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  




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               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  




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               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




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           None received.