BILL ANALYSIS AB 653 Page 1 GOVERNOR'S VETO AB 653 (Nunez) As Amended January 7, 2004 2/3 vote ----------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 29, 2003) |SENATE: |24-11|(August 19, | | | | | | |2004) | ----------------------------------------------------------------- ----------------------------------------------------------------- |ASSEMBLY: |52-27|(August 26, | | | | | | |2004) | | | | ----------------------------------------------------------------- Original Committee Reference: B. & P. SUMMARY : Repeals the sunset date and expands eligibility requirements for bonding authority related to the State Public Works Board's (PWB) "Energy Conservation in Public Buildings Program" (Program). Specifically, this bill : 1)Expands the Program's eligibility to include projects that combine conservation and alternative energy equipment. 2)Requires PWB, in determining whether to issue funding, to evaluate each proposed project in its entirety and analyze the costs and financial and energy savings over the full life of the project. 3)Authorizes PWB to consider any additional value added by associated product warranties when analyzing a project. 4)Repeals the sunset date of the Program's bonding authority, making it permanent. 5)Makes related definitional clarifications. The Senate amendments : AB 653 Page 2 1)Eliminate the sunset date altogether, thereby making this authority permanent. 2)Authorize PWB to consider any additional value added by associated product warranties when analyzing a project. FISCAL EFFECT : Unknown AS PASSED BY THE ASSEMBLY , this bill extended the sunset date and expanded eligibility requirements for bonding authority related to the Program. COMMENTS : This bill is intended to extend the life of the Program by expanding its eligibility requirements and making its statutory authorization permanent. The original Program was created in 1982 and provided bonding authority to PWB for up to $500 million to finance the cost of conservation or alternative energy projects in state buildings. According to the sponsor, the Planning and Conservation League, the Program still has approximately $235 million available for projects. By expanding Program eligibility and eliminating the sunset date, it will be easier to use the remaining bonding authority for environmentally friendly projects on state property. Without a change to the sunset date (currently 2005), the Department of General Services will stop approving future projects under the Program this year because of "the significant lead time for development and bond sales" required. GOVERNOR'S VETO MESSAGE : "This bill repeals the January 1, 2005 sunset date of the Energy Efficiency Revenue Bond Program, making the authority to issue revenue bonds permanent. Although I strongly support energy efficiency, I am concerned that this program has not been working effectively over the last few years. I have been recently informed that bond sales from this program have been suspended due to technical flaws with the authorizing statute. Therefore, we should allow this program to sunset and craft another program that addresses these structural challenges." AB 653 Page 3 Analysis Prepared by : Pablo Garza / B. & P. / (916) 319-3301 FN: 0009300