BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Carol Liu, Chair 2013-2014 Regular Session BILL NO: SB 35 AUTHOR: Pavley AMENDED: April 23, 2013 FISCAL COMM: Yes HEARING DATE: May 1, 2013 URGENCY: No CONSULTANT:Kathleen Chavira SUBJECT : Higher education energy conservation. SUMMARY This bill requires the California State University Board of Trustees and the Board of Governors of the California Community Colleges, and requests the University of California Regents to each establish a special subcommittee to develop and administer a Systemwide Energy Solutions Action Plan to provide near and long term strategy concerning energy savings projects, as specified. BACKGROUND Current law establishes the Statewide Energy Plan for the Community Colleges which, among other things, requires the California Community Colleges (CCC) to encourage the construction of community college sustainable green buildings that implement energy efficiency, sustainable building concepts, and solar, electric, fuel cell, and other technologies. In addition, the Chancellor of the CCC is required to establish, and determine the membership of, an advisory committee for the Statewide Energy Plan. This committee, with assistance from the State Energy Resources and Conservation Commission, is charged with making recommendations to the Chancellor regarding overall program develoment, resource development and deployment, and strategies for implementation and coordination of the program. (Education Code § 81620-81624) ANALYSIS This bill : 1) Requires the California State University Board of SB 35 Page 2 trustees and the CCC Board of Governors to each establish a special subcommittee to develop and administer a Systemwide Energy Solutions Action Plan to provide near and long term strategy concerning energy savings projects, as defined. 2) Outlines the composition of the special subcommittee to include experts in specified areas and at least one student member. 3) Requires, in developing their plans, that the California State University (CSU) and the California Community Colleges (CCC) consider energy savings plans and projects, as described, consulting with electric and gas corporations, and publicly owned utilities, opportunities to further purposes of the California Global Warming Solutions Act, to establish public-private partnerships, and to promote student involvement, job training and workforce development related to energy savings projects. 4) Requests the University of California (UC) to comply with these provisions. 5) Establishes the Higher Education Energy Solutions Fund, and provides that moneys in the fund be used by the Regents and Trustees to implement the provisions of the bill. 6) Requires, if funding is received from the Higher Education Energy Solutions Fund, the UC, CSU and CCC to submit a report before January 1, 2014, and before January 1 each year thereafter describing the disposition of funds received in the prior year and planned expenditures in the upcoming year. 7) Defines "energy savings project" for the purposes of the bill. STAFF COMMENTS 1) Is this bill necessary ? Executive Order S-20-04, issued by the Governor in July 2004, directs state agencies to implement a variety of actions to reduce electricity usage in state buildings 20 percent by 2015 through cost-effective efficiency measures and SB 35 Page 3 distributed generation technologies. The Executive Order specifically requests entities of state government not under the Governor's direct executive authority, including the UC, CSU, CCC, constitutional officers, legislative and judicial branches, and the California Public Utilities Commission, to actively participate in this effort. The CSU capital outlay plan incorporates life safety, ADA, then energy efficiency priorities according to regulation and joint statewide energy action plan. UC has a Strategic Energy Plan and reports that the University followed a process very close to that outlined in the bill and considered most of the same elements in the bill in developing that plan. In addition, the UC, CSU and Investor-Owned Utility (IOU) Energy Efficiency Partnership, a statewide energy efficiency program, has existed since 2004. The CCC Board of Governors have adopted an Energy and Sustainability policy and has had a committee such as that suggested by this bill for 7 years through their CCC/IOU Energy Efficiency Partnership, and in addition, has developed a sustainability tool that includes energy efficiency for all districts. It appears that all three segments have already undertaken activities similar to those called for in the bill. It is unclear what new benefit is derived from requiring them to engage in these activities yet again. 2) Double referral. This bill was previously heard by the Senate Energy, Utilities and Communications Committee where it passed by a vote of 8-2. Among the other things the committee analysis noted that the subcommittee process required in this bill may be duplicative of existing processes, and it was unclear whether the segments energy planning would be improved by the bill. SUPPORT None received on this version. OPPOSITION SB 35 Page 4 None received.