BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 758|
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                                 THIRD READING


          Bill No:  AB 758
          Author:   Skinner (D) and Bass (D), et al
          Amended:  9/4/09 in Senate
          Vote:     21

           
           SENATE ENERGY, U.&C. COMMITTEE  :  11-0, 7/7/09
          AYES: Padilla, Benoit, Calderon, Corbett, Cox, Kehoe,  
            Lowenthal, Simitian, Strickland, Wiggins, Wright

           SENATE APPROPRIATIONS COMMITTEE  :  11-2, 8/27/09
          AYES: Kehoe, Cox, Corbett, Hancock, Leno, Oropeza, Price,  
            Runner, Wolk, Wyland, Yee
          NOES: Denham, Walters

           ASSEMBLY FLOOR  :  50-29, 6/2/09 - See last page for vote


           SUBJECT  :    Energy:  energy audit

           SOURCE  :     Global Green USA


           DIGEST  :    This bill requires the California Energy  
          Commission (CEC), by March 1, 2010, to develop and  
          implement a comprehensive program to achieve greater energy  
          savings in existing residential and nonresidential  
          buildings that fall below the current Title 24 building  
          standards.  This bill also requires the California Public  
          Utilities Commission (PUC) and publicly-owned utilities to  
          investigate and implement energy efficiency programs.  The  
          bill requires the PUC to open a proceeding to investigate  
          the ability of electrical corporations to provide various  
                                                           CONTINUED





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          energy efficiency financing options to their customers for  
          the comprehensive energy efficiency program.

           Senate Floor Amendments  of 9/4/09 modify funding  
          limitations included in the bill by the Senate  
          Appropriations Committee to also permit the CEC to use  
          other CEC funding sources to implement the program.

           ANALYSIS  :    Existing law requires the CEC to establish  
          criteria for a statewide home energy rating system (HERS)  
          for residential buildings and to develop an informational  
          booklet to educate and inform homeowners, rental property  
          owners, and other parties, about HERS.  

          Existing law requires the PUC, in consultation with the  
          CEC, to identify all potentially achievable cost-effective  
          electricity and natural gas efficiency savings and  
          establish efficiency targets for an electrical corporation  
          to achieve those targets. 

          Existing law permits the PUC to require energy conservation  
          programs for the customers of investor-owned utilities  
          (IOUs) and requires IOUs to perform home weatherization  
          services for low-income customers.

          This bill requires the CEC to begin a regulatory proceeding  
          to develop and implement a program to achieve greater  
          efficiency savings in existing residential and commercial  
          buildings.  The CEC is authorized to include energy  
          assessments, energy efficiency improvements, financing  
          options for efficiency projects, public education, and  
          other strategies.  The CEC is required to coordinate its  
          activities with the PUC and a variety of other public and  
          private entities.  The program developed by the CEC may  
          include both utility and non-utility administered energy  
          efficiency programs.  The CEC is required to include  
          information developed through the proceeding in an existing  
          report to the Legislature.

          The bill requires the PUC to open or modify an existing  
          regulatory proceeding to determine whether utilities under  
          its jurisdiction can provide financing options to their  
          customers to implement the program developed by the CEC.   
          The PUC is also required to report on the utilities'  







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          implementation of the program.

          The bill requires municipal utilities to implement energy  
          efficiency programs and to include information on their  
          efforts in an existing report to the CEC.

          The bill requires that the CEC shall only fund activities  
          undertaken from the Federal Trust Fund consistent with the  
          federal American Recovery and Reinvestment Act of 2009, or  
          other sources of nonstate funds available for to the CEC.

           Background
           
          In 2005 the CEC released the report "Options for Energy  
          Efficiency in Existing Buildings" which included  
          recommended strategies to increase energy efficiency in  
          existing buildings.  Approximately 75 percent of  
          California's homes and apartments, more than 8 million  
          homes, were built prior to the 1982 Building Standards.   
          This was the first version of the Standards to include  
          energy performance requirements, sometimes referred to as  
          the "Second Generation Standards."  Prior to that time the  
          Department of Housing and Community Development had adopted  
          insulation only standards in 1975 and the CEC had adopted  
          whole-building prescriptive standards in 1977.  On average,  
          these pre-1982 homes are smaller than new homes and have  
          less energy-using equipment (such as air conditioning), and  
          hence use less energy.  Many have been upgraded since they  
          were initially constructed and have been made more  
          efficient through participation in utility efficiency  
          programs or because of applicable standards. Generally,  
          though, considerable potential for increasing the  
          efficiency of energy use in California's older homes  
          remains untapped.  Older commercial buildings in  
          California, where half of the floor area was built prior to  
          the first energy standards, are similarly affected by  
          underinvestment in efficiency.

          California's commercial building stock is much more diverse  
          than the residential stock.  Approximately 46 percent of  
          commercial building space was built before the 1978  
          building standards.  Large offices, retail and  
          non-refrigerated warehouses represent approximately half of  
          the total nonresidential space.  These data indicate that  







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          over five million square feet of nonresidential buildings  
          may benefit from efficiency upgrades amounting to  
          significant further savings.

          Based on the CEC analysis the potential cost effective  
          savings of energy efficiency from electricity and natural  
          gas represented from 15 to 18 percent of current statewide  
          consumption in 2005.

           Comments
           
          This bill is directed at bringing energy efficiency  
          improvements to existing residential and commercial  
          building stock in California.  California has been a leader  
          in energy efficiency.  Myriad programs have been developed  
          which include building standards for new construction,  
          consumer education, on-line audit tools, replacing  
          incandescent light bulbs with compact fluorescent bulbs,  
          motion sensor controls for exterior lighting,  
          weatherization and appliance efficiency standards.   
          Additionally, the IOUs have been directed to prepare a  
          single, comprehensive statewide long-term energy efficiency  
          plan under broad parameters.  The energy efficiency  
          achievements achieved by these programs to date are not  
          trivial.  While per capita energy consumption across the  
          United States has increased by more than 50 percent in the  
          last 35 years, California's consumption has remained flat. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                 2009-10    2010-11     
           2011-12   Fund  
          Energy Commission              $900           
          $1,800$1,800Federal 
             regulatory activities

          Implementation of additional                 Unknown    
          Federal
             energy efficiency programs           







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          Public Utilities Commission         $58      $115       
          $115Special *
             proceeding

          * Public Utilities Commission Utilities Reimbursement  
          Account.

           SUPPORT  :   (Verified  9/8/09)

          Global Green USA (source) 
          American Lung Association of California
          Breathe California
          California Association of Realtors
          California Business Properties Association
          Dow Chemical
          Ella Baker Center for Human Rights
          Environmental Defense Fund
          Environmental Health Coalition
          Planning and Conservation League
          San Diego Coastkeeper
          Sierra Club California
          South Coast Air Quality Management District
          The Utility Reform Network
          Union of Concerned Scientists
          US Green Building Council (Northern California and Los  
          Angeles)


           ASSEMBLY FLOOR :  
          AYES:  Ammiano, Arambula, Beall, Blakeslee, Blumenfield,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans,  
            Feuer, Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi,  
            Hernandez, Hill, Huffman, Jones, Krekorian, Lieu, Bonnie  
            Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez, V.  
            Manuel Perez, Portantino, Price, Ruskin, Salas, Saldana,  
            Skinner, Solorio, Swanson, Torlakson, Torres, Torrico,  
            Yamada, Bass
          NOES:  Adams, Anderson, Bill Berryhill, Tom Berryhill,  
            Conway, Cook, DeVore, Duvall, Emmerson, Fletcher, Fuller,  
            Gaines, Garrick, Gilmore, Hagman, Harkey, Huber,  
            Jeffries, Knight, Logue, Miller, Nestande, Niello,  
            Nielsen, Silva, Smyth, Audra Strickland, Tran, Villines
          NO VOTE RECORDED:  Block







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          DLW:nl  9/8/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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