Here is SB 730, now amended. Read the parts of the bill that were removed on March 9, 2010. The sections in BOLD were removed. This is what the bill said BEFORE Michael Allen was reported to the FPPC for conflict of interest charges related to his work with Sonoma County Water Agency. As you can see, the bill is now completely changed.
BILL NUMBER: SB 730 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 9, 2010
AMENDED IN ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE MAY 6, 2009
INTRODUCED BY Senator Wiggins
FEBRUARY 27, 2009
An act to add Article 2 (commencing with Section 2846) to
Chapter 8 of Part 2 of Division 1 amend Section 399.4
of the Public Utilities Code, relating to energy efficiency.
LEGISLATIVE COUNSEL'S DIGEST
SB 730, as amended, Wiggins. Sonoma County Energy Efficiency Pilot
Project Act of 2010.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations,
as defined. The Public Utilities Act requires the commission 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. The act
additionally requires the commission, in consultation with the State
Energy Resources Conservation and Development 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 relative to the restructuring of the electrical services industry
requires the commission, in evaluating energy efficiency
investments, to ensure that local and regional interests, multifamily
dwellings, and energy service industry capabilities are incorporated
into an electrical corporation's energy efficiency program portfolio
design and that local governments, community-based organizations,
and energy efficiency service providers are encouraged to participate
in program implementation, where appropriate.
This bill would require the commission, in evaluating energy
efficiency investments, to ensure that local and regional interests,
multifamily dwellings, and energy service industry capabilities are
incorporated into an electrical corporation's energy efficiency
program portfolio design and that local governments, community-based
organizations, and energy efficiency service providers are encouraged
to participate in program design, revision, and implementation,
where appropriate. The bill would require an electrical corporation,
when developing or revising its energy efficiency program portfolio
design, to collaborate with, and seek comments from, county climate
protection authorities or other public agencies that are directly
authorized to implement regional or countywide climate protection and
energy efficiency programs.
Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.
Because the provisions of this bill would be a part of the act and
place additional duties upon electrical corporations, the bill would
impose a state-mandated local program by creating a new crime.
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.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including gas and electric
corporations. Under existing law the commission is required to
evaluate data from the Solar Water Heating Pilot Project conducted by
the California Center for Sustainable Energy, and if it determines
that the program is cost effective for ratepayers, to design and
implement a program to achieve the goal of the Legislature to promote
the installation of 200,000 solar water heating systems in homes and
businesses by 2017.
Existing law requires the program to be administered by gas
corporations and third party administrators and requires the
commission to fund the program through a surcharge applied to gas
customers at a level necessary to meet the goal of installing 200,000
solar water heating systems.
This bill would establish the Sonoma Energy Efficiency Pilot
Project Act of 2010 and would require the commission, in cooperation
with the Sonoma County Water Agency, to institute a rulemaking
proceeding for the creation of a pilot project to grant rebates for
the installation of energy efficient heating and cooling systems, as
defined, in Sonoma County. The bill would require the rebates and
incentives be made from funds collected from a surcharge imposed by
the commission on gas and electric ratepayers in Sonoma County.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 399.4 of the Public
Utilities Code is amended to read:
399.4. (a) (1) In order to ensure that prudent investments in
energy efficiency continue to be made that produce cost-effective
energy savings, reduce customer demand, and contribute to the safe
and reliable operation of the electric distribution grid, it is the
policy of this state and the intent of the Legislature that the
commission shall continue to administer cost-effective energy
efficiency programs authorized pursuant to existing statutory
authority.
(2) As used in this section, the term "energy efficiency"
includes, but is not limited to, cost-effective activities to achieve
peak load reduction that improve end-use efficiency, lower customers'
bills, and reduce system needs.
(b) The commission, in evaluating energy efficiency investments
under its existing statutory authority, shall also ensure that local
and regional interests, multifamily dwellings, and energy service
industry capabilities are incorporated into program portfolio design
and that local governments, including county regional climate
protection authorities, community-based organizations, and
energy efficiency service providers are encouraged to participate in
program design, revision, and implementation where
appropriate.
(c) When developing or revising its energy efficiency program
portfolio design, an electrical corporation shall collaborate with,
and seek comments from, county climate protection authorities or
other public agencies that are directly authorized to implement
regional or countywide climate protection and energy efficiency
programs.
SEC. 2. 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.
SECTION 1. Article 2 (commencing with Section
2846) is added to Chapter 8 of Part 2 of Division 1 of the Public
Utilities Code, to read:
Article 2. Sonoma County Energy Efficiency Pilot Project Act
of 2010
2846. This article shall be known and may be cited as the Sonoma
County Energy Efficiency Pilot Project Act of 2010.
2847. For purposes of this article, the following terms have the
following meanings:
(a) "Energy efficient heating and cooling system" means a
technology that has the primary purpose of reducing demand for
natural gas or electricity through space heating and cooling or water
heating from technologies such as ground-source heat pumps, electric
heat pumps or similar systems or devices that meet federal Energy
Star requirements.
(b) "Sonoma County Pilot Project" or "Pilot Project" means a
project to authorize the use of ratepayer energy efficiency and
natural gas surcharge funds for the deployment of energy efficient
heating and cooling systems through the Sonoma County Energy
Independence Program instituted in 2009 by the county and the Sonoma
County Water Agency adopted pursuant to Resolution Number 09-0271
adopted by the Sonoma County Board of Supervisors on March 24, 2009.
2847.1. The Legislature finds and declares all of the following:
(a) California's growing population and economy will put a strain
on energy supplies and threaten the ability of the state to meet its
global warming goals unless specific steps are taken to reduce demand
and generate energy cleanly and efficiently.
(b) Cost-effective and market-ready technologies exist to replace
water heating and space heating and cooling systems for domestic and
industrial use that currently rely on natural gas and electricity
generated from fossil fuels and accounts for a significant percentage
of the state's energy consumption.
(c) In addition to financial and energy savings, energy efficient
heating and cooling systems can help protect against future gas and
electricity shortages and reduce our dependence on foreign sources of
energy by displacing the use of electricity and natural gas.
(d) Energy efficient heating and cooling systems can also help
preserve the environment and protect public health by reducing air
pollution, including carbon dioxide, a leading global warming gas,
and nitrogen oxide, a precursor to smog.
(e) Growing demand for energy efficient technologies will create
jobs in California as well as promote greater energy independence,
protect consumers from rising energy costs and result in cleaner air.
(f) It is in the interest of the State of California to promote
energy efficient heating and cooling systems and other technologies
that directly reduce demand for natural gas and electricity in homes
and businesses.
(g) It is the intent of the Legislature to build a mainstream
market for energy efficient heating and cooling systems such as
ground source heat pumps that directly reduce demand for electricity
and natural gas in homes, businesses, and government buildings.
(h) It is the intent of the Legislature that data about the
cost-effectiveness and ratepayer benefits of providing subsidies for
energy efficient heating and cooling systems should be gathered and
studied in a manner similar to that mandated by the Solar Water
Heating and Efficiency Act of 2007, Article 2 (commencing with
Section 2860) of Chapter 9 of Part 2 of Division 1.
2847.2. (a) In cooperation with the Sonoma County Water Agency
and other local agencies responsible for the County's Energy
Independence Program, the commission shall institute a rulemaking
proceeding for creation of a pilot project to promote the deployment
of energy efficient heating and cooling systems in Sonoma County that
displace either natural gas or electrical usage through the use of
rebates.
(b) The commission shall fund the program through the use of a non
by passable surcharge applied to gas and electric customers located
in Sonoma County based upon the amount of natural gas and electricity
consumed.
(c) The purpose of the pilot project is to assess whether
ratepayers will recoup the cost of their investment in energy
efficient heating and cooling systems through lower prices as a
result of avoiding purchases of natural gas or electricity, and
benefit from additional system stability and the reduction of
greenhouse gas emissions and other air pollutants.
(d) As part of the rulemaking proceeding, the commission, in
consultation with the Energy Commission and interested members of the
public, shall establish eligibility criteria for energy efficient
heating and cooling systems receiving gas or electric ratepayer
funded incentives pursuant to this article. The criteria should
specify and include all of the following:
(1) Design, installation, and energy output or displacement
standards.
(2) Require that energy efficient heating and cooling system
components are new and unused, and have not previously been placed in
service in any other location or for any other application.
(3) Require that energy efficient heating and cooling systems are
installed in conformity with the manufacturer's specifications and
all applicable codes and standards.
(e) The commission shall set rating standards for equipment,
components, and systems to ensure reasonable performance and shall
develop standards that provide for compliance with the minimum
ratings.
2847.3. (a) The rebates and incentives provided to ratepayers
within Sonoma County through this pilot project shall decline over
time. They shall be structured so as to drive down the cost of the
energy efficient heating and cooling system technologies, and be paid
out on a performance-based incentive basis so that incentives are
earned based on the actual energy savings, or on predicted energy
savings as established by the commission.
(b) The commission shall consider federal tax credits and other
incentives available for this technology when determining the
appropriate rebate amount.
(c) The commission shall consider the impact of rebates for energy
efficient heating and cooling systems pursuant to this article on
existing incentive programs for energy efficiency technology.
2847.4. Not later than July 1, 2015, the commission shall report
to the Legislature as to the effectiveness of the pilot project and
make recommendations as to any changes that should be made to the
program, or whether it should be expanded beyond Sonoma County. This
report shall include justification for the size of the rebate program
in terms of total available incentive moneys as well as the
anticipated benefits of the program in its entirety.
BILL TEXT
AMENDED IN ASSEMBLY MARCH 9, 2010
AMENDED IN ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE MAY 6, 2009
INTRODUCED BY Senator Wiggins
FEBRUARY 27, 2009
An act to add Article 2 (commencing with Section 2846) to
Chapter 8 of Part 2 of Division 1 amend Section 399.4
of the Public Utilities Code, relating to energy efficiency.
LEGISLATIVE COUNSEL'S DIGEST
SB 730, as amended, Wiggins. Sonoma County Energy Efficiency Pilot
Project Act of 2010.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations,
as defined. The Public Utilities Act requires the commission 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. The act
additionally requires the commission, in consultation with the State
Energy Resources Conservation and Development 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 relative to the restructuring of the electrical services industry
requires the commission, in evaluating energy efficiency
investments, to ensure that local and regional interests, multifamily
dwellings, and energy service industry capabilities are incorporated
into an electrical corporation's energy efficiency program portfolio
design and that local governments, community-based organizations,
and energy efficiency service providers are encouraged to participate
in program implementation, where appropriate.
This bill would require the commission, in evaluating energy
efficiency investments, to ensure that local and regional interests,
multifamily dwellings, and energy service industry capabilities are
incorporated into an electrical corporation's energy efficiency
program portfolio design and that local governments, community-based
organizations, and energy efficiency service providers are encouraged
to participate in program design, revision, and implementation,
where appropriate. The bill would require an electrical corporation,
when developing or revising its energy efficiency program portfolio
design, to collaborate with, and seek comments from, county climate
protection authorities or other public agencies that are directly
authorized to implement regional or countywide climate protection and
energy efficiency programs.
Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.
Because the provisions of this bill would be a part of the act and
place additional duties upon electrical corporations, the bill would
impose a state-mandated local program by creating a new crime.
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.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including gas and electric
corporations. Under existing law the commission is required to
evaluate data from the Solar Water Heating Pilot Project conducted by
the California Center for Sustainable Energy, and if it determines
that the program is cost effective for ratepayers, to design and
implement a program to achieve the goal of the Legislature to promote
the installation of 200,000 solar water heating systems in homes and
businesses by 2017.
Existing law requires the program to be administered by gas
corporations and third party administrators and requires the
commission to fund the program through a surcharge applied to gas
customers at a level necessary to meet the goal of installing 200,000
solar water heating systems.
This bill would establish the Sonoma Energy Efficiency Pilot
Project Act of 2010 and would require the commission, in cooperation
with the Sonoma County Water Agency, to institute a rulemaking
proceeding for the creation of a pilot project to grant rebates for
the installation of energy efficient heating and cooling systems, as
defined, in Sonoma County. The bill would require the rebates and
incentives be made from funds collected from a surcharge imposed by
the commission on gas and electric ratepayers in Sonoma County.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 399.4 of the Public
Utilities Code is amended to read:
399.4. (a) (1) In order to ensure that prudent investments in
energy efficiency continue to be made that produce cost-effective
energy savings, reduce customer demand, and contribute to the safe
and reliable operation of the electric distribution grid, it is the
policy of this state and the intent of the Legislature that the
commission shall continue to administer cost-effective energy
efficiency programs authorized pursuant to existing statutory
authority.
(2) As used in this section, the term "energy efficiency"
includes, but is not limited to, cost-effective activities to achieve
peak load reduction that improve end-use efficiency, lower customers'
bills, and reduce system needs.
(b) The commission, in evaluating energy efficiency investments
under its existing statutory authority, shall also ensure that local
and regional interests, multifamily dwellings, and energy service
industry capabilities are incorporated into program portfolio design
and that local governments, including county regional climate
protection authorities, community-based organizations, and
energy efficiency service providers are encouraged to participate in
program design, revision, and implementation where
appropriate.
(c) When developing or revising its energy efficiency program
portfolio design, an electrical corporation shall collaborate with,
and seek comments from, county climate protection authorities or
other public agencies that are directly authorized to implement
regional or countywide climate protection and energy efficiency
programs.
SEC. 2. 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.
SECTION 1. Article 2 (commencing with Section
2846) is added to Chapter 8 of Part 2 of Division 1 of the Public
Utilities Code, to read:
Article 2. Sonoma County Energy Efficiency Pilot Project Act
of 2010
2846. This article shall be known and may be cited as the Sonoma
County Energy Efficiency Pilot Project Act of 2010.
2847. For purposes of this article, the following terms have the
following meanings:
(a) "Energy efficient heating and cooling system" means a
technology that has the primary purpose of reducing demand for
natural gas or electricity through space heating and cooling or water
heating from technologies such as ground-source heat pumps, electric
heat pumps or similar systems or devices that meet federal Energy
Star requirements.
(b) "Sonoma County Pilot Project" or "Pilot Project" means a
project to authorize the use of ratepayer energy efficiency and
natural gas surcharge funds for the deployment of energy efficient
heating and cooling systems through the Sonoma County Energy
Independence Program instituted in 2009 by the county and the Sonoma
County Water Agency adopted pursuant to Resolution Number 09-0271
adopted by the Sonoma County Board of Supervisors on March 24, 2009.
2847.1. The Legislature finds and declares all of the following:
(a) California's growing population and economy will put a strain
on energy supplies and threaten the ability of the state to meet its
global warming goals unless specific steps are taken to reduce demand
and generate energy cleanly and efficiently.
(b) Cost-effective and market-ready technologies exist to replace
water heating and space heating and cooling systems for domestic and
industrial use that currently rely on natural gas and electricity
generated from fossil fuels and accounts for a significant percentage
of the state's energy consumption.
(c) In addition to financial and energy savings, energy efficient
heating and cooling systems can help protect against future gas and
electricity shortages and reduce our dependence on foreign sources of
energy by displacing the use of electricity and natural gas.
(d) Energy efficient heating and cooling systems can also help
preserve the environment and protect public health by reducing air
pollution, including carbon dioxide, a leading global warming gas,
and nitrogen oxide, a precursor to smog.
(e) Growing demand for energy efficient technologies will create
jobs in California as well as promote greater energy independence,
protect consumers from rising energy costs and result in cleaner air.
(f) It is in the interest of the State of California to promote
energy efficient heating and cooling systems and other technologies
that directly reduce demand for natural gas and electricity in homes
and businesses.
(g) It is the intent of the Legislature to build a mainstream
market for energy efficient heating and cooling systems such as
ground source heat pumps that directly reduce demand for electricity
and natural gas in homes, businesses, and government buildings.
(h) It is the intent of the Legislature that data about the
cost-effectiveness and ratepayer benefits of providing subsidies for
energy efficient heating and cooling systems should be gathered and
studied in a manner similar to that mandated by the Solar Water
Heating and Efficiency Act of 2007, Article 2 (commencing with
Section 2860) of Chapter 9 of Part 2 of Division 1.
2847.2. (a) In cooperation with the Sonoma County Water Agency
and other local agencies responsible for the County's Energy
Independence Program, the commission shall institute a rulemaking
proceeding for creation of a pilot project to promote the deployment
of energy efficient heating and cooling systems in Sonoma County that
displace either natural gas or electrical usage through the use of
rebates.
(b) The commission shall fund the program through the use of a non
by passable surcharge applied to gas and electric customers located
in Sonoma County based upon the amount of natural gas and electricity
consumed.
(c) The purpose of the pilot project is to assess whether
ratepayers will recoup the cost of their investment in energy
efficient heating and cooling systems through lower prices as a
result of avoiding purchases of natural gas or electricity, and
benefit from additional system stability and the reduction of
greenhouse gas emissions and other air pollutants.
(d) As part of the rulemaking proceeding, the commission, in
consultation with the Energy Commission and interested members of the
public, shall establish eligibility criteria for energy efficient
heating and cooling systems receiving gas or electric ratepayer
funded incentives pursuant to this article. The criteria should
specify and include all of the following:
(1) Design, installation, and energy output or displacement
standards.
(2) Require that energy efficient heating and cooling system
components are new and unused, and have not previously been placed in
service in any other location or for any other application.
(3) Require that energy efficient heating and cooling systems are
installed in conformity with the manufacturer's specifications and
all applicable codes and standards.
(e) The commission shall set rating standards for equipment,
components, and systems to ensure reasonable performance and shall
develop standards that provide for compliance with the minimum
ratings.
2847.3. (a) The rebates and incentives provided to ratepayers
within Sonoma County through this pilot project shall decline over
time. They shall be structured so as to drive down the cost of the
energy efficient heating and cooling system technologies, and be paid
out on a performance-based incentive basis so that incentives are
earned based on the actual energy savings, or on predicted energy
savings as established by the commission.
(b) The commission shall consider federal tax credits and other
incentives available for this technology when determining the
appropriate rebate amount.
(c) The commission shall consider the impact of rebates for energy
efficient heating and cooling systems pursuant to this article on
existing incentive programs for energy efficiency technology.
2847.4. Not later than July 1, 2015, the commission shall report
to the Legislature as to the effectiveness of the pilot project and
make recommendations as to any changes that should be made to the
program, or whether it should be expanded beyond Sonoma County. This
report shall include justification for the size of the rebate program
in terms of total available incentive moneys as well as the
anticipated benefits of the program in its entirety.
