California 2023-2024 Regular Session

California Senate Bill SB746 Compare Versions

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1-Senate Bill No. 746 CHAPTER 410An act to add Section 4217.19 to the Government Code, relating to public contracts. [ Approved by Governor October 07, 2023. Filed with Secretary of State October 07, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 746, Eggman. Energy conservation contracts: alternate energy equipment: green hydrogen: Tri-Valley-San Joaquin Valley Regional Rail Authority.Under existing law, a public agency, as defined, may enter into specified energy conservation contracts, including into contracts for the sale of electricity, electrical generating capacity, or thermal energy produced by the energy conservation facility, as defined, at such rates and on such terms as are approved by its governing body.Existing law authorizes a public agency to enter into an energy service contract and related facility ground lease if the governing body finds, among other things, that the anticipated cost to the public agency for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the agency of thermal, electrical, or other energy that would have been consumed by the public agency in the absence of those purchases.Existing law additionally authorizes a public agency to enter into a facility financing contract and a facility ground lease upon meeting certain requirements and finding that funds for the repayment of the financing or other specified contract costs are projected to be available from revenues resulting from sales of electricity or thermal energy from the facility or other sources.Existing law authorizes a public agency to enter into contracts for the sale of electricity, electrical generating capacity, or thermal energy produced by the energy conservation facility at such rates and terms as are approved by its governing body.This bill would authorize the Tri-Valley-San Joaquin Valley Regional Rail Authority, in addition to its authority to enter into contracts described above, to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources relating to green electrolytic hydrogen, as defined, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.This bill would make legislative findings and declarations as to the necessity of a special statute for the Tri-Valley-San Joaquin Valley Regional Rail Authority.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4217.19 is added to the Government Code, immediately following Section 4217.18, to read:4217.19. The Tri-Valley-San Joaquin Valley Regional Rail Authority, as established in Chapter 8 (commencing with Section 132651) of Division 12.7 of the Public Utilities Code, in addition to the authority to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources, as specified in Sections 4217.12 to 4217.14, inclusive, may enter into energy service contracts, facility financing contracts, and contracts for the sale of energy resources relating to green electrolytic hydrogen, as that term is defined in Section 400.2 of the Public Utilities Code, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the Valley Link project, and the potential concerns if the exceptions made applicable to this specific project were expanded statewide.
1+Enrolled September 11, 2023 Passed IN Senate September 07, 2023 Passed IN Assembly August 31, 2023 Amended IN Assembly June 15, 2023 Amended IN Senate April 10, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 746Introduced by Senator Eggman(Coauthor: Assembly Member Bauer-Kahan)February 17, 2023An act to add Section 4217.19 to the Government Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGESTSB 746, Eggman. Energy conservation contracts: alternate energy equipment: green hydrogen: Tri-Valley-San Joaquin Valley Regional Rail Authority.Under existing law, a public agency, as defined, may enter into specified energy conservation contracts, including into contracts for the sale of electricity, electrical generating capacity, or thermal energy produced by the energy conservation facility, as defined, at such rates and on such terms as are approved by its governing body.Existing law authorizes a public agency to enter into an energy service contract and related facility ground lease if the governing body finds, among other things, that the anticipated cost to the public agency for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the agency of thermal, electrical, or other energy that would have been consumed by the public agency in the absence of those purchases.Existing law additionally authorizes a public agency to enter into a facility financing contract and a facility ground lease upon meeting certain requirements and finding that funds for the repayment of the financing or other specified contract costs are projected to be available from revenues resulting from sales of electricity or thermal energy from the facility or other sources.Existing law authorizes a public agency to enter into contracts for the sale of electricity, electrical generating capacity, or thermal energy produced by the energy conservation facility at such rates and terms as are approved by its governing body.This bill would authorize the Tri-Valley-San Joaquin Valley Regional Rail Authority, in addition to its authority to enter into contracts described above, to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources relating to green electrolytic hydrogen, as defined, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.This bill would make legislative findings and declarations as to the necessity of a special statute for the Tri-Valley-San Joaquin Valley Regional Rail Authority.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4217.19 is added to the Government Code, immediately following Section 4217.18, to read:4217.19. The Tri-Valley-San Joaquin Valley Regional Rail Authority, as established in Chapter 8 (commencing with Section 132651) of Division 12.7 of the Public Utilities Code, in addition to the authority to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources, as specified in Sections 4217.12 to 4217.14, inclusive, may enter into energy service contracts, facility financing contracts, and contracts for the sale of energy resources relating to green electrolytic hydrogen, as that term is defined in Section 400.2 of the Public Utilities Code, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the Valley Link project, and the potential concerns if the exceptions made applicable to this specific project were expanded statewide.
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3- Senate Bill No. 746 CHAPTER 410An act to add Section 4217.19 to the Government Code, relating to public contracts. [ Approved by Governor October 07, 2023. Filed with Secretary of State October 07, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 746, Eggman. Energy conservation contracts: alternate energy equipment: green hydrogen: Tri-Valley-San Joaquin Valley Regional Rail Authority.Under existing law, a public agency, as defined, may enter into specified energy conservation contracts, including into contracts for the sale of electricity, electrical generating capacity, or thermal energy produced by the energy conservation facility, as defined, at such rates and on such terms as are approved by its governing body.Existing law authorizes a public agency to enter into an energy service contract and related facility ground lease if the governing body finds, among other things, that the anticipated cost to the public agency for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the agency of thermal, electrical, or other energy that would have been consumed by the public agency in the absence of those purchases.Existing law additionally authorizes a public agency to enter into a facility financing contract and a facility ground lease upon meeting certain requirements and finding that funds for the repayment of the financing or other specified contract costs are projected to be available from revenues resulting from sales of electricity or thermal energy from the facility or other sources.Existing law authorizes a public agency to enter into contracts for the sale of electricity, electrical generating capacity, or thermal energy produced by the energy conservation facility at such rates and terms as are approved by its governing body.This bill would authorize the Tri-Valley-San Joaquin Valley Regional Rail Authority, in addition to its authority to enter into contracts described above, to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources relating to green electrolytic hydrogen, as defined, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.This bill would make legislative findings and declarations as to the necessity of a special statute for the Tri-Valley-San Joaquin Valley Regional Rail Authority.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Enrolled September 11, 2023 Passed IN Senate September 07, 2023 Passed IN Assembly August 31, 2023 Amended IN Assembly June 15, 2023 Amended IN Senate April 10, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 746Introduced by Senator Eggman(Coauthor: Assembly Member Bauer-Kahan)February 17, 2023An act to add Section 4217.19 to the Government Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGESTSB 746, Eggman. Energy conservation contracts: alternate energy equipment: green hydrogen: Tri-Valley-San Joaquin Valley Regional Rail Authority.Under existing law, a public agency, as defined, may enter into specified energy conservation contracts, including into contracts for the sale of electricity, electrical generating capacity, or thermal energy produced by the energy conservation facility, as defined, at such rates and on such terms as are approved by its governing body.Existing law authorizes a public agency to enter into an energy service contract and related facility ground lease if the governing body finds, among other things, that the anticipated cost to the public agency for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the agency of thermal, electrical, or other energy that would have been consumed by the public agency in the absence of those purchases.Existing law additionally authorizes a public agency to enter into a facility financing contract and a facility ground lease upon meeting certain requirements and finding that funds for the repayment of the financing or other specified contract costs are projected to be available from revenues resulting from sales of electricity or thermal energy from the facility or other sources.Existing law authorizes a public agency to enter into contracts for the sale of electricity, electrical generating capacity, or thermal energy produced by the energy conservation facility at such rates and terms as are approved by its governing body.This bill would authorize the Tri-Valley-San Joaquin Valley Regional Rail Authority, in addition to its authority to enter into contracts described above, to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources relating to green electrolytic hydrogen, as defined, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.This bill would make legislative findings and declarations as to the necessity of a special statute for the Tri-Valley-San Joaquin Valley Regional Rail Authority.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5- Senate Bill No. 746 CHAPTER 410
5+ Enrolled September 11, 2023 Passed IN Senate September 07, 2023 Passed IN Assembly August 31, 2023 Amended IN Assembly June 15, 2023 Amended IN Senate April 10, 2023 Amended IN Senate March 20, 2023
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7- Senate Bill No. 746
7+Enrolled September 11, 2023
8+Passed IN Senate September 07, 2023
9+Passed IN Assembly August 31, 2023
10+Amended IN Assembly June 15, 2023
11+Amended IN Senate April 10, 2023
12+Amended IN Senate March 20, 2023
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9- CHAPTER 410
14+ CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
15+
16+ Senate Bill
17+
18+No. 746
19+
20+Introduced by Senator Eggman(Coauthor: Assembly Member Bauer-Kahan)February 17, 2023
21+
22+Introduced by Senator Eggman(Coauthor: Assembly Member Bauer-Kahan)
23+February 17, 2023
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1125 An act to add Section 4217.19 to the Government Code, relating to public contracts.
12-
13- [ Approved by Governor October 07, 2023. Filed with Secretary of State October 07, 2023. ]
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1527 LEGISLATIVE COUNSEL'S DIGEST
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1729 ## LEGISLATIVE COUNSEL'S DIGEST
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1931 SB 746, Eggman. Energy conservation contracts: alternate energy equipment: green hydrogen: Tri-Valley-San Joaquin Valley Regional Rail Authority.
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2133 Under existing law, a public agency, as defined, may enter into specified energy conservation contracts, including into contracts for the sale of electricity, electrical generating capacity, or thermal energy produced by the energy conservation facility, as defined, at such rates and on such terms as are approved by its governing body.Existing law authorizes a public agency to enter into an energy service contract and related facility ground lease if the governing body finds, among other things, that the anticipated cost to the public agency for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the agency of thermal, electrical, or other energy that would have been consumed by the public agency in the absence of those purchases.Existing law additionally authorizes a public agency to enter into a facility financing contract and a facility ground lease upon meeting certain requirements and finding that funds for the repayment of the financing or other specified contract costs are projected to be available from revenues resulting from sales of electricity or thermal energy from the facility or other sources.Existing law authorizes a public agency to enter into contracts for the sale of electricity, electrical generating capacity, or thermal energy produced by the energy conservation facility at such rates and terms as are approved by its governing body.This bill would authorize the Tri-Valley-San Joaquin Valley Regional Rail Authority, in addition to its authority to enter into contracts described above, to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources relating to green electrolytic hydrogen, as defined, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.This bill would make legislative findings and declarations as to the necessity of a special statute for the Tri-Valley-San Joaquin Valley Regional Rail Authority.
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2335 Under existing law, a public agency, as defined, may enter into specified energy conservation contracts, including into contracts for the sale of electricity, electrical generating capacity, or thermal energy produced by the energy conservation facility, as defined, at such rates and on such terms as are approved by its governing body.
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2537 Existing law authorizes a public agency to enter into an energy service contract and related facility ground lease if the governing body finds, among other things, that the anticipated cost to the public agency for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the agency of thermal, electrical, or other energy that would have been consumed by the public agency in the absence of those purchases.
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2739 Existing law additionally authorizes a public agency to enter into a facility financing contract and a facility ground lease upon meeting certain requirements and finding that funds for the repayment of the financing or other specified contract costs are projected to be available from revenues resulting from sales of electricity or thermal energy from the facility or other sources.
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2941 Existing law authorizes a public agency to enter into contracts for the sale of electricity, electrical generating capacity, or thermal energy produced by the energy conservation facility at such rates and terms as are approved by its governing body.
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3143 This bill would authorize the Tri-Valley-San Joaquin Valley Regional Rail Authority, in addition to its authority to enter into contracts described above, to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources relating to green electrolytic hydrogen, as defined, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.
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3345 This bill would make legislative findings and declarations as to the necessity of a special statute for the Tri-Valley-San Joaquin Valley Regional Rail Authority.
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3547 ## Digest Key
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3749 ## Bill Text
3850
3951 The people of the State of California do enact as follows:SECTION 1. Section 4217.19 is added to the Government Code, immediately following Section 4217.18, to read:4217.19. The Tri-Valley-San Joaquin Valley Regional Rail Authority, as established in Chapter 8 (commencing with Section 132651) of Division 12.7 of the Public Utilities Code, in addition to the authority to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources, as specified in Sections 4217.12 to 4217.14, inclusive, may enter into energy service contracts, facility financing contracts, and contracts for the sale of energy resources relating to green electrolytic hydrogen, as that term is defined in Section 400.2 of the Public Utilities Code, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the Valley Link project, and the potential concerns if the exceptions made applicable to this specific project were expanded statewide.
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4153 The people of the State of California do enact as follows:
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4355 ## The people of the State of California do enact as follows:
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4557 SECTION 1. Section 4217.19 is added to the Government Code, immediately following Section 4217.18, to read:4217.19. The Tri-Valley-San Joaquin Valley Regional Rail Authority, as established in Chapter 8 (commencing with Section 132651) of Division 12.7 of the Public Utilities Code, in addition to the authority to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources, as specified in Sections 4217.12 to 4217.14, inclusive, may enter into energy service contracts, facility financing contracts, and contracts for the sale of energy resources relating to green electrolytic hydrogen, as that term is defined in Section 400.2 of the Public Utilities Code, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.
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4759 SECTION 1. Section 4217.19 is added to the Government Code, immediately following Section 4217.18, to read:
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4961 ### SECTION 1.
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5163 4217.19. The Tri-Valley-San Joaquin Valley Regional Rail Authority, as established in Chapter 8 (commencing with Section 132651) of Division 12.7 of the Public Utilities Code, in addition to the authority to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources, as specified in Sections 4217.12 to 4217.14, inclusive, may enter into energy service contracts, facility financing contracts, and contracts for the sale of energy resources relating to green electrolytic hydrogen, as that term is defined in Section 400.2 of the Public Utilities Code, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.
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5365 4217.19. The Tri-Valley-San Joaquin Valley Regional Rail Authority, as established in Chapter 8 (commencing with Section 132651) of Division 12.7 of the Public Utilities Code, in addition to the authority to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources, as specified in Sections 4217.12 to 4217.14, inclusive, may enter into energy service contracts, facility financing contracts, and contracts for the sale of energy resources relating to green electrolytic hydrogen, as that term is defined in Section 400.2 of the Public Utilities Code, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.
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5567 4217.19. The Tri-Valley-San Joaquin Valley Regional Rail Authority, as established in Chapter 8 (commencing with Section 132651) of Division 12.7 of the Public Utilities Code, in addition to the authority to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources, as specified in Sections 4217.12 to 4217.14, inclusive, may enter into energy service contracts, facility financing contracts, and contracts for the sale of energy resources relating to green electrolytic hydrogen, as that term is defined in Section 400.2 of the Public Utilities Code, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.
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5971 4217.19. The Tri-Valley-San Joaquin Valley Regional Rail Authority, as established in Chapter 8 (commencing with Section 132651) of Division 12.7 of the Public Utilities Code, in addition to the authority to enter into energy service contracts, facility financing contracts, and contracts for the sale of specified energy resources, as specified in Sections 4217.12 to 4217.14, inclusive, may enter into energy service contracts, facility financing contracts, and contracts for the sale of energy resources relating to green electrolytic hydrogen, as that term is defined in Section 400.2 of the Public Utilities Code, for use by the authority for purposes of financing the construction and operation of passenger rail service through the Altamont Pass Corridor.
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6173 SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the Valley Link project, and the potential concerns if the exceptions made applicable to this specific project were expanded statewide.
6274
6375 SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the Valley Link project, and the potential concerns if the exceptions made applicable to this specific project were expanded statewide.
6476
6577 SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the Valley Link project, and the potential concerns if the exceptions made applicable to this specific project were expanded statewide.
6678
6779 ### SEC. 2.