BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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. 










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          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: 









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          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  








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            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  








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            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.  








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          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