Bill Text: CA SB338 | 2009-2010 | Regular Session | Amended
Bill Title: Energy: California Alternative Energy and Advanced
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB338 Detail]
Download: California-2009-SB338-Amended.html
BILL NUMBER: SB 338 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Alquist
FEBRUARY 25, 2009
An act to amend Sections 26001, 26002, and 26003 of the Public
Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
SB 338, as amended, Alquist. Energy: California Alternative Energy
and Advanced Transportation Financing Authority.
The California Alternative Energy and Advanced Transportation
Financing Authority Act creates the Alternative Energy and Advanced
Transportation Financing Authority and requires the authority to
establish a renewable energy program to provide financial assistance
to specified entities to generate new and renewable energy sources,
develop clean and efficient distributed generation, and demonstrate
the economic feasibility of new technologies. The act defines
"cost," "project," and "revenue" "project"
for the purposes of the act to include specified property
and activities that utilize or are designed to utilize an alternative
source, or that are utilized for the design, technology transfer,
manufacture, production, assembly, distribution, or
service of advanced transportation technologies .
This bill would additionally define "project" to include
apply to specified property and activities that are
utilized for the design, technology transfer, manufacture,
production, assembly, distribution, or service of renewable energy
technologies, renewable energy projects, and renewable energy
manufacturing service of renewable energy technologies ,
renewable energy projects, and renewable energy manufacturing ,
and would make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 26001 of the Public Resources Code is amended
to read:
26001. The Legislature hereby finds and declares all of the
following:
(a) It is essential that the state, in cooperation with the
federal government, use all practical and commercially feasible means
to promote the prompt and efficient development of energy sources
that are renewable or that more efficiently utilize and conserve
scarce energy resources.
(b) The promotion of energy sources that reduce the degradation of
the environment and that protect the health, welfare, and safety of
the people of this state is in the public interest and serves a
public purpose.
(c) It is essential that the state, in cooperation with the
federal government, use all practical and commercially feasible means
to promote the development and commercialization of advanced
transportation technologies and the manufacturing of renewable
technology to conserve energy, reduce air pollution, promote economic
development and jobs, and protect the health, welfare, and safety of
the people of the state.
SEC. 2. Section 26002 of the Public Resources Code is amended to
read:
26002. (a) It is the purpose of this division to carry out and
make effective the findings of the Legislature pursuant to Sections
25004, 25004.2, 25004.3, 25007, and 26001, and to that end to provide
industry within this state with an alternative method of financing
in providing and promoting the establishment of both of the
following:
(1) Facilities utilizing alternative methods and sources of
energy.
(2) Facilities needed for the development and commercialization of
advanced transportation technologies and renewable energy
technologies.
(b) The Legislature hereby finds and declares that the facilities
specified in subdivision (a) are necessary to meet the energy and
transportation needs of this state and to guarantee the health and
welfare of the citizens of this state.
SEC. 3. Section 26003 of the Public Resources Code is amended to
read:
26003. As used in this division, unless the context otherwise
requires:
(a) "Authority" means the California Alternative Energy and
Advanced Transportation Financing Authority established pursuant to
Section 26004, and any board, commission, department, or officer
succeeding to the functions of the authority, or to which the powers
conferred upon the authority by this division shall be given.
(b) "Cost" as applied to a project or portion thereof financed
under this division means all or part of the cost of construction and
acquisition of all lands, structures, real or personal property or
an interest therein and in rights, rights-of-way, franchises,
easements, and interests acquired or used for a project; the cost of
demolishing or removing any buildings or structures on land so
acquired, including the cost of acquiring any lands to which those
buildings or structures may be moved; the cost of all machinery,
equipment, and furnishings, financing charges, interest prior to,
during, and for a period after, completion of construction as
determined by the authority; the cost of the purchase or sale of
energy derived from an alternative source pursuant to subdivision (g)
of Section 26011; provisions for working capital; reserves for
principal and interest and for extensions, enlargements, additions,
replacements, renovations, and improvements; the cost of
architectural, engineering, financial, accounting, auditing and legal
services, plans, specifications, estimates, administrative expenses,
and other expenses necessary or incident to determining the
feasibility of constructing any project or incident to the
construction, acquisition, or financing of a project.
(c) (1) "Alternative sources" means the application of
cogeneration technology, as defined in Section 25134; the
conservation of energy; or the use of solar, biomass, wind,
geothermal, hydroelectricity under 30 megawatts, or any other source
of energy, the efficient use of which will reduce the use of fossil
and nuclear fuels, and is intended primarily to offset part or all of
the customer's own electrical requirements.
(2) "Alternative sources" does not include a hydroelectric
facility that does not meet state laws pertaining to the control,
appropriation, use, and distribution of water, including, but not
limited to, the obtaining of applicable licenses and permits.
(d) "Advanced transportation technologies" means emerging
commercially competitive transportation-related technologies
identified by the authority as capable of creating long-term, high
value-added jobs for Californians while enhancing the state's
commitment to energy conservation, pollution reduction, and
transportation efficiency. Those technologies may include, but are
not limited to, any of the following:
(1) Intelligent vehicle highway systems.
(2) Advanced telecommunications for transportation.
(3) Command, control, and communications for public transit
vehicles and systems.
(4) Electric vehicles and ultralow-emission vehicles.
(5) High-speed rail and magnetic levitation passenger systems.
(6) Fuel cells.
(e) "Financial assistance" includes, but is not limited to,
either, or any combination, of the following:
(1) Loans, loan loss reserves, interest rate reductions, proceeds
of bonds issued by the authority, insurance, guarantees or other
credit enhancements or liquidity facilities, contributions of money,
property, labor, or other items of value, or any combination thereof,
as determined by, and approved by the resolution of, the authority.
(2) Any other type of assistance the authority determines is
appropriate.
(f) "Participating party" means either of the following:
(1) A person or an entity or group of entities engaged in business
or operations in the state, whether organized for profit or not for
profit, that does either of the following:
(A) Applies for financial assistance from the authority for the
purpose of implementing a project in a manner prescribed by the
authority.
(B) Participates in the purchase or sale of energy derived from an
alternative source pursuant to subdivision (g) of Section 26011.
(2) A public agency or nonprofit corporation that does either of
the following:
(A) Applies for financial assistance from the authority for the
purpose of implementing a project in a manner prescribed by the
authority.
(B) Participates in the purchase or sale of energy derived from an
alternative source pursuant to subdivision (g) of Section 26011.
(g) "Project" means a land, building, improvement to the land or
building, rehabilitation, work, property, or structure, real or
personal, stationary or mobile, including, but not limited to,
machinery and equipment, whether or not in existence or under
construction, that utilizes, or is designed to utilize, an
alternative source, or that is utilized for the design, technology
transfer, manufacture, production, assembly, distribution, or service
of advanced transportation technologies or renewable energy
technologies technologies and renewable energy
projects , or an arrangement for the purchase, including
prepayment, or sale of energy derived from an alternative source
pursuant to subdivision (g) of Section 26011.
(h) "Public agency" means a federal or state agency, department,
board, authority, state or community college, university, or
commission, or a county, city and county, city, regional agency,
public district, school district, or other political entity.
(i) (1) "Renewable energy" means a device or technology that
conserves or produces heat, processes heat, space heating, water
heating, steam, space cooling, refrigeration, mechanical energy,
electricity, or energy in any form convertible to these uses, that
does not expend or use conventional energy fuels, and that uses any
of the following electrical generation technologies:
(A) Biomass.
(B) Solar thermal.
(C) Photovoltaic.
(D) Wind.
(E) Geothermal.
(2) For purposes of this subdivision, "conventional energy fuel"
means any fuel derived from petroleum deposits, including, but not
limited to, oil, heating oil, gasoline, fuel oil, or natural gas,
including liquefied natural gas, or nuclear fissionable materials.
(3) Notwithstanding paragraph (1), for purposes of this section,
"renewable energy" also means ultralow-emission equipment for energy
generation based on thermal energy systems such as natural gas
turbines and fuel cells.
(j) "Revenue" means all rents, receipts, purchase payments, loan
repayments, and all other income or receipts derived by the authority
from a project, or the sale, lease, or other disposition of
alternative source or advanced transportation technology facilities,
or the making of loans to finance alternative source or advanced
transportation technology facilities or renewable energy
technologies, and any income or revenue derived from the investment
of money in any fund or account of the authority.
