BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 5 X1
                                                                  Page  1

          Date of Hearing:   April 3, 2001

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                              Carole Migden, Chairwoman

                     SB 5 X1 (Sher) - As Amended:  April 2, 2001 

          Policy Committee:                              E.C.&A.Vote:16-1

          Urgency:     Yes                  State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill provides a total of $927 million from the General Fund  
          for new and existing energy efficiency programs and for programs  
          to provide assistance to low-income households in paying their  
          energy bills.  Specifically, this bill:

          1)Allocates the funds to the following state agencies: Public  
            Utilities Commission (PUC) $326 million; California Energy  
            Commission (CEC) $405.5 million; Department of Consumer  
            Affairs (DCA) $10 million; Department of General Services  
            (DGS) $50 million; Community Services and Development (DCSD)  
            $120 million; Department of Water Resources (DWR) $15.46  
            million.  

          2)Allocates $240 million of the funds for the following  
            low-income assistance programs:  

             a)   $100 million to augment the existing California  
               Alternate Rates for Energy (CARE) program, which provides  
               discounts on gas and electric bills.  

             b)   $20 million to the PUC to fund weatherization  
               activities.  

             c)   $120 million for the DCSD to implement the a California  
               Low Income Home Energy Assistance Program.  At least $60  
               million of this total would be for weatherization and the  
               remainder for assistance with bill paying.

          3)Includes, in the amount appropriated to the CEC, a total of  
            $87 million to locally-owned public utilities for energy  
            efficiency and low-income assistance.








                                                                  SB 5 X1
                                                                  Page  2


          4)Requires the PUC and CEC to adopt guidelines and  
            cost-effectiveness criteria for the funded energy efficiency  
            programs and limits administrative costs to 2.5 percent of the  
            appropriated amounts.

          5)Requires the state agencies to report to the Legislature  
            quarterly, commencing January 1, 2002, on the activities  
            funded with these appropriations.

          6)Exempts contracts entered into pursuant to the above  
            appropriations from specified statutory provisions relating to  
            consulting, architectural and engineering, and services  
            contracts, advertising for such contracts, and DGS approval of  
            contracts.

          7)Sunsets all of the above provisions on January 1, 2005.  On  
            that date any unencumbered funds would revert to the General  
            Fund.

          8)Shortens the period for legislative review of energy services  
            contracts proposed by DGS from 45 days to 15 days.

          9)Exempts state energy projects from competitive bidding  
            requirements at the discretion of the Director of General  
            Services.  (State energy projects are defined as equipment and  
            measures that reduce energy consumption in state buildings and  
            community college buildings.)

          10)Exempt state energy projects from the state capital outlay  
            process at the discretion of the Department of Finance.

          11)Sunsets the exemptions in (9) and (10) on June 30, 2003.

           FISCAL EFFECT  

          One-time General Fund appropriation of $927 million.

           COMMENTS  

           1)Energy Efficiency  .  The electric restructuring statutes  
            provided for substantial funding of energy efficiency programs  
            through a non-bypassable surcharge on electric bills.  Last  
            year AB 995 (Wright), Chapter 1051, Statutes of 2000, and SB  
            1194  (Sher), Chapter 1050, Statutes of 2000, extended that  








                                                                  SB 5 X1
                                                                  Page  3

            surcharge for 10 years.  The energy efficiency portion of the  
            surcharge is less than 1% of each customer's bill and the  
            money derived from the surcharge pays for energy efficiency  
            programs administered by PUC and delivered by the  
            investor-owned utilities.  Last year, the Legislature also  
            approved AB 970 (Ducheny), Chapter 329, Statutes of 2000,  
            which authorized $50 million for a variety of energy  
            efficiency programs.  Those funds have been committed to six  
            types of projects specified in the legislation.  SB 5X  
            provides General Fund monies to supplement both the PUC and  
            CEC programs and includes funding for efficiency measures in  
            state and local government buildings. 

           2)Low-Income Assistance  .  Current law establishes a low income  
            energy assistance program for electric and natural gas service  
            customers of the IOUs known as CARE which is funded by a  
            surcharge on energy bills.  The CARE program includes both  
            discounts on the electric and natural gas bill, as well as a  
            residential weatherization program. The recent 40% rate  
            increase ordered by CPUC for electrical corporations and the  
            recent increases in natural gas prices in California make it  
            more important to ensure that enrollment in the CARE program  
            is expanded.  The $100 million allocation in SB 5 X1 could  
            help finance additional outreach as well as supplement  
            existing assistance. 

            SB 5X also appropriates $120 million to DCSD to increase  
            energy conservation and reduce demand for energy pursuant to a  
            state Low Income Home Energy Assistance Program (LIHEAP).   
            This would complement the existing federally-funded LIHEAP to  
            assist customers in coping with high energy costs by providing  
            for weatherization services.  Cash assistance payments.   
            Eligibility for California LIHEAP is to include households  
            with incomes not exceeding the greater of 60% of the state  
            median income or 80% of the county median income.  Under the  
            measure's specification DCSD is to examine the penetration of  
            other energy programs, including federal LIHEAP and utility  
            company programs, and identify the adequacy of services to  
            elderly, disabled, limited English speaking persons and  
            migrant farm workers and households with very young children.   
            The program allows up to 15% for outreach and training for  
            consumers.  At least 50% of the funds must be used for  
            weatherization and cash assistance is to be maximized by  
            allowing the state funds to be used as a supplement to federal  
            LIHEAP payments.  








                                                                  SB 5 X1
                                                                  Page  4


           3)Municipal Utilities  .  The bill provides $87 million to the CEC  
            for distribution to the state's municipal utilities for energy  
            efficiency and low-income assistance efforts analagous to the  
            those fund through the PUC.  This is in recognition that these  
            state taxpayers dollars should be available to all utility  
            customers and not just those served by the IOUs.

           4)Amendments  .  The following amendments are recommended:

             a)   Reduce the total funding to $710.3 million, as shown on  
               the attached chart.  Generally the funding changes include  
               (1) eliminating overlap with AB 29X-the other major energy  
               conservation legislation (2) matching funding levels to a  
               shorter implementation period of summer and fall 2001; and  
               (3) increasing funding for agriculture-related programs by  
               $35 million.

             b)   Clarifying that funding provided for the CARE program is  
               to supplement, not supplant existing CARE funding, allow  
               only up to 20 percent of funds for increasing enrollment,  
               and place priority for funding on assisting eligible  
               customers that have payment arrangements or overdue  
               notices.

             c)   Allow the Department of Consumer Affairs an exemption  
               from state services contracting procedures until November  
               1, 2001.  This will allow the department to engage a  
               contract in time to commence it's media campaign for the  
               summer.

             d)   Make all funding, except for CARE and LIHEAP, and the  
               contracting exemptions in Sections 5 and 6 of the bill,  
               operative only until March 31, 2002.  Any funds  
               unencumbered by that time will revert to the General Fund  
               and be available for consideration during next year's  
               budget process.

             e)   Add provisions requiring the PUC to include the  
               following in their interruptible/curtailment programs:   
               allowing aggregation of agricultural customers to meet  
               minimum kilowatt requirements for participation, and  
               limiting curtailments for agricultural customers to 4 hours  
               per day and 20 hours per month.









                                                                  SB 5 X1
                                                                  Page  5

             f)   Require the Department of Finance to report quarterly to  
               the Legislature, commencing October 1, 2001, on any state  
               energy projects exempted from the state capital outlay  
               process or the advertising and competitive bidding  
               requirements of the Public Contract Code and change the  
               sunset date on those exemptions to January 1, 2003.

             g)   Making the community colleges ineligible for the  
               low-energy usage building materials program if funding for  
               community college energy efficiency projects is enacted in  
               AB 29X.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916)319-2081