BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1207| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 1207 Author: Hueso (D) Amended: 6/15/16 Vote: 27 SENATE ENERGY, U. & C. COMMITTEE: 9-0, 3/29/16 AYES: Hueso, Morrell, Cannella, Gaines, Hill, Lara, Leyva, McGuire, Wolk NO VOTE RECORDED: Hertzberg, Pavley SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen SENATE FLOOR: 38-0, 5/31/16 AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Mitchell, Runner ASSEMBLY FLOOR: 76-0, 8/18/16 - See last page for vote SUBJECT: Energy: conservation: financial assistance SOURCE: Author DIGEST: This bill (a) extends by ten years the sunset on Energy Conservation Assistance Account (ECAA) program and (b) authorizes the California Energy Commission (CEC) to pledge its loan portfolio to secure the bonds issued by the California Infrastructure and Economic Development Bank (IBank). SB 1207 Page 2 Assembly Amendments authorize the CEC to pledge ECAA loans to secure the bonds issued by the IBank. ANALYSIS: Existing law: 1)Establishes the ECAA loan program to fund energy efficiency improvements at facilities used by local governments. Sunsets the program as of January 1, 2018, and requires that unexpended funds in ECAA as of January 1, 2018, and thereafter revert to the General Fund. (Public Resources Code § 25410 et seq) 2)Establishes the IBank 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. This bill extends the sunset date on the ECAA program from January 1, 2018, to January 1, 2028. Background ECAA program loans to local governments for energy efficiency. The ECAA program, which sunsets in 2018, was established more than 30 years ago by the Energy Conservation Assistance Act of 1979. It is one of the oldest of California's many programs designed to reduce statewide energy consumption through energy efficiency measures. The program makes low-interest loans to cover up to 100 percent of a project with a maximum repayment term of 15 years. A loan repayment amount cannot exceed the estimated energy savings from a funded project. SB 1207 Page 3 A variety of sources have funded ECAA over the years, including the General Fund and tax-exempt revenue bonds. In 2009, the American Recovery and Reinvestment Act provided $25 million to California Energy Commission (CEC) for ECAA loans to supplement about $34 million in ARRA funds that the CEC awarded 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. The $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 within the State Treasurer's Office 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 program - has provided funding to the ECAA program for zero-percent-interest loans for public schools. According to the 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, as follows, based on total loan amounts: about 58 percent to local governments, 23 percent to K-12 public schools, 10 percent to public colleges, 7 percent to public care facilities and hospitals, and 2 percent to special districts. ECAA has received five legislative extensions since its enactment in 1979. The most recent sunset extension was SB 1268 (Pavley, Chapter 615, Statutes of 2012). The CEC reports that, despite this long record of lending, the ECAA program has never experienced a default on loan repayment. IBank Cleen Center to use CEC collateral to secure funding. 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 projects and private commercial and industrial building retrofits. According to GO-Biz, the CLEEN Center utilizes IBank's access to SB 1207 Page 4 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 clarifies CEC's authority to pledge collateral to secure the bonds issued to raise capital for the CLEEN Center. Related/Prior Legislation SB 1268 (Pavley, Chapter 615, Statutes of 2012) extended the ECAA program sunset from January 2013 to January 2018. FISCAL EFFECT: Appropriation: Yes Fiscal Com.:YesLocal: No According to the Assembly Committee on Appropriations: With the extension of the ECAA sunset, approximately $2.1 million will flow back to the ECAA rather than the GF. Extending the Sunset will continue the CEC's administrative costs which are about $2.5 million annually (ECAA). SUPPORT: (Verified8/19/16) East Bay Municipal Utility District School Energy Coalition OPPOSITION: (Verified8/19/16) None received SB 1207 Page 5 ARGUMENTS IN SUPPORT: According to the author SB 1207 ensures low cost financial assistance is available for clean energy and energy efficiency projects in the State of California. This bill accomplishes this by: 1) extending the existing ECAA program, which is an energy efficiency loan program administered by the CEC, and 2) authorizing the CEC to pledge its loans to secure the bonds issued by the IBank for its CLEEN Center, which finances energy efficiency and clean energy projects. ASSEMBLY FLOOR: 76-0, 8/18/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, 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 NO VOTE RECORDED: Dababneh, Gallagher, Roger Hernández, Kim Prepared by:Jay Dickenson / E., U., & C. / (916) 651-4107 8/19/16 19:21:41 **** END ****