BILL NUMBER: AB 1881	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Pescetti
   (Principal coauthor: Senator Murray)

                        FEBRUARY 4, 2002

   An act to amend Section 14684 of the Government Code, as added by
Chapter 10 of the Statutes of the 2001-02 Second Extraordinary
Session, and to amend Section 1 of Chapter 10 of the Statutes of the
2001-02 Second Extraordinary Session, relating to solar energy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1881, as introduced, Pescetti.  Solar energy systems:  solar
thermal energy.
   Chapter 10 of the Statutes of the 2001-02 Second Extraordinary
Session (Chapter 10), which will become operative 91 days following
the adjournment of that session, will require, upon the operative
date of that chapter, the Department of General Services, in
consultation with the State Energy Resources Conservation and
Development Commission, to ensure that solar energy equipment, as
defined, is installed, no later than January 1, 2007, on all state
buildings and state parking facilities where feasible, as defined.
Chapter 10 also will require solar energy equipment to be installed
where feasible as part of the construction of all state buildings and
state parking facilities that commences after December 31, 2002.
   This bill would modify the definition of feasible to require
installation of solar energy equipment if there is adequate space
adjacent to a building in addition to on a building.  The bill would
clarify that funding would be required to be available for the
installation of energy equipment to be feasible.
   Chapter 10 will define cost-effective and requires the department
to take into consideration air emission reduction benefits in its
present value assessment for cost-effectiveness.
   This bill would also require the department to take into
consideration the value of stable energy costs for
cost-effectiveness.
   Chapter 10 will define solar energy equipment as equipment whose
primary purpose is to provide for the collection, conversion,
storage, or control of solar energy for electricity generation.
   This bill would additionally include within the definition of
solar energy equipment, equipment whose primary purpose is to provide
for the collection, conversion, storage, or control of solar energy
for the purpose of heat production.
   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 1 of Chapter 10 of the Statutes of the 2001-02
Second Extraordinary Session is amended to read:
  Sec. 1.  The Legislature finds and declares all of the following:
   (a) California is experiencing severe electrical shortages, which
endanger the health, safety, and economic development opportunity of
its citizens.   California is also experiencing natural gas
shortages and price volatility that adversely affect electricity
price and availability. 
   (b) Immediate measures are needed to increase the electrical
generation capacity within California, including energy from solar
energy systems  , and to reduce the consumption of natural gas
for purposes other than the generation of electricity within
California  .
   (c) California has been a leader in the development of solar
energy systems.
   (d) California must take all reasonable actions necessary to
encourage the use of solar energy systems at state buildings and
facilities.
  SEC. 2.  Section 14684 of the Government Code as added by Chapter
10 of the Statutes of the 2001-02 Second Extraordinary Session is
amended to read:
   14684.  (a) The department, in consultation with the State Energy
Resources Conservation and Development Commission, shall ensure that
solar energy equipment is installed, no later than January 1, 2007,
on all state buildings and state parking facilities, where feasible.
The department shall establish a schedule designating when solar
energy equipment will be installed on each building and facility,
with priority given to buildings and facilities where installation is
most feasible, both for state building and facility use and
consumption and local publicly owned electric utility use, where
feasible.
   (b) Solar energy equipment shall be installed where feasible as
part of the construction of all state buildings and state parking
facilities that commences after December 31, 2002.
   (c) For purposes of this section, it is feasible to install solar
energy equipment if adequate space on  or adjacent to  a
building is available,  and  if the solar energy
equipment is cost-effective  .   , and if 
funding is available.
   (d) No part of this section  shall   may
 be construed to exempt the state from any applicable fee or
requirement imposed by the Public Utilities Commission.
   (e) The department may adopt regulations for the purposes of this
section as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1.  For purposes of Chapter
3.5 (commencing with Section 11340) of Part 1, including, but not
limited to, Section 11349.6, the adoption of the regulations shall be
considered by the Office of Administrative Law to be necessary for
the immediate preservation of the public peace, health, safety, and
general welfare.  Notwithstanding the 120-day limit specified in
subdivision (e) of Section 11346.1, the regulations shall be repealed
180 days after their effective date, unless the department complies
with Chapter 3.5 (commencing with Section 11340) of Part 1 as
provided in subdivision (e) of Section 11346.1.
   (f) For purposes of this section, the following terms have the
following meanings:
   (1) "Cost-effective" means that the present value of the savings
generated over the life of the solar energy system, including
consideration of the value of the energy produced during peak and
off-peak demand periods and the value of a reliable energy supply not
subject to price volatility, shall exceed the present value cost of
the solar energy equipment by not less than 10 percent.  The present
value cost of the solar energy equipment does not include the cost of
unrelated building components.  The department, in making the
present value assessment, shall obtain interest rates, discount
rates, and consumer price index figures from the Treasurer, and shall
take into consideration air emission reduction benefits  and the
value of stable energy costs  .
   (2) "Local publicly owned electric utility" means a local publicly
owned electric utility as defined in  subdivision (d) of 
Section 9604 of the Public Utilities Code.
   (3) "Solar energy equipment" means equipment whose primary purpose
is to provide for the collection, conversion, storage, or control of
solar energy for  the purpose of heat production or 
electricity generation.
  SEC. 3.  Sections 1 and 2 of this act shall become operative only
if Chapter 10 of the Statutes of the 2001-02 Second Extraordinary
Session becomes operative, in which case Sections 1 and 2 shall
become operative consistent with Section 8 of Article IV of the
California Constitution.