BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1074| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 1074 Author: Hueso (D), et al. Amended: 8/19/16 Vote: 21 SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16 AYES: Lara, Beall, Hill, McGuire, Mendoza NOES: Bates, Nielsen SENATE FLOOR: 29-9, 6/2/16 AYES: Allen, Beall, Block, Cannella, De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Nguyen, Pan, Pavley, Roth, Stone, Wieckowski, Wolk NOES: Anderson, Bates, Berryhill, Fuller, Gaines, Huff, Morrell, Nielsen, Vidak NO VOTE RECORDED: Moorlach, Runner ASSEMBLY FLOOR: 80-0, 8/29/16 - See last page for vote SUBJECT: Energy: Federal Trust Fund: geothermal projects SOURCE: Author DIGEST: This bill allocates, in Fiscal Year 2016-17, $2.5 million of the funds appropriated to the California Energy Commission (CEC) from the Federal Trust Fund (fund) to certain projects that recover beneficial minerals from highly mineralized geothermal brines. This bill also continuously appropriates $2.5 million from the fund, beginning in Fiscal Year 2017-18, until all funds are encumbered. SB 1074 Page 2 Assembly Amendments (1) remove the $13 million appropriation to the CEC from the fund; (2) add to the list of eligible expenditures, projects to recover lithium, metals, agricultural products, and other beneficial minerals from highly mineralized geothermal brines at a geothermal facility in existence on January 1, 2017, that is in a disadvantaged community, and provide local employment opportunities; (3) appropriate $2.5 million of the funds appropriated to the CEC to the abovementioned projects, and require the CEC to issue a competitive solicitation for projects by February 1, 2017; and (4) make technical, conforming changes. ANALYSIS: Existing law: 1)Authorizes specified federal funds available to the CEC to be used to augment funding for any specified programs or measures unless prohibited by the ARRA. (Public Resources Code Section 25463) 2)Establishes the Geothermal Resource Development Account to promote the development of new or existing geothermal resources and technologies. (Public Resources Code Section 3820 et seq.) 3)Requires revenues from the Geothermal Resource Development Account, disbursed to specified counties of origin and grants or specified loans made to local jurisdictions or private entities to be expended by recipients for the following purposes: a) Undertaking research and development projects relating to geothermal resource assessment and exploration, and direct-use and electric generation technology. b) Local and regional planning and policy development and SB 1074 Page 3 implementation necessary for compliance with programs required by local, state, or federal laws and regulations. c) Identification of feasible measures that will mitigate the adverse impacts of the development of geothermal resources and the adoption of ordinances, regulations, and guidelines to implement those measures. d) Collecting baseline data and conducting environmental monitoring. e) Preparation or revision of geothermal resource elements, or geothermal components of energy elements, for inclusion in the local general plan, zoning and other ordinances, and related planning and environmental documents. f) Administrative costs incurred by the local jurisdiction that are attributable to the development or production of geothermal resources. g) Monitoring and inspecting geothermal facilities and related activities to assure compliance with applicable laws, regulations, and ordinances. h) Identifying, researching, and implementing feasible measures that will mitigate the adverse impacts of that development or production. i) Planning, constructing, providing, operating, and maintaining those public services and facilities that are necessitated by and result from the development or production. j) Undertaking projects demonstrating the technical and SB 1074 Page 4 economic feasibility of geothermal direct heat and electrical generation applications. aa) Undertaking projects for the enhancement, restoration, or preservation of natural resources, including, but not limited to, water development, water quality improvement, fisheries enhancement, and park and recreation facilities and areas. (Public Resources Code Section 3823) This bill allocates $2.5 million, of the moneys appropriated to the CEC from the fund in Fiscal Year 2016-17, and annually thereafter, to be expended on specified projects, including geothermal brine treatment projects. Specifically, this bill: 1)Authorizes projects to recover lithium, metals, agricultural products, and other beneficial minerals from highly mineralized geothermal brines at geothermal facility in existence on January 1, 2017, that is in a disadvantaged community and provides local employment opportunities to receive specified funds. 2)Allocates $2.5 million of the moneys appropriated to the CEC in Fiscal Year 2016-17 from the fund to be expended on the above-mentioned projects. 3)Allocates $2.5 million annually to the CEC for specified purposes, beginning in Fiscal Year 2017-18 until all moneys in the fund have been encumbered or expended. 4)Requires the CEC to issue a competitive solicitation for specified projects no later than February 1, 2017. Background American Recovery and Reinvestment Act Investments. On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (ARRA), otherwise known as the Stimulus SB 1074 Page 5 Package, to restart the economy. The package contains extensive funding for science, engineering research and infrastructure, and more limited funding for education, social sciences, and the arts. States received discretionary funding through the ARRA for a variety of programs, and certain programs received funding through block grants. Through 2013, the CEC administered $314 million in energy efficiency and renewable energy pilot programs under ARRA. These pilot programs influenced the administration of current and ongoing programs, and budget proposals under other funding sources, such as the Greenhouse Gas Reduction Fund. When ARRA ended in 2013, more than $30 million of funds remained with sub-recipients who administer the programs, mainly in revolving loan funds. The CEC, as part of its evaluation of these programs, determined that certain programs were under-performing and is now proposing to use the funds for a different purpose. Governor's Proposal. The CEC is requesting $8 million in federal fund authority in the budget year, and $2.5 million through 2026-27, to implement both voluntary and mandatory programs to increase energy efficiency in existing buildings. The proposal also requests federal fund transfer authority to shift $5 million (ARRA funds) to the Department of General Services for the Energy Efficiency State Property Revolving Fund loan program. FISCAL EFFECT: Appropriation: Yes Fiscal Com.:YesLocal: No Appropriates $2.5 million annually (General Fund-fungible) from the fund to the CEC until all funds are encumbered. SUPPORT: (Verified 8/30/16) None received OPPOSITION: (Verified 8/30/16) SB 1074 Page 6 None received ASSEMBLY FLOOR: 80-0, 8/29/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon Prepared by:Narisha Bonakdar / APPR. / (916) 651-4101 8/30/16 20:22:29 **** END ****