BILL NUMBER: AB 39 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 2013
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
Member Skinner
( 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. An act to amend
Section 25421 of the Public Resources Code, relating to energy, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 39, as amended, Skinner. Proposition 39:
implementation. Energy: conservation: financial
assistance.
The Energy Conservation Assistance Act of 1979 requires, until
January 1, 2018, the State Energy Resources Conservation and
Development Commission to administer the State Energy Conservation
Assistance Account, a continuously appropriated account to provide
grants and loans to local governments and public institutions to
maximize energy use savings.
This bill would extend the operation of the act to January 1,
2020, and would thereby make an appropriation by extending the time
during which the funds in a continuously appropriated account are
made available.
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, for each fiscal year that revenues are
deposited into the Clean Energy Job Creation Fund, that 75% of those
revenues be provided to eligible institutions for grants for eligible
projects. 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.
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. 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 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 2/3 . Appropriation:
yes. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25421 of the Public
Resources Code is amended to read:
25421. (a) Except as provided in subdivision (b), this chapter
shall remain in effect only until January 1, 2018
2020 , and as of that date is repealed, unless a later
enacted statute, which is enacted before January 1, 2018
2020 , deletes or extends that date.
(b) Except as specified in subdivisions (c) and (d), all loans
outstanding as of January 1, 2018 2020
, shall continue to be repaid on a semiannual basis, as specified in
Section 25415, until paid in full. All unexpended funds in the State
Energy Conservation Assistance Account on January 1, 2018
2020 , and thereafter shall revert to the
General Fund.
(c) To the extent required under applicable bond obligations,
unexpended funds from the proceeds of bonds sold pursuant to Section
25417.5 that remain in the State Energy Conservation Assistance
Account on January 1, 2018 2020 , shall
remain in the account. These funds shall be expended pursuant to the
applicable requirements for bond proceeds. Once all applicable bond
obligations have been satisfied, unexpended funds shall revert to the
General Fund.
(d) Unexpended funds from the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) remaining in the State
Energy Conservation Assistance Account on January 1, 2018
2020 , shall revert to the Federal Trust Fund.
All matter omitted in this version of the bill appears in the bill as
amended in the Assembly, May 24, 2013. (JR11)