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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 39	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 24, 2013
	AMENDED IN ASSEMBLY  MAY 8, 2013
	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. Pérez
   (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 for 5 fiscal
years beginning with the 2013-14 fiscal year. Moneys in the Clean
Energy 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 Clean
Energy Job Creation Fund. Existing law creates the Citizens Oversight
Board with specified responsibilities relative to the review of
expenditures from the Clean Energy Job Creation Fund, including the
submission of an evaluation to the Legislature.  Existing law
establishes the State Energy Conservation Assistance Account, a
continuously appropriated account, for the purposes of funding loans
to schools, hospitals, public care institutions, and units of local
government to maximize energy savings. 
   This bill would require the State Energy Resources Conservation
and Development Commission, commonly known as the 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   revenues are  deposited into the Clean
Energy Job Creation Fund, that 75% of  that revenue
  those revenues  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 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.  The bill would
require the State Department of Education to administer 89% of those
revenues for local educational agencies for the purposes of eligible
projects, as specified. The bill would require the Chancellor of the
California Community Colleges to administer 11% of those revenues for
the California Community Colleges. The bill would require the
department or the Office of the Chancellor of the California
Community Colleges, as applicable, in consultation with the State
Energy Resources Conservation and Development Commission, to evaluate
proposals from eligible institutions taking into account specified
  factors. The bill would require 25% of the revenues
deposited into the Clean Energy Job Creation Fund to be transferred
to the State Energy Conservation Assistance Account, thereby making
an appropriation. For the 2013-14 fiscal year, the bill would
allocate the moneys transferred to the account for loans, loan loss
reserves, and technical assistance to schools and community college
districts.  
   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. The bill would also require an eligible
institution applying to the commission for a grant, loan, or
financial assistance to install solely a clean energy technology to
demonstrate the institution has implemented all cost-effective energy
efficiency and demand response improvements.  
   This bill would require, for each fiscal year before the 2016-17
fiscal year that revenue is deposited into the Clean Energy Job
Creation Fund, that 25% of that revenue be allocated to eligible
institutions, 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 
    The  bill would require  , to the extent moneys are
available,  moneys for job training and workforce development to
be available from the Clean Energy Job Creation Fund, upon
appropriation by the 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   The  bill would
require , to the extent moneys are available,  moneys for
public-private partnerships to be available from the Clean Energy 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
  completing an eligible project with  financial
assistance from the Clean Energy 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. 
   (k) In addition to energy efficiency retrofits and clean energy
installations, it is the intent of the Legislature that funds be
available for allocation to local educational agencies to develop
expertise in energy management capability. Energy managers can
provide schools, particularly the smallest and neediest, with
resources and best practices to implement energy efficiency and clean
energy installations across California's more than 1000 school
districts with schools having kindergarten or grades 1 to 12,
inclusive, as well as oversight to ensure proper reporting and data
analysis for eligible projects. 
  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) "Department" means the State Department of Education. 

   (c) 
    (d)  "Eligible institution" means a public school or
school district providing instruction in kindergarten or grades 1 to
12, inclusive, or a community college. 
   (d) 
    (e)  "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) 
    (f)  "Job Creation Fund" means the Clean Energy Job
Creation Fund established in Section 26205. 
   (f) 
    (g)  "Public buildings"  include  
includes  structures, buildings, facilities, or works that a
public agency is authorized to construct or use, and automobile
parking lots, landscaping, and other facilities, including
furnishings and equipment, incidental to the use of any structures,
buildings, facilities, or works, and also includes the sites, any
easements, and rights-of-way appurtenant thereto, or necessary for
their full use.
   26230.  (a)  (1)     The
commission   For each fiscal year that revenues are
transferred to the Job Creation Fund pursuant to Section 26205, 75
percent of those revenues shall, upon appropriation by the
Legislature, be provided to eligible institutions for grants for
eligible projects. 
    (1)    The   department 
shall administer  grants, loans, or other financial
assistance to eligible institutions   89 percent of the
funds transferred pursuant to this subdivision for local educational
agencies  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. 
   (2) The chancellor shall administer 11 percent of the funds
transferred pursuant to this subdivision for the California Community
Colleges.  
   (2) 
    (3)  The  department, in consultation with the 
commission  and the Public Utilities Commission,  shall
establish criteria applicable to all contracts  awarded using
grant funding pursuant to paragraph (1)  , including, but not
limited to, all of the following:
   (A) Standard methods for estimating energy benefits, including
reasonable assumptions for current and future costs of energy  ,
and guidelines to compute the cost of energy saved as a result of
implementing eligible projects funded by this division  .
   (B) Contractor qualifications, licensing, and certifications
appropriate for the work to be performed, provided that the
commission shall not create any new qualification, license, or
certification pursuant to this subparagraph.
   (C) Limits for grants or loans for each type of eligible
improvement. 
   (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. 

   (4) The department, in consultation with the commission and the
Public Utilities Commission, shall propose guidelines for eligible
projects in each climate zone for the purpose of paragraph (1). 

   (c) 
    (b)  The  commission   department
and the chancellor  shall develop  a formula 
 formulas  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 State Department of
Education and the chancellor,   attendance. Within that
share, the department and the chancellor, in consultation with the
commission, shall  approve eligible projects based on at least
the factors in subdivision  (d)   (c)  .

   (d) 
    (c)  Eligible institutions shall propose eligible
projects to the  commission,   department or the
Office of the Chancellor of the California Community Colleges, as
applicable. The department or the Office of the Chancellor of the
California Community Colleges, in consultation with the commission,
shall evaluate the proposals  taking into consideration at least
the following factors:
   (1) The age of the school facilities  , as well as any plans
to cl   ose or demolish the facility  .
   (2) The proportion of students receiving free and reduced-price
meals.
   (3) Whether the facilities have been recently modernized.
   (4)  Whether   The  facilities'
hours of operation, including 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. 
   (8) The expected number of trainees and direct full-time
employees.  
   (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) Any eligible institution applying to the commission for a
grant, loan, or financial assistance to install solely clean energy
technology shall demonstrate to the commission that the institution
has implemented all cost-effective energy efficiency and demand
response improvements.  
   (3) 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) 
    (d)  The  department, in consultation with the 
commission  shall   and the Public Utilities
Commission, shall do both of the following: 
    (1)     Propose guidelines for schools to
 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. 
   (2) Develop a simple application form, that includes project
description, estimated energy savings, expected number of jobs
created, current energy usage, and costs.  
   (g) 
    (e)  (1) 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.
   (2) (A) Any incentives available from federal, state, local
government, public utilities, or other sources used by the entity
that is awarded a grant, loan, or financial assistance  shall
  may  be used to reduce the amount of the grant
awarded to that entity.
   (B) The sum of all incentives, grants, loans, or financial
assistance received by the entity, including grant, loan, or
financial assistance awarded pursuant to this chapter shall not
exceed the total cost of the eligible project. 
   (h) 
    (f)  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. 
   26233.  The commission shall maintain a public database of the
eligible entities that receive grants, loans, or other financial
assistance under this division. The database shall include relevant
metrics, to be determined by the commission, for electric, gas, and
cost savings of the projects. 
    26235.   26233.   (a) (1) For each
fiscal year  prior to the 2016-17 fiscal year  that
revenue is  deposited into   transferred to
 the Job Creation Fund, 25 percent of that revenue shall be
 allocated to eligible 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 or community colleges  
transferred to the State Energy Conservation Assistance Account for
low-interest and no-interest revolving loans and loan loss reserves
for eligible projects and technical assistance  . 
   (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.  
   (2) For the 2013-14 fiscal year, funds in the State Energy
Conservation Assistance Account transferred pursuant to this section
shall be available for schools having kindergarten or grades 1 to 12,
inclusive, or community colleges. If a school having kindergarten or
grades 1 to 12, inclusive, has an eligible project, and the sum of a
grant awarded pursuant to Section 26230 and any state, federal, or
local incentives is less than the cost of the eligible project, then
that school shall be eligible to receive a loan from the State Energy
Conservation Assistance Account pursuant to Chapter 5.2 (commencing
Section 25410) of Division 15 to make up the difference. 
   (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. 
   26234.  The commission shall maintain a public database of the
eligible entities that receive grants, loans, or other financial
assistance under this division. The database shall include relevant
metrics, to be determined by the commission, for electric, gas, and
cost savings of the projects. 
   26240.   Moneys   To the extent moneys are
available, moneys  for job training and workforce development
shall be available from the Job Creation Fund, upon appropriation by
the 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   To the extent moneys are
available, 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 sooner than one year, but no later than 15 months
after a person or entity  receives   completes
an eligible project with  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 direct full-time jobs created and the number of
job years for each job created.
   (2) The amount of energy saved  , including the cost of energy
saved as determined by a methodology established by the commission
 .
   (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.