BILL NUMBER: AB 234AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 18, 2009 AMENDED IN ASSEMBLY MAY 6, 2009 AMENDED IN ASSEMBLY APRIL 23, 2009 AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Huffman FEBRUARY 5, 2009 An act to add Chapter 5.6 (commencing with Section 25460) to Division 15 of the Public Resources Code, relating to energy , and declaring the urgency therefor, to take effect immediately . LEGISLATIVE COUNSEL'S DIGEST AB 234, as amended, Huffman. Energy: water use and energy efficiency projects: federal stimulus funds. Existing law establishes various programs to provide financial assistance to public and private entities to improve their energy efficiency. This bill would require the State Energy Resources Conservation and Development Commission, as a part of the implementation of funding received under the federal American Recovery and Reinvestment Act of 2009 pursuant the federal State Energy Program and the federal Energy Efficiency and Conservation Block Grant Program, to coordinate with the Department of Water Resources and the State Water Resources Control Board to identify opportunities to fund energy efficiency actions that also may result in reduced water use. The bill would impose requirements for the commission's guidelines for disbursement of the federal stimulus funds. The bill would require that water and energy efficiency programs and projects proceed only to the extent they do not impair the commission's ability to meet the federal deadlines for expenditure of federal stimulus funds provided by the act pursuant to the 2 specified federal programs. This bill would declare that it is to take effect immediately as an urgency statute. Vote:majority2/3 . Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 5.6 (commencing with Section 25460) is added to Division 15 of the Public Resources Code, to read: CHAPTER 5.6. WATER USE AND ENERGY EFFICIENCY ASSISTANCE 25460. The Legislature finds and declares all of the following: (a) The commission is expected to receive hundreds of millions of dollars from the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) for energy related activities including energy efficiency programs and projects. (b) Water use requires significant amounts of energy. Approximately one-fifth of the electricity and one-third of the nonpower plant natural gas consumed in the state are associated with water delivery, treatment, and use. (c) Greenhouse gas emissions can be reduced if we move, treat, and use water more efficiently. (d) The Public Utilities Commission and the commission have researched the energy saving potential associated with water use efficiency programs. 25460.5. For the purposes of this chapter, the following terms have the following meaning: (a) "Federal stimulus funds" means moneys received by the state under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), pursuant to the federal State Energy Program and the federal Energy Efficiency and Conservation Block Grant Program. (b) "Local water supplier" means a local retail or wholesale public agency or private company supplying or storing water, or a mutual water company. 25461. (a) The Legislature, by enacting this chapter, intends to establish guidance for implementation of federal stimulus funds, in order to maximize the benefits and encourage the integration of water and energy efficiency programs. (b) As part of the administration of the federal stimulus funds received by the commission, the commission shall coordinate with the Department of Water Resources and the State Water Resources Control Board to identify opportunities to fund energy efficiency actions that also may result in reduced water use. Coordination may include, but is not limited to, sharing information on areas to target, prioritizing actions, and advising on implementation. (c) To the extent authorized by federal law, the commission's guidelines for disbursement of the federal stimulus funds shall do all of the following: (1) Include both of the following as eligible projects: (A) Water use efficiency and water recycling projects that also provide energy savings. These projects may include, but shall not be limited to, appliance and toilet retrofit and installation of recycled water pipes for commercial, institutional, or industrial water sectors. (B) Job training programs, including, but not limited to, water and energy efficiency training for plumbers. (2) Include in the calculation of energy savings for water use efficiency and recycling projects, the energy savings associated with the reduced treatment, reduced distribution and pumping, and reduced urban or agricultural use of water. (3) Provide opportunities for water and energy efficiency projects to be cost-shared with local water suppliers. (4) Include local water suppliers as eligible applicants. (d) Water and energy efficiency programs and projects shall proceed only to the extent they do not impair the commission's ability to meet the federal deadlines for expenditure of federal stimulus funds. (e) This section applies only to federal stimulus funds received under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), pursuant to the federal State Energy Program and the federal Energy Efficiency and Conservation Block Grant Program. 25462. This chapter does not imply that spending energy efficiency funds on water efficiency programs should be done with nonstimulus, ratepayer funds. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: To expedite the use of federal stimulus funds received under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) pursuant to the federal State Energy Program and the federal Energy Efficiency and Conservation Block Grant Program for energy efficiency actions that also may result in reduced water use, and to maximize the benefits and encourage the integration of water and energy efficiency programs for the protection of the public health, safety, and the environment, it is necessary for this measure to take effect immediately.