BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING


          AB  
          678 (O'Donnell)


          As Amended  May 28, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                  |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Natural         |9-0   |Williams, Dahle,    |                      |
          |Resources       |      |Cristina Garcia,    |                      |
          |                |      |Hadley, Harper,     |                      |
          |                |      |McCarty, Rendon,    |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Mark Stone, Wood    |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Transportation  |16-0  |Frazier, Achadjian, |                      |
          |                |      |Baker, Bloom, Chu,  |                      |
          |                |      |Daly, Dodd, Eduardo |                      |
          |                |      |Garcia, Gomez, Kim, |                      |
          |                |      |Linder, Medina,     |                      |
          |                |      |Melendez, Nazarian, |                      |
          |                |      |O'Donnell, Santiago |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Appropriations  |17-0  |Gomez, Bigelow,     |                      |
          |                |      |Bonta, Calderon,    |                      |
          |                |      |Chang, Daly,        |                      |








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          |                |      |Eggman, Gallagher,  |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Eduardo Garcia,     |                      |
          |                |      |Gordon, Holden,     |                      |
          |                |      |Jones, Quirk,       |                      |
          |                |      |Rendon, Wagner,     |                      |
          |                |      |Weber, Wood         |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
           ------------------------------------------------------------------- 


          SUMMARY:  Requires the Air Resources Board (ARB), in conjunction  
          with the California Energy Commission (CEC), to develop the Energy  
          Efficient Ports Program (EEPP), as specified, and requires ARB to  
          develop guidelines for implementation.


          EXISTING LAW:  


          1)Requires ARB, pursuant to California Global Warming Solutions  
            Act of 2006 [AB 32 (Nunez), Chapter 488, Statutes of 2006], to  
            adopt a statewide greenhouse gas (GHG) emissions limit  
            equivalent to 1990 levels by 2020 and adopt regulations to  
            achieve maximum technologically feasible and cost-effective GHG  
            emission reductions.  AB 32 authorizes ARB to permit the use of  
            market-based compliance mechanisms to comply with GHG reduction  
            regulations, once specified conditions are met.
          2)Establishes the Greenhouse Gas Reduction Fund (GGRF) and  
            requires all moneys, except for fines and penalties, collected  
            by ARB from the auction or sale of allowances pursuant to a  
            market-based compliance mechanism (i.e., the cap-and-trade  
            program adopted by ARB under AB 32 to be deposited in the GGRF  
            and available for appropriation by the Legislature.


          3)Establishes the GGRF Investment Plan and Communities  








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            Revitalization Act [AB 1532 (John A. Pérez), Chapter 807,  
            Statutes of 2012] to set procedures for the investment of GHG  
            allowance auction revenues.  AB 1532 authorizes a range of GHG  
            reduction investments and establishes several additional policy  
            objectives.


          4)Requires the investment plan to allocate a) a minimum of 25% of  
            the available moneys in the GGRF to projects that provide  
            benefits to identified disadvantaged communities and b) a  
            minimum of 10% of the available moneys in the GHGRF to projects  
            located within identified disadvantaged communities [SB 535 (De  
            León), Chapter 830, Statutes of 2012].  


          This Bill:


          1)Requires ARB and CEC to develop the EEPP to fund energy  
            efficiency projects that help reduce emissions of GHG and air  
            pollutants at public ports.


          2)Specifies eligible port projects include, but are not limited  
            to:


             a)   Installation of renewable technologies at marine  
               terminals, warehouses and other freight facilities.


             b)   Replacement of conventional lighting with LED lighting.


             c)   Installation of cold ironing or shorepower equipment to  
               reduce diesel auxiliary engine emissions from ships at port,  
               beyond actions required by regulations.










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             d)   Deployment of zero and near-zero emission vehicles and  
               infrastructure technologies.


             e)   Other projects that reduce grid-based energy demand from  
               cargo handling operations at public seaports.


          3)Requires ARB to develop guidelines for EEPP implementation that  
            are consistent with AB 32, AB 1532 and SB 535.


          4)Authorizes EEPP to use GGRF funds appropriated to ARB for  
            purposes of reducing GHG emissions through energy efficiency,  
            clean and renewable energy generation, distributed renewable  
            energy generation, transmission and storage, and other related  
            actions.


          FISCAL EFFECT: According to the Assembly Appropriations Committee:


          1)Unknown cost pressures, likely in the tens of millions of  
            dollars, on the GGRF to fund the EEPP.


          2)Increased costs to ARB of approximately $1.5 million (GGRF) to  
            develop and implement the program and calculate GHG benefits.


          3)Increased costs, likely in the $150,000 range (GGRF) for CEC to  
            provide consultation.


          COMMENTS:  The 2014-15 Budget Act allocates cap-and-trade revenues  
          for the 2014-15 Fiscal Year and establishes a long-term plan for  
          the allocation of cap-and-trade revenues beginning in Fiscal Year  
          2015-16.  The Budget continuously appropriates 35% of  
          cap-and-trade funds for investments in transit, affordable  








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          housing, and sustainable communities.  Twenty-five percent of the  
          revenues are continuously appropriated to continue the  
          construction of high-speed rail.  The remaining 40% will be  
          appropriated annually by the Legislature for investments in  
          programs that include low-carbon transportation, energy efficiency  
          and renewable energy, and natural resources and waste diversion.  


          In December of 2007, ARB approved an early action item aimed  
          towards reducing the maritime industry's carbon footprint.  The  
          "Airborne Toxic Control Measure for Auxiliary Diesel Engines  
          Operated on Ocean-Going Vessels At-Berth in a California Port"  
          Regulation, commonly referred to as the At-Berth Regulation,  
          directs vessels docked at-berth in California ports to use shore  
          power instead of running their onboard diesel engines. The ship's  
          power load is seamlessly transferred to a shore side power supply  
          without disruption to onboard services, eliminating the negative  
          side-effects of auxiliary engine combustion. The regulation  
          specifically requires at least 50% of the vessels docked at-berth  
          to utilize shore power in 2014, eventually reaching 70% in 2017,  
          and 80% by 2020. As a result, more and more vessels are demanding  
          larger quantities of electrical power.




          Analysis Prepared by:                                               
                          Lawrence Lingbloom / NAT. RES. / (916) 319-2092     
                                                                    FN:  
          0000847

















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