BILL ANALYSIS                                                                                                                                                                                                    Ó          1





                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          SB 1130 -  De León                                Hearing Date:  
          April 24, 2012             S
          As Amended:         April 19, 2012           FISCAL       B

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                                      DESCRIPTION
           
           Current law  requires the California Energy Commission (CEC) to 
          adopt and update every three years energy efficiency building 
          regulations that specify requirements relating to lighting, 
          insulation, windows, heating, ventilation and air conditioning 
          (HVAC) systems, and other construction details designed to 
          reduce energy consumption and lower energy bills for consumers.

           Current law  requires the CEC to develop a comprehensive energy 
          efficiency strategy for residential and commercial buildings 
          constructed prior to adoption of state building standards.  

           Current law  requires the California Public Utilities Commission 
          (CPUC) to investigate the ability of electric utilities to 
          provide energy efficiency financing options to customers to 
          implement the CEC's strategy for building retrofits. 

           This bill  requires the CEC, on or before January 1, 2016, to 
          analyze and evaluate standards for commercial energy building 
          retrofits previously developed by various national and 
          international
          organizations to provide uniformity and transparency for 
          financial institutions evaluating loan proposals for energy 
          improvements to commercial properties.

           Current law  authorizes local governments to implement a Property 
          Assessed Clean Energy (PACE) program and authorizes them to 
          issue bonds secured by voluntary contractual assessments on 
          property to finance the installation of distributed generation 
          renewable energy sources, electric vehicle charging 











          infrastructure, or energy or water efficiency improvements.

           This bill  provides that the evaluation required by this bill 
          shall evaluate existing protocols or combination of elements of 
          existing measurement protocols and shall be made available in an 
          electronic format to financial institutions and local 
          governments initiating PACE bonds.

                                      BACKGROUND
           
          Energy efficiency is California's top strategy for reducing 
          energy use and meeting the state's energy needs.  Energy 
          efficiency is at the top of the "loading order," and 
          California's utilities are required to first meet their energy 
          needs through cost-effective energy efficiency measures before 
          renewable and conventional generation. The state's investor 
          owned utilities (IOUs) and, to a lesser extent, the publicly 
          owned utilities (POUs), administer hundreds of energy efficiency 
          programs that provide financial incentives and rebates for 
          installing energy efficient appliances, lighting, windows, HVAC 
          systems and other technologies or measures.

          As reviewed in an informational hearing of this committee on May 
          17, 2011, California has made substantial investment in a 
          multitude of energy efficiency programs financed with ratepayer 
          and taxpayer dollars, including:

                 $1 billion per year from IOU ratepayers for programs 
               approved by the CPUC, with about 29 percent for commercial 
               buildings.

                 $300 million per year from IOU ratepayers for free 
               weatherization services for IOU low-income customers 
               approved by the CPUC.

                 $30 million per year in federal funding for free 
               weatherization services for low-income residents 
               administered by the California Department of Community 
               Services and Development (CDCS).

                 $185 million in one-time funding for free weatherization 
               services for low-income residents from the American 
               Recovery and Reinvestment and Act of 2009 (ARRA) 
               administered by CDCS.











                 $280 million in one-time ARRA funds for energy 
               efficiency programs administered or coordinated by the CEC.

          In addition, the California Alternative Energy and Advanced 
          Transportation Financing Authority (CAEATFA) within the State 
          Treasurer's Office is implementing a loan program for financing 
          energy efficiency upgrades and other clean energy investments 
          with $25 million in ratepayer funds.

          Focus on Buildings - California's Title 24 energy efficiency 
          building regulations, first adopted by the CEC in 1978 and 
          updated every three years, specify requirements relating to 
          lighting, insulation, windows, HVAC systems, and other 
          construction details designed to reduce energy consumption and 
          lower energy bills for consumers. The state's Title 20 energy 
          efficiency appliance regulations specify energy use standards 
          for most major household and commercial appliances that must be 
          met in order to be sold in California. There is general 
          agreement that these building and appliance standards have been 
          a major contributor to the state making progress toward 
          achieving energy efficiency goals.  An update of the standards 
          is in progress.

          AB 758 (Skinner, 2009) responded to the fact that about 60 
          percent of California's residential and nonresidential buildings 
          were built prior to adoption of the building standards.  AB 758 
          requires the CEC to develop a comprehensive energy efficiency 
          strategy for this old building stock, both residential and 
          nonresidential.  To date, the CEC has used ARRA funds for some 
          pilot programs to develop and advance the tools, protocols and 
          workforce to conduct best practice building energy assessments 
          and retrofits, which the CEC says will generate information for 
          developing the long-term strategy.  As required by AB 758, the 
          CPUC has opened a rulemaking to investigate the ability of IOUs 
          to provide energy efficiency financing options to customers to 
          implement the CEC's strategy for building retrofits and is 
          considering financing as part of its proceedings governing the 
          IOU energy efficiency portfolios.

                                       COMMENTS
           
              1.   Author's Purpose  .  According to the author, this bill 
               will "Ýset] in motion standardization of building 










               efficiency standards" and will "standardize building 
               efficiency measurements and standards to provide a better 
               foundation and surety encouraging private capital 
               investment in retrofits."

              2.   What Standards and Why  ?  The brief text of this bill and 
               the minimal background information from the author provides 
               little detail or specificity as to what energy efficiency 
               standards or protocols the CEC is required to evaluate or 
               how a CEC evaluation of national or international standards 
               previously developed will lead to more private capital 
               investment in California energy efficiency retrofits.  The 
               committee may want to consider how this requirement that 
               CEC engage in evaluation of minimally specified standards, 
               and the requirement that this evaluation be made available 
               in electronic format to banks and local governments with 
               PACE programs, fits into  myriad other energy efficiency 
               programs being implemented by the CEC, CPUC, and other 
               federal, state and local agencies. Do the requirements of 
               this bill duplicate other efforts already underway and 
               funded with taxpayer and ratepayer dollars?

              3.   Ratepayer Impact  .  Because the activities of the CEC are 
               funded by ratepayer funds, the evaluation that this bill 
               requires to conduct and to provide to banks and local 
               governments will be borne by ratepayers.



                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          None

           Oppose:
           
          None

          











          Jacqueline Kinney 
          SB 1130 Analysis
          Hearing Date:  April 24, 2012