BILL ANALYSIS 1 1 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE DEBRA BOWEN, CHAIRWOMAN AB 2705 - Committee on Agriculture Hearing Date: June 27, 2000 A As Amended: April 4, 2000 FISCAL B 2 7 0 5 DESCRIPTION Current law permits the California Department of Food & Agriculture (CDFA) to operate a Renewable Resource Energy Agricultural Account to develop agriculture-related energy technology. Current law authorizes the California Energy Commission (CEC) to operate the Agricultural Industry Energy Assistance Program (AIEP). This bill codifies the CEC program and requires all funds from loan repayments under the AIEP to be deposited into the CEC's existing Energy Technologies Research, Development and Demonstration Account. This bill permits money in the account to be available for loans and technical assistance as prescribed in the program. BACKGROUND The Agricultural Industry Energy Program (AIEP) was created in 1987 and was funded with $3 million from the Petroleum Violation Escrow Account (PVEA). The goal of the program was to create a revolving loan fund to pay for equipment and services for agriculture energy conservation and development demonstration projects. The AIEP provides for a repayment period of not more than seven years at a rate that is not less than 2% below the rate earned by moneys in the Pooled Money Investment Account. Since its inception, the Agricultural Industry Energy Program has issued over 110 loans in the amount of $6.2 million to fund various energy efficiency projects related to agriculture. According to the CEC, applicants often repay the loans within the seven-year deadline and the program has had no defaults. QUESTIONS 1.What is the purpose of codifying an existing program and does this program duplicate any other program in statute ? 2.How does the Pooled Money Investment Account rate compare to other financial rates of return? 3.Is the provision of the bill allowing up to 20% of the fund to be set aside for technical assistance appropriate? COMMENTS 1)Codifying The Uncodified . Because there isn't a fund account for the AIEP, loan re-payments under the loan program go directly into the PVEA account. The CEC then has to go through the budget change proposal process each year to request money from the PVEA account in order to have money to make new loans under the AIEP. By codifying the Energy Technologies Research, Development and Demonstration Account, this bill allows AIEP loan repayments to go directly to the CEC and will allow them to loan money for new projects without have to get money from the PVEA account. 2)The Pooled Money Investment Account Rate . Loans under the AIEP have been issued at a rate that's not less than 2% below the rate earned by the Pooled Money Investment Account (PMIA). The PMIA rate for the fiscal year 1998/99 was 5.68%, compared to the recent prime rate of 9.5%. 3)Should Money Be Set Aside For "Technical Assistance?" This bill permits up to 20% of the money in the Energy Technologies Research, Development and Demonstration Account to be set aside for "technical assistance." According to the CEC, this will pay for it to be able to monitor many of the programs that it loans money to help establish. That monitoring will allow the CEC to share the information it garners from successful programs with others who could benefit from a similar program, thus saving more energy and reducing costs. However, the author and the Committee may wish to consider whether the 20% ceiling proposed by this bill is too high and whether it should be lowered to ensure that more money gets out the door to fund actual programs. 4)Does This Duplicate An Existing CDFA Program? Public Resources Code Section 25615 establishes an energy conservation, renewable resource, and solar energy technologies assistance program in agriculture to be managed by CDFA. The assistance program includes state financial incentives including state loans, loan guarantees, and leases and participating agreements to stimulate the development and use of energy conservation, solar applications and renewable resource energy technologies. It also establishes a technical review committee to evaluate applications for financial assistance pursuant to the statute. This program was created in 1980, but according to CDFA, the program is actually defunct and hasn't funded projects for some time. To preclude the possibility that two virtually identical programs may be operated by two different state agencies, the author and the Committee may wish to consider simply deleting the program that exists at CDFA. ASSEMBLY VOTES Assembly Agriculture Committee (9-0) Assembly Utilities & Commerce Committee(8-0) Assembly Appropriations Committee (21-0) Assembly Floor (79-0) POSITIONS Sponsor: California Energy Commission Support: None on file. Oppose: None on file. Anna Ferrera AB 2705 Analysis Hearing Date: June 27, 2000