BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          AB 234 -  Huffman                                 Hearing Date:   
          July 7, 2009               A
          As Amended:         June 9, 2009                  FISCAL/Urgency  
                B
                                                                        
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                                      DESCRIPTION
           
          H.R. 1, the American Recovery and Reinvestment Act of 2009  
          (ARRA), provides $3.1 billion for state energy efficiency  
          programs.  Of this the California Energy Commission (CEC)  
          expects to receive $226 million for State Energy Programs (SEP)  
          and $56 million for energy efficiency and conservation grants to  
          local governments.

           This bill  finds that one-fifth of the electricity consumed in  
          California is associated with water delivery, treatment and use.

           This bill  requires that the CEC consider water use efficiency  
          and water recycling projects and job training programs for water  
          and energy efficiency as eligible for ARRA energy funding.

          This bill  requires the CEC recognize the energy efficiency  
          savings for water use efficiency and recycling projects in  
          specified ways.

           This bill  requires the CEC to allocate at least half of the ARRA  
          energy funding as grants.

                                      BACKGROUND
           
          The federal ARRA funds will support the implementation of  
          longstanding California policies on energy efficiency.

          The CEC has filed its proposal to the U.S. Department of Energy  
          for spending the $226 million in SEP funds.  $20 million is  
          proposed for a green jobs training program with most of the  











          remainder targeted to energy efficiency retrofits and clean  
          energy systems in residential, non-residential and industrial  
          sectors.  The CEC has pledged to work with the Legislature in  
          further developing this program.

          On June 25 the DOE awarded California $90.4 million in SEP  
          funding, with $113 million in SEP funding still pending.

          In the 2005 Integrated Energy Policy Report the CEC studied the  
          link between water use and energy use, finding that 20% of the  
          electricity consumer in California is associated with water  
          delivery, treatment and use.  The report recommended that  
          California's water and energy agencies explore and pursue  
          cost-effective water efficiency opportunities.  Those  
          opportunities should include assessing energy efficiency  
          improvements in hot and cold water use in homes and businesses,  
          water saving appliances and fixtures, and devices that use and  
          move water.  

          In December 2005 the California Public Utilities Commission  
          (CPUC) published its Water Action Plan, which called for  
          strengthening water conservation programs to a level comparable  
          to that of the energy utilities.  In December 2007 the CPUC  
          established a program to use less water, make water use less  
          energy intensive, and make water treatment and delivery systems  
          more efficient.  Pilot programs costing $6.4 million were  
          authorized between two of the major energy utilities and their  
          local water providers.<1>

                                       COMMENTS
           
             1.   Initial Appropriation and Technical Fixes Covered in the  
               Budget  - The CEC has expressed concerns that certain  
               provisions of law must be revised if they are to  
               expeditiously expend the expected ARRA funds.  Those  
               changes are contained in a budget trailer bill.  That  
               language also provides for funding for energy retrofits in  
               state buildings.  In addition the proposed budget provides  
               the CEC with the authority to spend about half of the ARRA  
               funds.

              2.   What's the Policy?  - The ARRA energy goals are  
               longstanding goals of the state:

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          <1> D.07-12-050.










                           Increase energy efficiency to reduce energy  
                    costs and consumption for consumers, businesses and  
                    government;
                           Reduce reliance on imported energy;
                           Improve the reliability of electricity and  
                    fuel supply and the delivery of energy services; and
                           Reduce the impacts of energy production and  
                    use on the environment. 

               Within these goals there is substantial flexibility.  The  
               type of program (e.g. grants or loans) and the program  
               beneficiaries (e.g. renters, small-businesses, rural areas)  
               are left to the state, provided that savings can be  
               documented.  Some of the eligible activities that the CEC  
               will consider are:

                           Implementing building and industrial energy  
                    efficiency programs; 
                           Establishing and expanding financial  
                    incentives or loans for energy efficiency; 
                           Expanding renewable distributed generation  
                    programs; 
                           Expanding renewable energy programs; 
                           Promoting regional cooperation; 
                           Facilitating sharing of best energy practices;  
                    and 
                           Increasing coordination with utilities  
                    including promulgation of measurement and verification  
                    methodologies. 

               Since the mechanical problems with distributing the ARRA  
               energy funding will be dealt with in the budget process,  
               there is no need for further legislation unless members  
               choose to provide the CEC with policy guidance.  The  
               leadership in both houses and the CEC have only begun to  
               engage in policy discussions on the priorities for ARRA  
               funding.  Rather than prejudge the outcome of those  
               discussions,  the author and committee may wish to consider   
               stripping out the operative provisions of the bill, pending  
               the outcome of those discussions.
           
             3.   One Bill  - There is no reason to have multiple bills  
               dealing with the ARRA.  It would be simpler and more  










               efficient to incorporate the Legislature's ARRA policies  
               into a single bill, either this bill or AB 262 (Bass), also  
               being heard today.
           
             4.   Double Referral  - This bill has been double referred to  
               the Senate Committee on Environmental Quality. Due to time  
               constraints, if amendments are proposed in Committee these  
               amendments must be taken in the second Committee.

                                    ASSEMBLY VOTES
           
          Assembly Floor                     (77-0)
          Assembly Appropriations Committee  (16-0)
          Assembly Water, Parks and Wildlife Committee                    
          (13-0)
          Assembly Utilities and Commerce Committee                       
          (15-0)

                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          Association of California Water Agencies
          California Landscape Contractors Association
          Calleguas Municipal Water District
          East Bay Municipal Utility District
          Eastern Municipal Water District
          GreenPlumbers
          Jazz Semiconductor
          Metropolitan Water District of Southern California
          Natural Resources Defense Council
          San Diego County Water Authority
          Southern California Water Committee
          Water Replenishment District of Southern California
          WateReuse California

           Oppose:
           
          None on file











          Randy Chinn 
          AB 234 Analysis
          Hearing Date:  July 7, 2009