Bill Text: CA AB796 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Financial assistance: Clean Energy Economy and Jobs

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2012-09-27 - Consideration of Governor's veto pending. [AB796 Detail]

Download: California-2011-AB796-Amended.html

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BILL NUMBER: AB 796	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 13, 2011
	AMENDED IN ASSEMBLY  MAY 11, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011

INTRODUCED BY   Assembly Member Blumenfield
   (Coauthor: Assembly Member Wieckowski)

                        FEBRUARY 17, 2011

   An act to amend Section 44559.3 of the Health and Safety Code,
  and to add Division 16.1 (commencing with Section 26050) to
the Public Resources Code,   relating to financial
assistance.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 796, as amended, Blumenfield. Financial  assistance.
  assistance   : Capital Access Loan Program
  .  
   (1) The California Alternative Energy and Advanced Transportation
Financing Act requires the California Alternative Energy and Advanced
Transportation Financing Authority (CAEATFA), in consultation with
the State Energy Resources Conservation and Development Commission,
to establish criteria for selecting projects related to renewable
energy and alternative transportation technologies that would receive
financial assistance, including loans, loan loss reserves, interest
rate reductions, insurance, guarantees, and other credit enhancement
or liquidity facilities, from the authority.  
   This bill would require the CAEATFA to establish the Clean Energy
and Jobs Incentive Program to provide financial assistance in the
form of loan loss reserves to a participating financial institution
providing loans to California-based entities for the development and
expansion of manufacturing facilities or the installation of eligible
technologies, as defined.  
   (2) Existing 
    Existing  law establishes the Capital Access Loan
Program for small businesses, administered by the California
Pollution Control Financing Authority (authority), which provides
loans through participating financial institutions to qualifying
small businesses. Existing law requires the authority to create a
loss reserve account for each financial institution in order to
provide protection against loss. The loss reserve account for a
financial institution consists of moneys paid as fees by borrowers
and the financial institution, moneys transferred to the account from
a small business assistance fund, matching federal moneys, and other
moneys provided by the authority or other source. Existing law
requires the combined amount to be deposited by the participating
financial institution into any individual loss reserve account over a
3-year period, in connection with any single borrower or any group
of borrowers among which a common enterprise exists, to be not more
than $100,000.
   This bill would increase this maximum contribution by the
financial institution to $200,000, if the matching contribution made
by the authority is funded exclusively from funds made available
pursuant to the federal Small Business Jobs Act of 2010.  The
bill would limit the amount of those funds used for matching
contributions for deposits exceeding $100,000 to not more than 50% of
the available funds. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44559.3 of the Health and Safety Code is
amended to read:
   44559.3.  (a) The authority shall establish a loss reserve account
for each financial institution with which the authority makes a
contract.
   (b) The loss reserve account for a financial institution shall
consist of moneys paid as fees by borrowers and the financial
institution, moneys transferred to the account from a small business
assistance fund, any matching federal moneys, and any other moneys
provided by the authority or other source.
   (c) Notwithstanding any other law, the authority may establish and
maintain loss reserve accounts with a financial institution under
such policies as the authority may adopt.
   (d) All moneys in a loss reserve account established pursuant to
this article are the exclusive property of, and solely controlled by,
the authority. Interest or income earned on moneys credited to the
loss reserve account shall be deemed to be part of the loss reserve
account. The authority may withdraw from the loss reserve account all
interest or other income that has been credited to the loss reserve
account. A withdrawal made pursuant to this subdivision may be made
prior to paying any claim and shall be used for the sole purpose of
offsetting costs associated with carrying out the program, including
administrative costs and loss reserve account contributions.
   (e) (1) Except as provided in paragraph (2), the combined amount
to be deposited by the participating financial institution into an
individual loss reserve account over a three-year period, in
connection with a single borrower or a group of borrowers among which
a common enterprise exists, shall be not more than one hundred
thousand dollars ($100,000).
   (2)  (A)    The combined amount to be deposited
by the participating financial institution into an individual loss
reserve account over a three-year period, in connection with a single
borrower or any group of borrowers among which a common enterprise
exists, shall be not more than two hundred thousand dollars
($200,000), if the matching contribution made by the authority is
funded exclusively from funds made available pursuant to the federal
Small Business Jobs Act of 2010 (Public Law 111-240). 
   (B) The authority shall not use more than 50 percent of the total
funds made available for matching contribution purposes of
subparagraph (A) pursuant to the federal Small Business Jobs Act of
2010 (Public Law 111-240) for deposits exceeding one hundred thousand
dollars ($100,000).  
  SEC. 2.    Division 16.1 (commencing with Section
26050) is added to the Public Resources Code, to read:

      DIVISION 16.1.  Clean Energy Economy and Jobs


      CHAPTER 1.  GENERAL PROVISIONS AND DEFINITIONS


   26050.  (a) The Legislature finds and declares all of the
following:
   (1) The continued growth of California's clean technology industry
is essential to the state's economic solvency and will continue to
create California-based jobs.
   (2) Promoting innovative technologies that reduce dependence on
fossil fuels, improve energy efficiency, and reduce carbon emissions
will help California meet its environmental targets and increase
energy security.
   (3) From 1995 to 2008, inclusive, clean technology manufacturing
employment expanded by 19 percent, while overall manufacturing
employment dropped by 9 percent.
   (4) California's environmental laws have stimulated nine billion
dollars ($9,000,000,000) in cumulative venture capital investment
from 2005 to 2009, inclusive, including two billion one hundred
million dollars ($2,100,000,000) in investment capital in 2009,
representing 60 percent of the total investment in North America and
more than five times the investment in the state's nearest
competitor, Massachusetts.
   (5) Between 2007 and 2009, California led all other states in
clean technology patent registrations, outpacing the second-ranked
state, New York, by more than 150.
   (6) California-based companies have patented more types of
electric vehicle battery technology than companies in other states.
   (7) Attempting to take advantage of California's economic and
environmental progress, other states and other countries are
providing financial incentives to California clean energy companies
to move away from California and establish manufacturing facilities
elsewhere.
   (8) Given the surge in out-of-state and overseas competition and
incentives, it is in the state's best interest to immediately
incentivize California-based clean technology companies so that they
remain in California.
   (b) It is the intent of the Legislature to promote the development
of in-state manufacturing facilities and jobs that produce
technologies that reduce pollution, increase energy efficiency,
reduce greenhouse gas emissions, improve air quality, or reduce water
pollution.
   26051.  As used in this division, the following terms mean the
following:
   (a) "Authority" means the California Alternative Energy and
Advanced Transportation Financing Authority established pursuant to
Section 26004.
   (b) "California-based entity" means either of the following:
   (1) A corporation or other business form organized for the
transaction of business in California that has its headquarters in
California and manufactures in California the product in an eligible
technology that qualifies for the incentive or award, as determined
by the authority.
   (2) A corporation or other business form organized for the
transaction of business that has an office for transaction in
California and substantially manufactures in California the product
in an eligible technology that qualifies for the incentive or award,
as determined by the authority.
   (c) "Eligible technology" means any of the following:
   (1) A device of technology that conserves or produces heat,
processes heat, space heating, water heating, steam, space cooling,
refrigeration, mechanical energy, electricity, or energy in any form
convertible to these uses that does not expend or use conventional
energy fuels, and that uses any of the following electrical
generation technologies:
   (A) Biomass.
   (B) Solar thermal.
   (C) Photovoltaic.
   (D) Wind.
   (E) Geothermal.
   (2) Ultralow emission equipment for energy generation based on
thermal energy systems such as natural gas turbines and fuel cells.
   (3) Advanced transportation vehicles, fuels, or infrastructure.
   (4) Advanced electric distributive generation technology as
defined in Section 379.8 of the Public Utilities Code or energy
storage technologies and their component materials.
   (d) "Program" means the Clean Energy and Jobs Incentive Program
established pursuant to Section 26055.
      CHAPTER 2.  CLEAN ENERGY AND JOBS INCENTIVE PROGRAM


   26055.  (a) The authority shall establish the Clean Energy and
Jobs Incentive Program for eligible California-based entities for the
development and expansion of manufacturing facilities or the
installation of eligible technologies.
   (b) The program shall provide a loan loss reserve account to a
participating loan institution that would be responsible for the
overall financial structure of the financial assistance for clean
technology manufacturing development and expansion.
   (c) The program shall evaluate an application based on need, job
development benefit, environmental benefit, and financial risk.
   (d) The program shall allow a participating financial institution
to apply for loan loss reserve support for qualified loans for clean
energy technology manufacturing development and expansion.
   (e) The program shall establish a process for allowing a lender
applicant to become a participating financial institution and enroll
in the loan loss reserve program.
   (f) The process established pursuant to subdivision (e) shall, at
a minimum, require the lender applicant to provide certification of
all of the following:
   (1) The applicant meets federal and state requirements for a
financial institution.
   (2) The borrower has secured or made applications for all
applicable licenses or permits needed to conduct business, including
appropriate environmental review.
   (3) The borrower is a California-based entity that is developing
an eligible technology.
   (4) The lender applicant and the borrower would not be able to
enter into a loan without the loan loss reserve support.
   (g) The program shall give priority to lender applicants that are
working with borrowers that have been offered financial assistance to
relocate to another state or other countries.
   (h)  (1) To the extent funds are required to implement the
program, that authority, upon the appropriation of the Legislature,
may use federal funds as authorized by federal law, state funds,
including the renewable energy public goods charge as defined in
Section 25741, or private funds to develop the program.
   (2) Funds appropriated from the renewable energy public goods
charge shall be used only for an eligible renewable energy resource,
as defined in Section 399.12 of the Public Utilities Code.