BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 850
                                                                  Page  1

          Date of Hearing:   May 3, 2011

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER 
                                     PROTECTION
                                 Mary Hayashi, Chair
                    AB 850 (Gordon) - As Amended:  April 14, 2011
           
          SUBJECT  :   State buildings: efficiency. 

           SUMMARY  :   Requires the California Energy Commission (CEC), in 
          consultation with the Department of General Services (DGS) and 
          other state agencies and departments, to develop a multi-year 
          plan of energy efficiency and water conservation for state 
          facilities.  Specifically,  this bill  :  

          1)Requires CEC, in consultation with DGS and other state 
            agencies and departments, to develop a multi-year plan of 
            energy efficiency and water conservation for state facilities. 


          2)Requires DGS, in consultation with CEC, to make 
            recommendations to the Governor and Legislature to achieve 
            energy efficiency and water conservation goals and report 
            specified information for its projects, by January 1, 2013, 
            and biennially thereafter. 

          3)Requires CEC to solicit input from both public and private 
            entities. 

          4)Requires that the plan shall not prohibit, limit, or supersede 
            more stringent green building requirements for public 
            buildings.

          5)Defines "state facilities" to mean any public building, 
            including any structure, building, facility, or work that a 
            state agency has jurisdiction of, or is authored to design or 
            construct, but does not include state-leased buildings unless 
            financed by lease-revenue bonds.

          6)Makes legislative findings and declarations. 

           EXISTING LAW  : 

          1)Authorizes DGS to sell, lease, exchange, transfer, and 
            maintain state property.








                                                                  AB 850
                                                                  Page  2


          2)Requires DGS, in consultation with CEC, to develop a 
            multi-year plan of energy efficiency.

          3)Requires DGS to make recommendations to the Governor and 
            Legislature to achieve energy efficiency and water 
            conservation goals and report specified information for its 
            projects, by March 1, 2009, and biennially thereafter. 

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           Purpose of this bill  .  According to the author's office, "The 
          CEC should be tasked with regularly assessing the state's 
          progress toward improving energy efficiency and water 
          conservation strategies in state buildings.  Since 1992, DGS has 
          been required to make assessments regarding energy efficiency in 
          state buildings, and starting in 2008, to report their findings 
          on a regular basis to the Governor and the Legislature.  By 
          engaging CEC as the lead on the evaluation of energy efficiency 
          strategies, we are enabling our own experts in the field to 
          guide our statewide strategy.  

           Background  .  DGS is responsible for maintaining state buildings 
          and implementing policy decisions related to state facilities.   
          It is unclear why existing law should be revised to give CEC the 
          decision-making authority granted to DGS over state buildings.  
          Existing law already requires DGS to consult with CEC in the 
          development of an energy efficiency plan relating to state 
          buildings.  Further, nothing precludes CEC from soliciting input 
          from public and private entities nor restricts DGS from adopting 
          more stringent green building requirements for public buildings. 
           

           Committee Amendments  .  The following are suggested committee 
          amendments that are necessary to clarify that DGS is the entity 
          responsible for managing state buildings. 

          On page 3, strike out lines 8 to 10, inclusive, and insert 
          "Department of General Services, in consultation with the State 
          Energy Resources Conservation and Development Commission and 
          other state agencies and"

          On page 3, line 14, strike out "commission" and insert 








                                                                  AB 850
                                                                  Page  3

          "department"

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file. 

           Opposition 
           
          None on file. 
           
          Analysis Prepared by  :    Joanna Gin / B.,P. & C.P. / (916) 
          319-3301