BILL NUMBER: AB 1383 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 16, 2005
AMENDED IN ASSEMBLY MAY 2, 2005
AMENDED IN ASSEMBLY APRIL 18, 2005
AMENDED IN ASSEMBLY APRIL 6, 2005
INTRODUCED BY Assembly Member Pavley
(Coauthors: Assembly Members Hancock, Jerome Horton, Levine,
Mullin, Salinas, and Torrico)
FEBRUARY 22, 2005
An act to add and repeal Chapter 5.6 (commencing with
Section 25460) of Division 15 of the Public Resources Code, and to
add and repeal Section 379.9 of the Public Utilities Code, relating
to energy. An act to amend Section 25401.6 of the
Public Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1383, as amended, Pavley. Solar energy: Low-Income
Housing Development Revolving Loan Program.
Electricity: distributed emerging technologies: rebates.
(1) Existing law
establishes various revolving loan programs to provide loans for
specified purposes, including recycling market development and
renewable energy resources. Existing law requires the State
Energy Resources Conservation and Development Commission (Energy
Commission) to transfer funds collected for in-state operation and
development of existing and new and emerging renewable resources
technologies into the Renewable Resource Trust Fund. Existing
law requires that 17.5% of the funds collected to accomplish the
funding of in-state operation and development of existing, new, and
emerging renewable resources technologies be used for a multiyear,
consumer-based program to foster the development of
emerging renewable technologies in distributed generation
applications by providing monetary rebates, buydowns, or equivalent
incentives. Existing law requires the Energy Commission to establish
a separate rebate for eligible distributed emerging technologies for
affordable housing projects, and authorizes the Energy Commission to
adjust the amount of the rebate based on the capacity of the system,
if the commission determines the occupants should have individual
meters, but allows the system to receive a rebate of the total
installed costs.
This bill would establish, until January 1, 2016, the Low-Income
Housing Development Revolving Loan Program to subsidize the financing
gap for distributed solar energy systems, as defined, in low-income
housing units. The bill would create the Low-Income Housing
Development Revolving Loan Fund (revolving loan fund) for the purpose
of providing loans for program purposes.
This bill would instead allow the rebate received for the system
to be up to the total cost.
The bill would require the Energy Commission to take various
actions to establish the program upon the appropriation of money in
the fund for that purpose in the annual Budget Act.
(2) Under existing law, the Public Utilities Commission (PUC) has
regulatory authority over public utilities, including electrical
corporations.
This bill would require the PUC, in consultation with the Energy
Commission, on or before July 1, 2006, to issue an order initiating
an investigation and opening a ratemaking proceeding, or expanding
the scope of an existing proceeding, to adopt and implement a program
to invest in low-income residential housing solar energy systems
pursuant to the program established by the bill, as provided.
The bill would require the Energy Commission to identify funds
that are available in the current fiscal year in the Renewable
Resource Trust Fund or in the next fiscal year, for transfer to the
revolving loan fund for the program, if funds are not made available
through the PUC ratemaking proceeding and if the Energy Commission
makes specified determinations regarding those funds.
The bill would require the funds generated as a result of the
ratemaking proceeding or so identified by the Energy Commission to be
transferred to the revolving loan fund.
The bill would repeal these provisions on January 1, 2016.
(3) Existing law makes a violation of the Public Utilities Act or
a violation of an order of the PUC a crime.
Because a provision of this bill would be part of the act and an
order of the PUC would be required to implement that provision, and a
violation of the provision of the bill that is part of the act or of
any PUC order implementing that provision would be a crime, this
bill would impose a state-mandated local program by creating new
crimes.
(4) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25401.6 of the
Public Resources Code is amended to read:
25401.6.
(a) In its administration of Section 25744, the commission shall
establish a separate rebate for eligible distributed emerging
technologies for affordable housing projects including, but not
limited to, projects undertaken pursuant to Section 50052.5, 50053,
or 50199.4 of the Health and Safety Code. In establishing the rebate,
where the commission determines that the occupants of the housing
shall have individual meters, the commission may adjust the amount of
the rebate based on the capacity of the system, provided that a
system may receive a rebate only up to 75 percent of
not exceeding the total installed costs. The
commission may establish a reasonable limit on the total amount of
funds dedicated for purposes of this section.
(b) It is the intent of the Legislature that this section fulfills
the purpose of paragraph (5) of subdivision (b) of Section 25744.
All matter omitted in this version of the bill appears in the bill
as amended in Assembly, May 2, 2005 (JR11)