BILL ANALYSIS                                                                                                                                                                                                    




                    Appropriations Committee Fiscal Summary
          
           ------------------------------------------------------------ 
          |                               |5(Sher)                     |
          |-------------------------------+----------------------------|
          |                               |                            |
          |-------------------------------+----------------------------|
          |Hearing Date:  2/21/01         |Amended: 2/20/01            |
          |-------------------------------+----------------------------|
          |Consultant:  Lisa Matocq       |Policy Vote: E, U & C       |
          |                               |7-0                         |
          |                               |                            |
           ------------------------------------------------------------ 
          ____________________________________________________________ 
          ___
          BILL SUMMARY:   SB 5X, an urgency bill:

           appropriates $1.02 billion to various state agencies (to  
            be allocated per the attached schedule) in order to  
            reduce peak electricity demand by at least 2,585  
            megawatts, to expand low-income energy assistance  
            programs, and encourage energy efficiency, as specified.   
            These provisions of the bill sunset January 1, 2005. 
           until June 30, 2003, authorizes state agencies, subject  
            to approval of the Directors of General Services and  
            Finance, to develop energy conservation and efficiency  
            projects, as specified.

                              Fiscal Impact (in thousands)
           Major Provisions                     2000-01              2001-02          
            2002-03                Fund  
          
          Appropriation                 $1,011,500*            --               
                --                   General
          Dept. of Transportation
          appropriation                 $      15,000*  --                     
          --                   Special**
          Energy Commission 
          personnel                        Included          $ 2,000           
          $ 2,000                General
          Energy cost savings         
          ---------------------Unknown---------------               Various
           *Appropriated in the bill.
          **State Highway Account.
          
          STAFF COMMENTS:  This bill:











           defines "state energy projects" as (1) equipment, load  
            management techniques, and other measures/services which  
            reduce energy consumption and provide for more efficient  
            use of energy, or (2) clean renewable distributed  
            generation equipment for use in state buildings or  
            facilities,
           provides that state energy projects may be exempted from  
            the capital outlay process, and advertising and  
            competitive bidding requirements, as specified,
           requires the Energy Commission (EC) to adopt efficiency  
            standards for outdoor lighting, as specified, 
           requires the Public Utilities Commission (PUC) and the EC  
            to (1) develop cost-effectiveness criteria for the  
            programs funded, (2) establish limitations on  
            administrative costs to "ensure that the maximum feasible  
            amount of funds are used for direct and measurable energy  
            conservation, peak load reduction, and energy efficiency  
            by the earliest date", (3) establish matching criteria,  
            (4) within six months, contract for an audit of  
            expenditures and their effectiveness in achieving a  
            reduction in peak energy demand,
           authorizes the PUC and Energy Commission to shift funds  
            among program categories in order to achieve the purposes  
            of the bill,
           provides that any funds unencumbered by January 1, 2005  
            shall revert to the General Fund, and
           makes related changes.

          According to the author's staff, the appropriations are  
          intended to be one-time.  
          AB 970 (Ducheny, Ch. 329, St. of 2000), among other things,  
          appropriated $50 million to the Energy Commission to  
          implement energy conservation programs.  Apparently those  
          funds have been depleted.  This bill significantly expands  
          some of the programs established by AB 970 and creates new  
          ones.  STAFF NOTES that (1) it is unclear what criteria was  
          used to select the programs to be funded by this bill, (2)  
          the language of the bill regarding the how funds are to be  
          expended and for what purpose is broad, (3) it is unclear  
          why some allocations are tied to specific peak demand  
          reductions (# of megawatts) and some are not, and (4)  
          although the PUC and the EC would be required to report to  
          the Legislature, there is no single agency or entity  
          responsible for collectively reporting the effectiveness of  
          the programs in reducing peak demand by 2,585 megawatts.  











          To the extent that the programs are successful in reducing  
          peak electricity demand of state agencies, there are  
          unknown energy cost savings.                 

          STAFF RECOMMENDS AMENDMENTS TO:
          
          (1)reduce the amount of the appropriation/allocations to  
            first-year funding only and provide that subsequent years  
            be funded in the annual Budget Act, 
          (2)specify the recipient of the $50 million appropriation  
            on page 17, lines 34-38, and define "energy efficient  
            programs", 
          (3)require that at least 85% of the moneys, where  
            appropriate, be used for measures that directly reduce  
            megawatt usage,     
          (4)require the PUC and the EC to provide a copy of the  
            cost-effectiveness criteria established, pursuant to the  
            bill, to the Legislature and the Governor within ten days  
            of development, 
          (5)require the PUC and the EC to submit the audits to the  
            Legislature and the Governor not later than one year  
            after the effective date of this bill,
          (6)cap administrative costs at not more than 2 1/2% of the  
            amounts appropriated, 
          (7)on page 6, line 26, strike "and may be funded through  
            any authorized" and strike line 27,
          (8)include a due date for the Department of Corrections to  
            report to the Legislature and the Governor, and 
          (9)require each state agency receiving funds to report  
            annually to the Legislature and the Governor, on  
            expenditures, activities, and the effectiveness of such  
            expenditures in achieving the specified goals of the  
            bill.




          

          


                                            













                           SB5X (Sher) Appropriation Breakdown

          

          (1)$353 million to the PUC in order to reduce peak electricity  
            demand and meet urgent needs of low-income households, to be  
            allocated to electric and gas electrical corporations as follows:

             (a)                                          Residential  
               high-efficiency HVAC and appliances                $ 66,000,000
             (b)                                CARE (low-income) program  
               expansion   100,000,000
             (c)                                     Weatherization for  
               low-income households                                  
               20,000,000
             (d)                                     Pump/motor retrofits for  
               oil/gas producers                                      
               20,000,000
             (e)                      High-efficiency lighting   100,000,000
             (f)                                          Demand-responsive  
               and energy efficient technologies in
                      buildings owned or operated by cities or counties     
          15,000,000
             (g)                                          High-efficiency  
               nonresidential buildings construction                  
                32,000,000  
           
           PUC TOTAL                                              $353,000,000

          (1)$404.5 million to the Energy Commission in order to reduce peak  
            electricity demand, to be allocated as follows:

             (a)  $27 million to locally owned public utilities for the  
               following:

                (1)     Residential high-efficiency air conditioning and
                            appliances                           $  20,200,000
                (2)     High-efficiency lighting in commercial buildings        
                                  6,800,000

             (a)  Improve demand-responsiveness in HVAC, lighting, and          
                 70,000,000
               advanced metering of energy usage
                (c) Lower air conditioning usage in schools, hospitals, etc.    
          50,000,000










                (d) Third party peak demand reduction in public utilities'  
          service
                     areas                                               
          60,000,000
                (e) Reduce peak load in agricultural sector                     
                          50,000,000
                (f)  Light-emitting diode (LED) traffic signals                 
                14,500,000
                (g) Reduce peak usage of water/wastewater treatment systems     
          64,000,000
                (h) Demand-responsiveness and energy-efficient technologies     
             
                      in buildings owned or operated by cities or counties      
                      15,000,000
                (i)  Teach school children about energy efficiency              
                          7,000,000
                (j)  Retrofit distributed generation of municipal water  
          districts,
               as specified                                                     
                                            20,000,000
                (k) Fund 16 personnel years                                     
                                    1,400,000
                (l)  Fund four personnel years to provide accurate and timely
                      assessments of electricity and natural gas markets        
                          600,000
               (m) Loans to schools for energy conservation measures            
                 25,000,000
           
          EC TOTAL                                               $404,500,000
                
          (1)  $10 million to the Department of Consumer Affairs for 
          a public awareness campaign to reduce demand $ 10,000,000

          (2)  $24 million to the Department of Corrections to retrofit 
          generation units to improve environmental performance $ 24,000,000

          (3)  $50 million to the Department of General Services to$  
          50,000,000
          implement state energy projects, as specified  

          (4)  $120 million to the Department of Community  
          Services$120,000,000 
          and Development to supplement or expand the Low Income
          Home Energy Assistance Program 

           (5)$50 million to _____  to reduce demand by 120 megawatts,










          for energy efficiency programs in state buildings and community
          colleges                                          $ 50,000,000

           (6)$15 million to the Department of Transportation from the
          State Highway Account to initiate energy audits and conservation
          projects                                          $ 15,000,000

          OTHER TOTAL                                             $269,000,000  



          TOTAL                                                   
          $1,026,500,000