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 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 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 (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.
This bill would require the State Energy Resources Conservation
and Development Commission (Energy 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
deposited into the Clean Energy 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 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. 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 bill would require 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 bill would require
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 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.
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
include 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 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.
(2) The commission shall establish criteria applicable to all
contracts, 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.
(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.
(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 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) 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.
(2)
(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) 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) (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 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) 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. (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 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.
(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 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 sooner than one
year after , but no later than 15 months
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 direct full-time jobs created
and the number of job years for each job
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.
