BILL ANALYSIS � 1
SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
ALEX PADILLA, CHAIR
SB 1409 - Pavley Hearing Date:
April 24, 2012 S
As Amended: April 9, 2012 FISCAL B
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DESCRIPTION
Existing law establishes the Governor's Office of Planning and
Research (OPR) for the purpose of developing state land use
policies, coordinating planning of all state agencies, and
assisting and monitoring local and regional planning.
This bill states findings and declarations concerning the threat
posed to national security as a result of climate change and oil
dependence.
This bill requires the OPR, in consultation with the California
Energy Commission, and other appropriate state agencies, to
consult and coordinate with the United States Armed Forces on
specified complementary energy environmental and procurement
policies and provide assistance in resolving conflicts with the
deployment of with the research, development, and deployment of
clean energy in California by the armed forces.
BACKGROUND
The OPR, created by statute in 1970, is part of the Office of the
Governor. OPR serves the Governor and his cabinet as staff for
long-range planning and research, and constitutes the
comprehensive state planning agency.
The United States military plays an important role in California.
It is steward to approximately ten percent of California's land,
its operations and personnel contribute billions of dollars to
the state's economy and its military bases provide critical
training for national defense. In recognition of the military's
impact on the state, Executive Order S-16-06 established the
Governor's Advisor for Military Affairs within OPR. Under this
executive order, OPR coordinates state policies that affect the
military, including land use planning, regulatory activities by
state agencies, and state legislation. OPR works to improve
communication and encourage collaboration between local
governments and the United States Military on land use planning
and development issues in California. The Governor's Advisor for
Military Affairs works closely with all branches of the military
on areas of mutual concern and priority. Areas of focus include:
Land Use: OPR works with active military installations in
California and local communities to reduce potential land
use conflicts;
Energy: OPR and other state agencies actively partner
with the military to advance shared energy goals, including
the expansion of energy efficiency and renewable energy; and
Regulatory Activities: OPR and the military work
cooperatively to ensure that active military installations
are able to comply with state regulations.
COMMENTS
1. Author's Purpose . The author advises that state law does
not assign a designee to work with the Department of Defense
(DOD) to collaboratively advance energy security objectives
where these objectives align with state and DOD priorities.
As a result, the state faces both a challenge and an
opportunity to address critical energy security questions in
implementing state energy policies (e.g. "balancing
renewable fuel and carbon reduction goals with energy
security and other policy objectives." California Energy
Commission, 2011 Integrated Energy Policy Report, p. 152).
Also, because of the size of the DOD's economic impact on
the state of California, and the major investments the DOD
is planning to make in future years in clean energy,
California can do more than is currently being done to
attract new jobs and economic activity in the state by
coordinating more closely with DOD in the clean energy
sector.
2. Clarification Needed . The author has provided the
following language to further specify the work that she
finds needs to be done. Additionally, the bill places the
direction to OPR in the Public Resources Code but its proper
placement is in the Government Code where the OPR was
originally created (Government Code Sections 65025 et.
seq.).
a) The Office of Planning and Research shall do all of
the following:
1) Coordinate with the United States Armed Forces,
where appropriate and feasible, and to the extent
permitted by federal law, on the implementation of
complementary energy, environmental, and procurement
policies, to promote the commercialization of clean
energy technologies in California and the deployment of
clean energy projects in California, including, local
clean energy generation and storage, energy efficiency
and demand response, alternative and renewable fuels,
advanced vehicles, and related infrastructures.
2) Provide assistance to public or private
entities in California that are receiving, or have a
reasonable opportunity to qualify for, federal grants,
loans, or other assistance for clean energy research,
development, demonstration, deployment, or procurement
of clean energy products or services in California.
Such funding must:
A) Advance national security or military
objectives through clean energy-related measures,
including energy efficiency, the reduction of water
and petroleum consumption, the development and
deployment of alternative and renewable fuels,
advanced transportation technology and related
infrastructure, distribution generation, energy
storage, or mobile recharging technology.
B) Advance state sustainability, renewable
energy, conservation, energy storage or greenhouse
gas reduction goals.
C) For projects involving transportation
fuels, on a full life-cycle assessment basis, not
adversely impact air quality, water quality or the
sustainability of natural resources, especially state
and federal lands.
3) Provide assistance in resolving conflicts
associated with the research, development, and
deployment of clean energy in California by the United
States Armed Forces or a branch of the armed forces,
including facilities owned or operated by private
entities under contract with the United States Armed
Forces or a branch of the United States Armed Forces.
For conflicts that involve a clean energy-related
permit or development project, such conflicts may be
resolved in accordance with processes developed by the
Governor pursuant to Section 65404 of the Government
Code.
b) Nothing in this section is intended to interfere with
or prevent the existing authority of an agency or
department to carry out its programs, projects, or
responsibilities, and nothing in this section shall be
considered as a limitation on compliance with requirements
under any other provision of law.
1. Necessity ? The necessity of this measure is somewhat
curious since the OPR already maintains a liaison with the
military to specifically work with the branches on land use
and energy policy. The author responds that this position
was established by executive order, has a more narrow role
than what is called for in this measure, and its priority
necessitates protection in statute.
2. Goals Not Aligned . Some or all branches of the services
have adopted goals that may not be consistent with
California's goals. For instance the Department of the
Navy's renewable energy goals are that at least 50% of its
"shore-based energy" requirements come from alternative
sources by 2020 while California's RPS goals are 33%.
Additionally, what the Armed Services considers clean or
renewable may not be the same as the definitions for
California. The bill could be interpreted as in some way
obligating the state to commit its resources to achieving
more aggressive goals than the state has thought appropriate
and affordable. The committee may wish to consider limiting
the work of the OPR to that which is assisting the state in
meeting its goals or to expressly state that OPR's role is
limited to programs where the state and federal goals are
aligned.
3. Double Referral . Should this bill be approved by the
committee, it should be re-referred to the Senate Committee
on Rules for its consideration.
POSITIONS
Sponsor:
Truman National Security Project
Support:
None on file
Oppose:
None on file
Kellie Smith
SB 1409 Analysis
Hearing Date: April 24, 2012