Bill Text: CA AB39 | 2013-2014 | Regular Session | Amended

California Assembly Bill 39 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Medi-Cal: designated public hospitals.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2014-08-21 - Read second time. Ordered to third reading. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB39 Detail]

Download: California-2013-AB39-Amended.html
BILL NUMBER: AB 39	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2013
	AMENDED IN ASSEMBLY  APRIL 9, 2013
	AMENDED IN ASSEMBLY  FEBRUARY 27, 2013

INTRODUCED BY   Assembly Members Skinner and John A. P�rez
   (Principal coauthor: Assembly Member Perea)
   (Coauthors: Assembly Members Bloom, Brown, Ian Calderon,
Dickinson, Frazier, Garcia, Gordon, Quirk-Silva, Rendon, Ting,
Wieckowski, and Williams)

                        DECEMBER 3, 2012

   An act to add Division 16.4 (commencing with Section 26225) to the
Public Resources Code, relating to energy efficiency, and making an
appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 39, as amended, Skinner. Proposition 39: implementation.
   The California Clean Energy Jobs Act, an initiative approved by
the voters as Proposition 39 at the November 6, 2012, statewide
general election, made changes to corporate income taxes and, except
as specified, provides for the transfer of $550,000,000 annually from
the General Fund to the Clean Energy Job Creation Fund (Job Creation
Fund) for 5 fiscal years beginning with the 2013-14 fiscal year.
Moneys in the Job Creation Fund are available, upon appropriation by
the Legislature, for purposes of funding eligible projects that
create jobs in California improving energy efficiency and expanding
clean energy generation. Existing law provides for the allocation of
available funds to public school facilities, university and college
facilities, other public buildings and facilities, as well as job
training and workforce development, and public-private partnerships,
for eligible projects, as specified. Existing law establishes
prescribed criteria that apply to all expenditures from the Job
Creation Fund. Existing law creates the Citizens Oversight Board with
specified responsibilities relative to the review of expenditures
from the Job Creation Fund, including the submission of an evaluation
to the Legislature.
   This bill would require the State Energy Resources Conservation
and Development Commission (Energy Commission) to administer grants,
loans, or other financial assistance to an eligible institution,
defined as a public school providing instruction in kindergarten or
grades 1 to 12, inclusive, or a community college, for the purpose of
eligible projects, as defined, that create jobs in California by
reducing energy demand and consumption at eligible institutions, as
defined.
    This bill would require, for each fiscal year that revenue is
deposited into the Job Creation Fund, that 75% of that revenue be
provided to eligible institutions for grants for eligible projects.
The bill would require the commission to develop a formula to ensure
that each region of the state receives a share of the statewide
allocation under this bill that is reasonable equivalent to its
proportion of the statewide average daily attendance,  with 11%
of grant funds to be awarded to community college districts, 
and would further require the Energy Commission, in consultation with
the  Office of Public School Construction  
State Department of Education  and the Chancellor of the
California Community Colleges, to approve eligible projects proposed
by eligible institutions, taking into consideration specified
factors.
   This bill would require an eligible institution that receives a
grant, loan, or other financial assistance to report the amount of
energy saved to the Energy Commission and to compute the cost of
energy saved as a result of implementing projects funded by the
grant, as prescribed.
   This bill would require, for each fiscal year  before the
2016-   17 fiscal year  that revenue is deposited into
the Job Creation Fund, that 25% of that revenue be allocated to
eligible institutions,  public universities, or public
buildings,  as defined, for low-interest or no-interest
revolving loans  or loan loss reserves  for eligible
projects and technical assistance for facilities  at public
schools and community colleges  , as specified  , and
commencing with the 2016-17 fiscal year, would authorize that revenue
to be allocated to those and other eligible institutions, public
universities, or public buildings  .
   This bill would require moneys for job training and workforce
development to be available from the Job Creation Fund, upon
appropriation by the  Legislature,   Legislature
to the California Workforce Investment Board, for allocation 
to the California Conservation Corps, Certified Community
Conservation Corps, Youth Build,  preapprenticeship partnerships
with state-certified apprenticeship programs, local educational
agencies, community benefit organizations, and other existing
workforce development programs, as specified, consistent with the
requirements of the California Clean Energy Jobs Act. This bill would
require moneys for public-private partnerships to be available from
the Job Creation Fund, upon appropriation by the Legislature, for
assistance to certain local governments to establish and implement
Property Assisted Clean Energy programs or similar financial and
technical assistance consistent with the requirements of the
California Clean Energy Jobs Act.
   The bill would require a person or entity receiving financial
assistance from the Job Creation Fund to report certain information
to the Citizens Oversight Board. The bill would require this
information to be included in an annual report by the board to the
Legislature.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) With the passage of Proposition 39 at the November 6, 2012,
statewide general election, the people of California declared their
intent to have multistate businesses treated equally under the
Revenue and Taxation Code and to establish a path forward for schools
and clean energy jobs.
   (b) Between the 2013-14 and 2017-18 fiscal years, Proposition 39
will dedicate up to $550,000,000 annually to the Clean Energy Job
Creation Fund.
   (c) Proposition 39 establishes objectives for clean energy job
creation, including funding energy efficiency projects and renewable
energy installations in public schools, universities, and other
public facilities.
   (d) Proposition 39 identifies energy efficiency retrofits and
clean energy installations at public schools as one way to promote
private sector jobs to save energy and money.
   (e) The United States Environmental Protection Agency estimates
that schools waste 30 percent of their energy unnecessarily through
inefficiencies. The financial savings from more efficient buildings
would provide schools with the flexibility to pay for other upgrades
and programs that enhance student learning.
   (f) In California, more than 70 percent of the state's
kindergarten and grades 1 to 12, inclusive, public school classrooms
are over 25 years old and schools account for approximately 12
percent of all commercial energy consumption. This represents a
significant cost to public schools and to California taxpayers.
   (g) With the passage of Proposition 39, the state will be able to
reduce energy demand at public schools and provide long-term savings
and budgetary flexibility so schools can concentrate their limited
resources on education and not utility bills.
   (h) Proposition 39 also establishes a Citizens Oversight Board to
review expenditures, audit the Clean Energy Job Creation Fund, and
maintain accountability of the fund.
   (i) It is the intent of the Legislature to establish guidelines
for clean energy expenditures from the Clean Energy Job Creation
Fund.
   (j) It is further the intent of the Legislature to ensure that
schools receive and prioritize high-quality facility retrofits and
installations that lead to persistent energy savings.
  SEC. 2.  Division 16.4 (commencing with Section 26225) is added to
the Public Resources Code, to read:

      DIVISION 16.4.  PROPOSITION 39 IMPLEMENTATION: UPGRADING OUR
SCHOOLS AND CREATING CLEAN ENERGY JOBS


   26225.  For purposes of this division, the following terms have
the following meanings:
   (a) "Chancellor" means the Chancellor of the California Community
Colleges.
   (b) "Commission" means the State Energy Resources Conservation and
Development Commission.
   (c) "Eligible institution" means a public school or school
district providing instruction in kindergarten or grades 1 to 12,
inclusive, or a community college.
   (d) "Eligible project" means a project that meets the requirements
of Division 16.3 (commencing with Section 26200) and that creates
jobs in California by improving energy efficiency, installing clean
energy technology, or making energy system improvements consistent
with that division.
   (e) "Job Creation Fund" means the Clean Energy Job Creation Fund
established in Section 26205.
   (f) "Public buildings" has the same meaning as in subdivision (k)
of Section 4217.11 of the Government Code.
   26230.  (a) The commission shall administer grants, loans, or
other financial assistance to eligible institutions for the purpose
of eligible projects that create jobs in California by reducing
energy demand and consumption at eligible institutions in accordance
with this section.
   (b) For each fiscal year that revenue is deposited into the Job
Creation Fund, 75 percent of that revenue shall be provided to
eligible institutions for grants for eligible projects.
   (c) The commission shall develop a formula to ensure that each
region of the state receives a share of the statewide allocation
pursuant to this section that is reasonably equivalent to its
proportion of the statewide average daily attendance  , with 11
percent of grant funds to be awarded to community college districts
 . Within that share, the commission shall, in consultation with
the  Office of Public School Construction  
State Department of Education  and the chancellor, approve
eligible projects based on at least the factors in subdivision (d).
   (d) Eligible institutions shall propose eligible projects to the
commission, taking into consideration at least the following factors:

   (1) The age of the school facilities.
   (2) The proportion of students receiving free and reduced-price
meals.
   (3) Whether the facilities have been recently modernized.
   (4) Whether the facilities are operated as a year-round school.
   (5) The project's potential for energy demand reduction.
   (6) The school's score from an energy rating system such as the
United States Environmental Protection Agency's Energy Star system.
   (7) The project's ability to facilitate matriculation into
certified apprenticeship programs.
   (e) (1) Any eligible institution may submit an application to the
commission. The commission shall award moneys pursuant to this
section only to eligible institutions.
   (2) Each year, in accordance with a schedule established by the
commission, an eligible institution that receives a grant, loan, or
other financial assistance pursuant to this section shall report the
amount of energy saved to the commission and compute the cost of
energy saved as a result of implementing energy efficiency retrofit
and clean energy installation projects funded by this section. The
cost shall be calculated in a manner established by the commission.
   (f) The commission shall ensure that adequate energy audit,
measurement, and verification procedures are employed to ensure that
energy savings and greenhouse gas emissions reductions occur as a
result of any grants, loans, or other financial assistance provided
pursuant to this section.
   (g) This section shall not affect the eligibility of any eligible
entity awarded a grant pursuant to this section to receive other
incentives available from federal, state, and local government, or
from public utilities or other sources, or to leverage the grant from
this section with any other incentive.
   (h) It is the intent of the Legislature that monetary savings at
eligible institutions from retrofit and installation projects
pursuant to this section be used to benefit students and learning at
those institutions.
   26235.  (a)  (1)    For each fiscal year 
prior to the 2016-17 fiscal year  that revenue is deposited into
the Job Creation Fund, 25 percent of that revenue shall be allocated
to eligible  institutions, public universities, or public
buildings   institutions  for low-interest or
no-interest revolving loans  or for loan loss reserves  for
eligible projects and technical assistance for facilities at public
elementary or secondary  schools,   schools or
 community  colleges, public universities, or other
public buildings.   colleges.  
   (2) Commencing with the 2016-17 fiscal year, for each fiscal year
that revenue is deposited into the Job Creation Fund, 25 percent of
that revenue shall be allocated to eligible institutions, public
universities, or public buildings for low-interest or no-interest
revolving loans or for loan loss reserves for eligible projects and
technical assistance for facilities at public elementary or secondary
schools, community colleges, public universities, or other public
buildings. 
   (b) Funds remaining in this account after the 2017-18 fiscal year
shall continue to be available for loans pursuant to this section in
future years.
   26240.  Moneys for job training and workforce development shall be
available from the Job Creation Fund, upon appropriation by the
 Legislature,   Legislature to the California
Workforce Investment Board, for allocation  to the California
Conservation Corps, Certified Community Conservation Corps, Youth
Build,  preapprenticeship partnerships with state-certified
apprenticeship programs, local educational agencies, community
benefit organizations,  and other existing workforce development
programs to train and employ disadvantaged youth, veterans, and
others on energy efficiency and clean energy projects, consistent
with the requirements of Division 16.3 (commencing with Section
26200).
   26245.  Moneys for public-private partnerships shall be available
from the Job Creation Fund, upon appropriation by the Legislature,
for assistance in establishing and implementing Property Assisted
Clean Energy (PACE) programs or similar financial and technical
assistance for cost-effective retrofits and installations that
include repayment requirements, consistent with the requirements of
Division 16.3 (commencing with Section 26200).
   26250.  (a) No later than one year after a person or entity
receives a grant, loan, or other assistance from the Job Creation
Fund, the person or entity shall submit a report to the Citizens
Oversight Board created pursuant to Chapter 3 (commencing with
Section 26210) of Division 16.3 containing the following information,
to the extent applicable:
   (1) The number of jobs created.
   (2) The amount of energy saved.
   (3) The amount of new clean energy generation installed.
   (4) The number of trainees.
   (5) The portion of financial assistance provided that was used for
administrative costs.
   (6) The amount of time between awarding of the financial
assistance and the completion of the project or training activities.
   (b) The Citizens Oversight Board shall report the information it
receives pursuant to subdivision (a) to the Legislature as part of
its responsibilities pursuant to subdivision (d) of Section 26210.
The board's report shall be submitted annually. The report shall also
be posted on a publicly accessible Internet Web site.
   26255.  Funding for clean energy, energy efficiency, or job
creation programs from sources other than the Job Creation Fund shall
not be reduced or eliminated as a result of the availability of
moneys from the fund.