Bill Text: CA SB343 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Energy: efficiency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-07-12 - Read second time and amended. Re-referred to Com. on NAT. RES. [SB343 Detail]

Download: California-2011-SB343-Amended.html

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BILL NUMBER: SB 343	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator De León

                        FEBRUARY 15, 2011

   An act to  amend Section 25747 of   add
Section 25744.5 to  the Public Resources Code,   to amend
Section 382 of, and add S   ection 385.1 to, the Public
Utilities Code,   relating to energy.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 343, as amended, De León.  Energy: renewable energy
resources program.   Energy:   efficiency 
 .  
   Under existing law, the Public Utilities Commission (PUC) has
regulatory authority over public utilities, including electrical
corporations and gas corporations, as defined. The Public Utilities
Act requires the PUC to review and adopt a procurement plan for each
electrical corporation in accordance with specified elements,
incentive mechanisms, and objectives. The act requires that an
electrical corporation's proposed procurement plan include certain
elements, including a showing that the electrical corporation will
first meet its unmet needs through all available energy efficiency
and demand reduction resources that are cost effective, reliable, and
feasible. Existing law requires the PUC, in consultation with the
State Energy Resources Conservation and Development Commission
(Energy Commission), to identify all potentially achievable
cost-effective electricity efficiency savings and to establish
efficiency targets for electrical corporations to achieve pursuant to
their procurement plan. Existing law requires the PUC, in
consultation with the Energy Commission, to identify all potentially
achievable cost-effective natural gas efficiency savings and to
establish efficiency targets for a gas corporation to achieve. 

   This bill would require the PUC to open a new proceeding or expand
the scope of an existing proceeding to consider establishment of a
program by electrical corporations and gas corporations to provide
on-bill financing for energy efficiency retrofits.  
   Existing law requires the PUC to require the state's 3 largest
electrical corporations to identify a separate electrical rate
component to fund programs that enhance system reliability and
provide in-state benefits. This rate component is a nonbypassable
element of local distribution and collected on the basis of usage.
Existing PUC resolutions refer to the nonbypassable rate component as
a "public goods charge." The public goods charge moneys are
collected to support cost-effective energy efficiency and
conservation activities, public interest research and development not
adequately provided by competitive and regulated markets, and
renewable energy resources. Moneys collected through the public goods
charge for cost-effective energy efficiency and conservation
activities are utilized by electrical corporations for programs
subject to supervision by the PUC. Moneys collected through the
public goods charge for renewable energy resources are deposited in
the Renewable Resources Trust Fund, administered by the Energy
Commission. Existing law requires that 79% of the moneys collected
pursuant to the renewable energy public goods charge, as defined, be
deposited into the Emerging Renewable Resources Account within the
fund to be used for a multiyear, consumer-based program to foster the
development of emerging renewable technologies in distributed
generation applications.  
   This bill would require that an unspecified amount of the moneys
collected through the renewable energy public goods charge and
deposited into the Emerging Renewable Resources Account be used by
the Energy Commission for a program for energy efficiency retrofits
for commercial buildings.  
   This bill would require electrical corporations to dedicate a
portion of the moneys collected pursuant to the public goods charge
for energy efficiency programs for low-income electricity customers
to a program of grants to be made available on a competitive basis to
community-based organizations for purposes of energy efficiency
retrofits.  
   Existing law requires each local publicly owned electric utility,
as defined, to establish a nonbypassable, usage based charge on local
distribution service to fund cost-effective demand-side management
services to promote energy efficiency and energy conservation, new
investment in renewable energy resources and technologies, research,
development, and demonstration programs for the public interest, and
services provided for low-income electricity customers.  
   This bill would require each local publicly owned electric utility
to dedicate a portion of the moneys collected for cost-effective
demand-side management services to promote energy efficiency and
energy conservation to a program for energy efficiency retrofits of
commercial buildings.  
   The Warren-Alquist State Energy Resources Conservation and
Development Act requires the State Energy Resources Conservation and
Development Commission to adopt guidelines governing the funding of
programs authorized pursuant to this act, at a publicly noticed
meeting offering all interested parties an opportunity to comment.
Substantive changes to the guidelines may not be adopted without at
least 10 days' written notice to the public.  
   This bill would instead require that the public be given at least
14 days' written notice. 
   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 25744.5 is added to the 
 Public Resources Code   , to read:  
   25744.5.  Notwithstanding Section 25744, the commission shall,
upon appropriation by the Legislature, expend ($____) of the funding
allocated to the Emerging Renewable Resources Account to a program
for energy efficiency retrofits for commercial buildings. 
   SEC. 2.    Section 382 of the   Public
Utilities Code   is amended to read: 
   382.  (a) Programs provided to low-income electricity customers,
including, but not limited to, targeted energy-efficiency services
and the California Alternate Rates for Energy program shall be funded
at not less than 1996 authorized levels based on an assessment of
customer need.
   (b) In order to meet legitimate needs of electric and gas
customers who are unable to pay their electric and gas bills and who
satisfy eligibility criteria for assistance, recognizing that
electricity is a basic necessity, and that all residents of the state
should be able to afford essential electricity and gas supplies, the
commission shall ensure that low-income ratepayers are not
jeopardized or overburdened by monthly energy expenditures. Energy
expenditure may be reduced through the establishment of different
rates for low-income ratepayers, different levels of rate assistance,
and energy efficiency programs.
   (c) Nothing in this section shall be construed to prohibit
electric and gas providers from offering any special rate or program
for low-income ratepayers that is not specifically required in this
section.
   (d) Beginning in 2002, an assessment of the needs of low-income
electricity and gas ratepayers shall be conducted periodically by the
commission with the assistance of the Low-Income Oversight Board.
The assessment shall evaluate low-income program implementation and
the effectiveness of weatherization services and energy efficiency
measures in low-income households. The assessment shall consider
whether existing programs adequately address low-income electricity
and gas customers' energy expenditures, hardship, language needs, and
economic burdens.
   (e) The commission shall, by not later than December 31, 2020,
ensure that all eligible low-income electricity and gas customers are
given the opportunity to participate in low-income energy efficiency
programs, including customers occupying apartments or similar
multiunit residential structures. The commission and electrical
corporations and gas corporations shall make all reasonable efforts
to coordinate ratepayer-funded programs with other energy
conservation and efficiency programs and to obtain additional federal
funding to support actions undertaken pursuant to this subdivision.
   These programs shall be designed to provide long-term reductions
in energy consumption at the dwelling unit based on an audit or
assessment of the dwelling unit, and may include improved insulation,
energy efficient appliances, measures that utilize solar energy, and
other improvements to the physical structure. 
   (f) Each electrical corporation shall dedicate a portion of the
moneys collected for purposes of meeting the requirements of this
section to a program of grants to be made available on a competitive
basis to community-based organizations for purposes of energy
efficiency retrofits.  
   (f) 
    (g)  The commission shall allocate funds necessary to
meet the low-income objectives in this section.
   SEC. 3.    Section 385.1 is added to the  
Public Utilities Code   , to read:  
   385.1.  Each local publicly owned electric utility shall dedicate
a portion of the moneys collected for cost-effective demand-side
management services to promote energy efficiency and energy
conservation to a program for energy efficiency retrofits of
commercial buildings. 
   SEC. 4.    The Public Utilities Commission shall open
a new proceeding or expand the scope of an existing proceeding to
consider establishment of a program by electrical corporations and
gas corporations to provide on-bill financing for energy efficiency
retrofits.  
  SECTION 1.    Section 25747 of the Public
Resources Code is amended to read:
   25747.  (a) The commission shall adopt guidelines governing the
funding programs authorized under this chapter, at a publicly noticed
meeting offering all interested parties an opportunity to comment.
Substantive changes to the guidelines may not be adopted without at
least 14 days' written notice to the public. The public notice of
meetings required by this subdivision may not be less than 30 days.
Notwithstanding any other provision of law, any guidelines adopted
pursuant to this chapter or Section 399.13 of the Public Utilities
Code, shall be exempt from the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The Legislature declares that the changes made
to this subdivision by the act amending this section during the 2002
portion of the 2001-02 Regular Session are declaratory of, and not a
change in existing law.
   (b) Funds to further the purposes of this chapter may be committed
for multiple years.
   (c) Awards made pursuant to this chapter are grants, subject to
appeal to the commission upon a showing that factors other than those
described in the guidelines adopted by the commission were applied
in making the awards and payments. Any actions taken by an applicant
to apply for, or become or remain eligible and registered to receive,
payments or awards, including satisfying conditions specified by the
commission, shall not constitute the rendering of goods, services,
or a direct benefit to the commission.
   (d) An award made pursuant to this chapter, the amount of the
award, and the terms and conditions of the grant are public
information.