BILL ANALYSIS Ó SB 39 Page 1 SENATE THIRD READING SB 39 (De León) As Amended August 5, 2013 2/3 vote. SENATE VOTE :Vote not relevant NATURAL RESOURCES 8-0 APPROPRIATIONS 16-0 ----------------------------------------------------------------- |Ayes:|Chesbro, Bigelow, Garcia, |Ayes:|Gatto, Harkey, Bigelow, | | |Muratsuchi, Patterson, | |Bocanegra, Bradford, Ian | | |Skinner, Stone, Williams | |Calderon, Campos, Eggman, | | | | |Gomez, Hall, Holden, | | | | |Linder, Pan, Quirk, | | | | |Wagner, Weber | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Extends the sunset for the Energy Conservation Assistance Act (ECAA) from 2018 to 2022. EXISTING LAW establishes ECAA, which is administered by the California Energy Commission (CEC), to provide energy efficiency loans to schools, hospitals, public care institutions, and local governments. FISCAL EFFECT : According to the Assembly Appropriations Committee, this bill has a General Fund impact of $44.4 million (in outstanding unrestricted loans) over 17 years, or an annual average of about $2.6 million, as a result of delayed reversion of funds remaining in the Energy Conservation Assistance Account. Additionally, the 2013-14 Budget Act appropriated $28 million to a new Education Subaccount within the Energy Conservation Assistance Account. The Energy Commission will make Proposition 39-related low- and zero-interest loans to schools and colleges from this Education Subaccount. It is not clear whether any funds remaining within the Education Subaccount on the sunset date would revert to the Job Creation Fund or to the General Fund. COMMENTS : According to the CEC, the ECAA program (established SB 39 Page 2 in1979) has made loans to more than 790 entities totaling more than $306 million, with about 63% of the total loan amount going to local governments, 17% to K-12 public schools, 10% to public colleges, 8% to hospitals and public care facilities, and 2% to special districts. Since 2000, the program has provided $130 million in loan funds for lighting, LED traffic signals, HVAC systems, renewables, self-generation, and other miscellaneous improvements. Between March 1, 2000, and June 30, 2013, CEC estimates that the loans resulted in over $29 million in annual energy cost savings; nearly 300,000 kilowatt hours (kWh) in annual electric savings; and over 100,000 tons in annual CO2 reductions. Funding for ECAA loans has been from a variety of sources over the years, including the General Fund, the federal Petroleum Violation Escrow Account, and tax-exempt revenue bonds. Funding levels have generally been adequate to meet demand for loans. More recently, the American Recovery and Reinvestment Act of 2009 (ARRA) provided $25 million for ECAA loans and about $34 million for CEC to award as grants to 279 small cities and counties for energy efficiency projects. Earlier this year, a budget trailer bill, SB 73 (Budget and Fiscal Review Committee), Chapter 29, appropriated $28 million in Proposition 39 (The Clean Energy and Energy Efficiency Funding Initiative) revenues to the ECAA program. In 2013-14, the funds are available to fund eligible projects for K-12 local educational agencies (LEAs) and California community college districts (CCCs). Of the $28 million appropriated in this measure, the 2013-14 Budget identifies $25 million (89%) for K-12 LEAs and $3 million (11%) for CCCs. In 2014-15 through 2017-18, the amount available shall be determined through the annual budget process. Pursuant to SB 1268 (Pavley), Chapter 615, Statutes of 2012, the ECAA program is currently scheduled to sunset in 2018. According to the author, SB 73 "[extended] the terms for loans from 15 years to 20 years. As such, it [is] important to extend the sunset on the program to ensure these funds continue to be available for future ECAA eligible projects." Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916) 319-2092 SB 39 Page 3 FN: 0002202