to Section 379.6 of the Public Utilities Code, as
8determined by the Public Utilities Commission, or a facility
9designed for the production of renewable fuels, the efficient use
10of which reduce the use of fossil or nuclear fuels, and energy
11efficiency devices or technologies that reduce the need for new
12electric generation and reduce emissions of toxic and criteria
13pollutants and greenhouse gases.

14(B) “Alternative sources” does not include a hydroelectric
15facility that does not meet state laws pertaining to the control,
16appropriation, use, and distribution of water, including, but not
17limited to, the obtaining of applicable licenses and permits.

18(4) “Authority” means the California Alternative Energy and
19Advanced Transportation Financing Authority established pursuant
20to Section 26004, and any board, commission, department, or
21officer succeeding to the functions of the authority, or to which
22the powers conferred upon the authority by this division shall be
23given.

24(5) “Cost” as applied to a project or portion of the project
25financed under this division means all or part of the cost of
26construction and acquisition of all lands, structures, real or personal
27property or an interest in the real or personal property, rights,
28rights-of-way, franchises, easements, and interests acquired or
29used for a project; the cost of demolishing or removing any
30buildings or structures on land so acquired, including the cost of
31acquiring any lands to which those buildings or structures may be
32moved; the cost of all machinery, equipment, and furnishings,
33financing charges, interest prior to, during, and for a period after,
34completion of construction as determined by the authority;
35provisions for working capital; reserves for principal and interest
36and for extensions, enlargements, additions, replacements,
37renovations, and improvements; the cost of architectural,
38engineering, financial, accounting, auditing and legal services,
39plans, specifications, estimates, administrative expenses, and other
40expenses necessary or incident to determining the feasibility of
P4    1constructing any project or incident to the construction, acquisition,
2or financing of a project.

3(6) “Financial assistance” includes, but is not limited to, loans,
4loan loss reserves, interest rate reductions, proceeds of bonds issued
5by the authority, bond insurance, loan guarantees or other credit
6enhancements or liquidity facilities, contributions of money, or a
7combination thereof, as determined by, and approved by the
8resolution of, the board.

9(7) (A) “Participating party” means a person, federal or state
10agency, department, board, authority, or commission, state or
11community college, or university, or a city or county, regional
12agency, public district, school district, or other political entity
13engaged in the business or operations in the state, whether
14organized for profit or not for profit, that applies for financial
15assistance from the authority for the purpose of implementing a
16project.

17(B) For the purposes of Section 6010.8 of the Revenue and
18Taxation Code, “participating party” means an entity specified in
19subparagraph (A) that seeks financial assistance pursuant to Section
2026011.8.

21(8) (A) “Project” means a land, building, improvement to the
22land or building, rehabilitation, work, property, or structure, real
23or personal, stationary or mobile, including, but not limited to,
24machinery and equipment, whether or not in existence or under
25construction, that utilizes, or is designed to utilize, an alternative
26source, or that is utilized for the design, technology transfer,
27manufacture, production, assembly, distribution, or service of
28advanced transportation technologies or alternative source
29componentsbegin insert, or that processes or utilizes recycled feedstockend insert.

30(B) “Project,” for the purposes of Section 26011.8 and Section
316010.8 of the Revenue and Taxation Code, means any tangible
32personal property that is utilized for the design, manufacture,
33production, or assembly of advanced manufacturing, advanced
34transportation technologies, or alternative source products,
35components, or systemsbegin insert, or that processes or utilizes recycled
36feedstockend insert
.

37(9) “Revenue” means all rents, receipts, purchase payments,
38loan repayments, and all other income or receipts derived by the
39authority from a project, or the sale, lease, or other disposition of
40alternative source or advanced transportation technology facilities,
P5    1or the making of loans to finance alternative source or advanced
2transportation technology facilities, and any income or revenue
3derived from the investment of money in any fund or account of
4the authority.

5(b) This section shall become inoperative on July 1, 2016, and,
6as of January 1, 2017, is repealed, unless a later enacted statute,
7that becomes operative on or before January 1, 2017, deletes or
8extends the dates on which it becomes inoperative and is repealed.

9

SEC. 2.  

Section 26003 of the Public Resources Code, as added
10by Section 6 of Chapter 677 of the Statutes of 2012, is amended
11to read:

12

26003.  

(a) As used in this division, unless the context
13otherwise requires:

14(1) (A) “Advanced transportation technologies” means
15emerging commercially competitive transportation-related
16technologies identified by the authority as capable of creating
17long-term, high value-added jobs for Californians while enhancing
18the state’s commitment to energy conservation, pollution and
19greenhouse gas emissions reduction, and transportation efficiency.

20(B) “Advanced transportation technologies” does not include
21those projects required to be undertaken pursuant to state or federal
22law or regulations, air district rules or regulations, memoranda of
23understanding with a governmental entity, or legally binding
24agreements or documents. The State Air Resources Board shall
25advise the authority regarding projects that are excluded pursuant
26to this subparagraph.

27(2) (A) “Alternative sources” means devices or technologies
28used for a renewable electrical generation facility, as defined in
29paragraph (1) of subdivision (a) of Section 25741, a combined
30heat and power system, as defined in Section 2840.2 of the Public
31Utilities Code, distributed generation and energy storage
32technologies eligible under the self-generation incentive program
33pursuant to Section 379.6 of the Public Utilities Code, as
34determined by the Public Utilities Commission, or a facility
35designed for the production of renewable fuels, the efficient use
36of which reduce the use of fossil or nuclear fuels, and energy
37efficiency devices or technologies that reduce the need for new
38electric generation and reduce emissions of toxic and criteria
39pollutants and greenhouse gases.

P6    1(B) “Alternative sources” does not include a hydroelectric
2facility that does not meet state laws pertaining to the control,
3appropriation, use, and distribution of water, including, but not
4limited to, the obtaining of applicable licenses and permits.

5(3) “Authority” means the California Alternative Energy and
6Advanced Transportation Financing Authority established pursuant
7to Section 26004, and any board, commission, department, or
8officer succeeding to the functions of the authority, or to which
9the powers conferred upon the authority by this division shall be
10given.

11(4) “Cost” as applied to a project or portion of the project
12financed under this division means all or part of the cost of
13construction and acquisition of all lands, structures, real or personal
14property or an interest in the real or personal property, rights,
15rights-of-way, franchises, easements, and interests acquired or
16used for a project; the cost of demolishing or removing any
17buildings or structures on land so acquired, including the cost of
18acquiring any lands to which those buildings or structures may be
19moved; the cost of all machinery, equipment, and furnishings,
20financing charges, interest prior to, during, and for a period after,
21completion of construction as determined by the authority;
22provisions for working capital; reserves for principal and interest
23and for extensions, enlargements, additions, replacements,
24renovations, and improvements; the cost of architectural,
25engineering, financial, accounting, auditing and legal services,
26plans, specifications, estimates, administrative expenses, and other
27expenses necessary or incident to determining the feasibility of
28constructing any project or incident to the construction, acquisition,
29or financing of a project.

30(5) “Financial assistance” includes, but is not limited to, loans,
31loan loss reserves, interest rate reductions, proceeds of bonds issued
32by the authority, bond insurance, loan guarantees or other credit
33enhancements or liquidity facilities, contributions of money, or a
34combination thereof, as determined by, and approved by the
35resolution of, the board.

36(6) (A) “Participating party” means a person, federal or state
37agency, department, board, authority, or commission, state or
38community college, or university, or a city or county, regional
39agency, public district, school district, or other political entity
40engaged in the business or operations in the state, whether
P7    1organized for profit or not for profit, that applies for financial
2assistance from the authority for the purpose of implementing a
3project.

4(B) For the purposes of Section 6010.8 of the Revenue and
5Taxation Code, “participating party” means an entity specified in
6subparagraph (A) that seeks financial assistance pursuant to Section
726011.8.

8(7) (A) “Project” means a land, building, improvement to the
9land or building, rehabilitation, work, property, or structure, real
10or personal, stationary or mobile, including, but not limited to,
11machinery and equipment, whether or not in existence or under
12construction, that utilizes, or is designed to utilize, an alternative
13source, or that is utilized for the design, technology transfer,
14manufacture, production, assembly, distribution, or service of
15advanced transportation technologies or alternative source
16componentsbegin insert, or that processes or utilizes recycled feedstockend insert.

17(B) “Project,” for the purposes of Section 26011.8 and Section
186010.8 of the Revenue and Taxation Code, means any tangible
19personal property that is utilized for the design, manufacture,
20production, or assembly of advanced transportation technologies
21or alternative source products, components, or systemsbegin insert,end insertbegin insert or that
22processes or utilizes recycled feedstockend insert
.

23(8) “Revenue” means all rents, receipts, purchase payments,
24loan repayments, and all other income or receipts derived by the
25authority from a project, or the sale, lease, or other disposition of
26alternative source or advanced transportation technology facilities,
27or the making of loans to finance alternative source or advanced
28transportation technology facilities, and any income or revenue
29derived from the investment of money in any fund or account of
30the authority.

31(b) This section shall become operative on July 1, 2016.



O

    99