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

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 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 (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 the Energy Commission to
establish a prescribed system to prioritize eligible institutions for
these grants, loans, and other financial assistance, in consultation
with the Superintendent of Public Instruction. This bill would
continuously appropriate for prescribed fiscal years an unspecified
amount to the Energy Commission for this purpose in each year that at
least that amount of money is transferred to the Job Creation Fund.
This bill would require the Energy Commission to administer the
grants, loans, or other financial assistance program to ensure that
projects satisfy the prescribed criteria that apply to all
expenditures from the Job Creation Fund. This  
    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, and would
further require the Energy Commission, in consultation with the
Office of Public School Construction 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 set forth certain criteria to be used to
prioritize eligible facilities to be funded from moneys in the Job
Creation Fund, available upon appropriation by the Legislature, for
specified projects for eligible colleges and universities and other
public buildings and facilities. This  
   This bill would require, for each 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 for eligible projects and technical assistance for facilities,
as specified. 
    This  bill would require moneys for job training and
workforce development to be available from the Job Creation Fund,
upon appropriation by the Legislature, to the California Conservation
Corps, Certified Community Conservation Corps, Youth Build, 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  , during
the 2013-14 fiscal year,  to ensure that 
expenditures from the Clean Energy Job Creation Fund go toward
"shovel-ready" clean energy projects with guidelines for future
expenditures to be developed thereafter   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.  
   (a) 
    (b)  "Commission" means the State Energy Resources
Conservation and Development Commission. 
   (b) 
    (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.  
   (c) 
    (e)  "Job Creation Fund" means the Clean Energy Job
Creation Fund established in Section 26205. 
   (d) 
    (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) Notwithstanding Section 13340 of the Government Code, for the
purposes of this section, ____ dollars ($____) is continuously
appropriated for fiscal years 2013-14 through 2017-18, inclusive,
from the Job Creation Fund to the commission in each year that moneys
in at least that amount are transferred to the Job Creation Fund
pursuant to Section 26205.  
   (c) To implement this section, the commission shall do all of the
following:  
   (1) Administer the grants, loans, or other financial assistance to
ensure that projects satisfy the criteria in Section 26206.
 
   (2) Utilize existing resources, programs, and expertise to the
extent possible.  
   (3) Establish a system to prioritize eligible institutions for
grants, loans, and other financial assistance through this section in
consultation with the Superintendent of Public Instruction.
Prioritization shall take into consideration circumstances that shall
include, but not be limited to, the following:  
   (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. Within that
share, the commission shall, in consultation with the Office of
Public School Construction 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:
 
   (A) 
    (1)  The age of the school facilities. 
   (B) 
    (2)  The proportion of students receiving free and
reduced-price meals. 
   (C) 
    (3)  Whether the facilities have been recently
modernized. 
   (D) 
    (4)  Whether the facilities are operated as a year-round
school. 
   (E) 
    (5)  The  project   's  potential for
energy demand reduction. 
   (F) 
    (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.  
   (d) 
    (e)  (1) Any eligible institution may submit an
application to the commission  for a grant, loan, or other
financial assistance  . 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.

   (e) 
    (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. 
   (f) The commission shall use a net present value analysis or
life-cycle cost analysis when determining eligible measures for
energy savings. 
   (g) This section shall not affect the eligibility of any eligible
entity awarded a  grant, loan, or other financial assistance
  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) Moneys for eligible colleges and universities, and
other public buildings and facilities shall be available from the Job
Creation Fund, upon appropriation by the Legislature, for projects
that meet the requirements of Division 16.3 (commencing with Section
26200). Eligible projects are projects that create jobs in California
by improving energy efficiency, installing clean energy
technologies, or making other energy system improvements.
   (b) Eligible facilities shall be prioritized based on the
requirements of Section 26206 and all of the following criteria:
   (1) The potential for job creation within California.
   (2) The potential for energy demand reduction.
   (3) The extent to which the project is coordinated with the
commission or the Public Utilities Commission, or both, to achieve
the maximum amount of job creation within California and energy
benefits from available funds.  
   26235.  (a) 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 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, to the California Conservation Corps, Certified
Community Conservation Corps, Youth Build, 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.