BILL ANALYSIS Ó SB 1207 Page 1 Date of Hearing: June 30, 2016 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Das Williams, Chair SB 1207 (Hueso) - As Amended June 15, 2016 SENATE VOTE: 38-0 SUBJECT: Energy: conservation: financial assistance SUMMARY: Extends the sunset on the Energy Conservation Assistance Account (ECAA), administered by the California Energy Commission (CEC), from January 1, 2018 to January 1, 2028. EXISTING LAW: 1)Establishes ECAA to provide grants and loans to local governments and public institutions to maximize energy use savings, including technical assistance, demonstrations, and identification and implementation of cost-effective energy efficiency measures and programs in existing or planned buildings or facilities. 2)Sunsets ECAA on January 1, 2018, and reverts unexpended funds to the General Fund after that date. SB 1207 Page 2 3)Authorizes CEC to borrow money for the purpose of obtaining funds to make specified loans from the proceeds of revenue bonds issued by the California Economic Development Financing Authority, California Infrastructure and Economic Development Bank (IBank), and the California Consumer Power and Conservation Financing Authority. 4)Authorizes CEC to pledge to provide collateral in connection with the borrowing of money, loans, or the principal and interest payments on loans, as specified. THIS BILL: 1)Extends the sunset on ECAA from 2018 to 2028. 2)Clarifies CEC's authority to pledge collateral to secure the repayment of bonds or other borrowings by the IBank. 3)Clarifies that CEC's authority to enter into pledge agreements setting forth the terms and conditions pursuant to which CEC is pledging loans or the principal and interest payment on loans includes the pledging of loans or the principal and interest payment on loans as collateral to secure the repayment of bonds or other borrowings by IBank. FISCAL EFFECT: According to the Senate Appropriations Committee, the extension of the sunset will result in the following fiscal impacts: SB 1207 Page 3 1)Up to $2.8 million will flow back to the ECAA rather than to the General Fund absent the extension. 2)The continuation of approximately $1.7 million annually (ECAA) for administration costs, plus bond administrative costs of approximately $75,000 annually. COMMENTS: 1)ECAA. The ECAA program was established by the Energy Conservation Assistance Act of 1979. The program awards low-interest loans to cities, counties, public school districts, special districts, public hospitals and care facilities, and public colleges and universities to cover up to 100% of energy efficiency project costs with a maximum repayment term of 15 years. A loan repayment amount cannot exceed the estimated energy savings from a funded project. Funding for ECAA loans has come from a variety of sources over the years, including the General Fund and tax-exempt revenue bonds. In 2009, American Recovery and Reinvestment Act (ARRA) provided $25 million to CEC for ECAA loans to supplement about $34 million in ARRA funds that the CEC used to award grants to 279 small cities and counties for energy efficiency projects. SB 679 (Pavley, Chapter 597, Statutes of 2011) appropriated an additional $25 million to CEC for ECAA loans that originated as ratepayer funds deposited into the Renewable Resource Trust Fund (RRTF). That $25 million was part of $50 million transferred by SB 77 (Pavley, Chapter 15, Statutes of 2010) from the RRTF to the California Alternative Energy and Advanced Transportation Financing Authority for a Property Assessed Clean Energy loan program that has since been put on hold for residential energy efficiency loans. More recently, Proposition 39, the Clean Energy Jobs Act, has provided SB 1207 Page 4 funding to the ECAA program for zero percent interest loans for public schools. According to CEC, since 1979 the CEC has lent more than $383 million to various local agencies throughout the state to fund energy efficiency improvements. Those loans have gone to more than 840 recipients: about 58% to local governments; 23% to K-12 public schools; 10% to public colleges; 7% to public care facilities and hospitals; and, 2% to special districts. From March 1, 2000 to March 31, 2016, the energy efficiency improvements have saved these entities more than an estimated $37 million per year in energy costs and have reduced greenhouse gas (GHG) emissions by approximately 122,000 tons per year. Despite of its long history, the ECAA program has never experienced a default on loan repayment. ECAA has received five legislative extensions since its enactment in 1979. SB 1268 (Pavley, Chapter 615, Statutes of 2012) enacted the most recent sunset extension from January 1, 2013 to January 1, 2018. 2)IBank. The IBank was established in 1994 to finance public infrastructure and economic development that promote "a healthy climate for jobs, contribute to a strong economy, and improve the quality of life in California communities." IBank is located within the Governor's Office of Business and Economic Development (GO-Biz) and is governed by a five-member Board of Directors. IBank has broad authority to issue tax-exempt and taxable revenue bonds, provide financing to public agencies, provide credit enhancements, acquire or lease facilities, and leverage state and federal funds. IBank established the California Lending for Energy and Environmental Needs Center (CLEEN Center) in August, 2015 to help the state meet GHG emissions reduction goals by offering "practical and sustainable solutions via leveraged, risk adjusted, financial assistance" for public clean energy SB 1207 Page 5 projects and private commercial and industrial building retrofits. According to GO-Biz, the CLEEN Center utilizes IBank's access to capital markets for clean energy and energy efficiency projects and will help drive energy related projects for state and local governments in California through the Statewide Energy Efficiency Program (SWEEP), established within the CLEEN Center, which provides financing to state and local governments for approved energy efficiency and clean energy projects, such as generation, distribution, transmission and storage of electrical energy, energy conservation measures, environmental mitigation measures, and water treatment and distribution. This bill would clarify CEC's authority to pledge collateral to secure the bonds issued to raise capital for the CLEEN Center. 3)Author's statement: For over three decades, ECAA has funded more than 840 loans and has not had a single default. This program has allowed local government, school districts, and hospitals to install new lighting systems, efficient pumps and motors, automated energy management systems; replace heating and air conditioning, and much more. This bill will extend ECAA until January 1, 2028, thereby ensuring that these beneficial programs can continue to help California meet its energy usage goals and save taxpayer funds. 4)Double Referral. This bill was heard by the Assembly Utilities and Commerce Committee on June 29th. SB 1207 Page 6 REGISTERED SUPPORT / OPPOSITION: Support East Bay Municipal Utility District School Energy Coalition Opposition None on file Analysis Prepared by:Elizabeth MacMillan / NAT. RES. / (916) 319-2092