|
Amended
IN
Senate
June 10, 2024 |
|
Amended
IN
Senate
March 18, 2024 |
|
Amended
IN
Senate
June 08, 2023 |
| Introduced by Assembly Member Ting |
February 13, 2023 |
(1)Existing law requires the Public Utilities Commission (PUC) to require those electrical corporations with 250,000 or more customer accounts in the state, and those gas corporations with 400,000 or more customer accounts in the state, to fund as part of their energy efficiency portfolios the joint School Energy Efficiency Stimulus Program, which consists of: (A) the School Reopening Ventilation and Energy Efficiency Verification and Repair Program (SRVEVR Program) to award grants to local educational agencies to reopen schools with functional ventilation systems that are tested, adjusted, and, if necessary or cost effective, repaired, upgraded, or replaced to increase efficiency and performance; and (B) the School Noncompliant Plumbing Fixture and Appliance Program (SNPFA
Program) to provide grants to state agencies and local educational agencies to replace noncompliant plumbing fixtures, as defined, and noncompliant appliances, as defined, that fail to meet water efficiency standards and waste potable water and the energy used to convey that water with water-conserving plumbing fixtures and appliances.
Existing law requires the PUC to require those utilities to fund the School Energy Efficiency Stimulus Program by allocating their energy efficiency budgets for program years 2021, 2022, and 2023 in specified amounts and requires all funds allocated to be spent or returned to each utility by December 1, 2026. Existing law requires, for each program year, that 75% of these moneys are allocated to the SRVEVR Program and that 25% of these moneys are allocated to the SNPFA Program. Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to ensure that moneys from each utility for the
School Energy Efficiency Stimulus Program are used for projects located in the service territory of that utility from which the moneys are received and authorizes the Energy Commission to set application and encumbrance deadlines to ensure that the reversion of funds to each utility occurs by December 1, 2026. Existing law repeals the School Energy Efficiency Stimulus Program on January 1, 2027.
This bill would revise and recast various definitions for purposes of the School Energy Efficiency Stimulus Program, including, among others, by defining “noncompliant appliance” to additionally include a commercial propane, natural gas, or oil water heater. The bill would extend the date by which all funds allocated pursuant to the program are required to be spent or returned to each utility by December 1, 2030, as specified. The bill would authorize the Energy Commission to set application and encumbrance deadlines to ensure that the reversion of these funds occurs instead
by December 1, 2030. The bill would additionally authorize the Energy Commission to establish the timing of grant funding, as specified. The bill would require, for the first two program years, that 75% of these moneys are allocated to the SRVEVR Program and that 25% of these moneys are allocated to the SNPFA Program. The bill would, after the first two program years, instead authorize the Energy Commission to reallocate remaining moneys between the SRVEVR and SNPFA programs based on need. The bill would instead repeal these provisions on January 1, 2031.
Under existing law, the moneys in the School Energy Efficiency Stimulus Program Fund are continuously appropriated. By extending the term of a continuous appropriation, the bill would make an appropriation.
(2)Existing law requires the Energy Commission, until March 1, 2027, to annually submit a report to the relevant policy committees of the
Legislature and the Joint Legislative Budget Committee describing programmatic activities and spending pursuant to the School Energy Efficiency Stimulus Program, as specified.
This bill would extend the above-described annual reporting requirement to require that report until March 1, 2031.
(3)Under existing law, a violation of the Public Utilities Act is a crime.
Because certain provisions of this bill would be part of the act, the violation of which would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no
reimbursement is required by this act for a specified reason.
(a)By March 1, 2022, and by each March 1 thereafter, until March 1, 2031, the commission shall submit a report to the relevant policy committees of the Legislature and the Joint Legislative Budget Committee describing programmatic activities and spending pursuant to the School Energy Efficiency Stimulus Program. The report shall be submitted in compliance with Section 9795 of the Government Code.
(b)The report shall include both of the following:
(1)A description of any changes to guidelines and budget.
(2)A summary of past spending, activities funded, and expected changes in funding and activities for the next year.
(c)As part of the report, the commission may include information that is already provided in reports submitted to and approved by the Public Utilities Commission, as applicable.
(d)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2036.
(a)(1)The commission shall require each utility to fund the School Energy Efficiency Stimulus Program by allocating their energy efficiency budgets for program years 2021, 2022, and 2023, in both of the following amounts:
(A)An amount equal to the applicable percentage of the difference between the budget contained in each utility’s 2020 annual budget advice letter approved as of July 1, 2020, and the annual portfolio funding limitation for program year 2020 as set forth in the 2018–2025 business plan of each utility as approved and modified in ordering paragraph 45 of the commission’s Decision 18-05-041 (May 31,
2019), Decision Addressing Energy Efficiency Business Plans, as modified by Decision 20-02-029 (February 6, 2020), Order Modifying Decision (D.) 18-05-041 and Denying Rehearing of Decision, as Modified. The applicable percentage is 80 percent for program year 2021, 70 percent for program year 2022, and 60 percent for program year 2023.
(B)Any carryover amount from unspent and uncommitted energy efficiency funds for program year 2020, 2021, or 2022 to the School Energy Efficiency Stimulus Program for the following year’s budget.
(2)Funding allocations required by this subdivision shall only apply to program years 2021, 2022, and 2023.
(3)Any funds allocated towards the School Energy Efficiency Stimulus Program pursuant to this section that remain unspent by the end of each program year may be carried over and contribute to the next year’s budget for the School Energy Efficiency Stimulus Program until the end of the 2023 energy efficiency program year.
(b)(1)This section does not authorize the levy of a charge or any increase in the amount collected pursuant to an existing charge beyond the amounts authorized by the commission in Decision 18-05-041, or as modified by Decision 20-02-029, nor does it add to, or detract from, any existing authority of the commission to levy or increase charges.
(2)This subdivision does not change the commission’s authority to determine revenue allocation and rate design, including its ability to
prioritize customers participating in the California Alternative Rates for Energy or Family Electric Rate Assistance programs when considering appropriate revenue allocation for energy efficiency programs.
(c)The Energy Commission shall ensure that moneys from each utility for the School Energy Efficiency Stimulus Program are used for projects located in the service territory of that utility from which the moneys are received.
(d)The Energy Commission may use no more than 5 percent, not to exceed five million dollars ($5,000,000) per year, of the SRVEVR Program and the SNPFA Program funds for administrating the programs, including providing technical support to program participants. The commission shall ensure that funds allocated to the Energy Commission pursuant to this section are transferred to an account specified by the Energy Commission within 60 days after the completion
of the prior energy efficiency program year.
(e)(1)The School Energy Efficiency Stimulus Program Fund was administratively established for the Energy Commission to receive funds allocated pursuant to this chapter.
(2)Notwithstanding Section 13340 of the Government Code, the moneys in the School Energy Efficiency Stimulus Program Fund are hereby continuously appropriated to the Energy Commission without regard to fiscal years for the purposes of the School Energy Efficiency Stimulus Program established pursuant to this chapter, including, but not limited to, paying the costs of program administration.
(f)All funds allocated in subdivision (a) shall be spent or returned to each utility by December 1,
2030.
(g)The Energy Commission may set application and encumbrance deadlines to ensure that the reversion of funds as required by subdivision (f) occurs by December 1,
2030.
(h)The Energy Commission shall take steps, consistent with Section 25230 of the Public Resources Code, to ensure that a diverse group of contractors are aware of funding opportunities available through the School Energy Efficiency Stimulus Program.
(a)Moneys for the School Energy Efficiency Stimulus Program for each program year shall be allocated as follows for the first two program years:
(1)Seventy-five percent to the SRVEVR
Program.
(2)Twenty-five percent to the SNPFA Program.
(b)After the first two program years, the Energy Commission may reallocate remaining moneys between the SRVEVR and SNPFA programs based on need.
For purposes of this article, the following terms have the following meanings:
(a)“Noncompliant appliance” means any of the following:
(1)A commercial dishwasher that was manufactured
before January 1, 2010, that does not meet the efficiency requirement of the Energy Star Product Specification for Commercial Dishwashers, Version 1.1.
(2)A automatic commercial ice maker that was manufactured before January 1, 2010, that does not meet the efficiency requirement of the Energy Star Product Specification for Automatic Commercial Ice Makers, Version 1.0.
(3)A
commercial clothes washer that was manufactured before January 1, 2010, that does not meet the efficiency requirement of the Energy Star Product Specification for Clothes Washers, Version 5.0.
(4)A commercial propane, natural gas, or oil water heater.
(b)“Noncompliant plumbing fixtures”
means either of the following:
(1)A toilet, urinal, showerhead, or interior faucet that meets the definition of “noncompliant plumbing fixture” in Section 1101.3 of the Civil Code.
(2)A toilet, urinal, showerhead, or interior faucet installed before August 1, 2020, that uses a handle or button to control the flow of water.
(c)“Water-conserving appliance” means any of the following:
(1)A commercial dishwasher that meets the criteria of the Energy Star Product Specification for Commercial Dishwashers, Version 2.0, or any revision to those criteria published by the United States Environmental Protection
Agency that is adopted by the Energy Commission for the program.
(2)An automatic commercial ice maker that meets the criteria of the Energy Star Product Specification for Automatic Commercial Ice Makers, Version 3.0, or any revision to those criteria published by the United States Environmental Protection Agency that is adopted by the Energy Commission for the program.
(3)A commercial clothes washer that meets the criteria of the Energy Star Product Specification for Clothes Washers, Version 8.0, or any revision to those criteria published by the United States Environmental Protection Agency that is adopted by the Energy Commission for the program.
(4)An electric water heater that meets the criteria of either of the following:
(A)Subsection (d) of Section 430.32 of Title 10 of the Code of Federal Regulations.
(B)Paragraph (1) of subsection (e) of Section 6295 of Title 42 of the United States Code.
(d)“Water-conserving plumbing fixture” means any of the following:
(1)A fixture that meets the definition of “water-conserving plumbing fixture” in Section 1101.3 of the Civil Code.
(2)A toilet, urinal, showerhead, or interior faucet that uses a motion sensor to control the flow of water instead of a handle or button.
(a)The Energy Commission shall award a grant pursuant to this article if an applicant submits documents showing the existence of noncompliant plumbing fixtures or appliances in the buildings for which the grant funding will be used and a cost estimate that is verified by a contractor for the replacement of the noncompliant plumbing fixtures and appliances with water-conserving plumbing fixtures and water-conserving appliances, and the applicant meets other requirements determined by the Energy Commission to be appropriate to achieve the purposes of this article.
(b)The Energy Commission may establish the timing of grant funding, including, but not limited to, by providing some or
all funding in advance of the performance of work where requirements to ensure performance are established.
(c)As a condition of the grant, an applicant receiving a grant shall ensure that all construction work funded, in whole or in part, by the grants are performed by a skilled and trained workforce.
(d)The Energy Commission is authorized to provide technical assistance or award grants pursuant to the School Noncompliant Plumbing Fixture and Appliance Program to assist local educational agencies in identifying noncompliant plumbing fixtures and noncompliant appliances eligible for replacement pursuant to this article.
This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.