Bill Text: CA SB39 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Local agencies: public officers: claims and liability.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-10-12 - Chaptered by Secretary of State. Chapter 775, Statutes of 2013. [SB39 Detail]

Download: California-2013-SB39-Amended.html

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BILL NUMBER: SB 39	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 28, 2013
	AMENDED IN SENATE  MAY 7, 2013
	AMENDED IN SENATE  APRIL 24, 2013
	AMENDED IN SENATE  MARCH 21, 2013

INTRODUCED BY   Senators De León and Steinberg
   (Coauthors: Senators Beall, Block, Calderon, Corbett, DeSaulnier,
Evans, Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson, Lara,
Leno, Lieu, Liu, Negrete McLeod, Padilla, Pavley, Price, Roth, Rubio,
 Torres,  Vargas, Wolk, and Yee)
   (Coauthors: Assembly Members  Skinner  
  and Torres   Hagman   and
Skinner  )

                        DECEMBER 5, 2012

   An act to add Chapter 5 (commencing with Section 26230) to
Division 16.3 of the Public Resources Code, relating to energy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 39, as amended, De León. Energy: school facilities: energy
efficiency upgrade projects.
   The California Clean Energy Jobs Act, an initiative measure
enacted by voters  as Proposition 39  at the November 6,
2012, statewide general election, establishes the Clean Energy Job
Creation Fund and requires moneys in the fund to be available for
appropriation during specified fiscal years for, among other things,
the purposes of funding energy efficiency projects in school
facilities.
   This bill would enact the Clean Energy Employment and Student
Advancement Act of 2013 and would require the Office of Public School
Construction, in  consultation   coordination
 with the State Energy Resources Conservation and Development
Commission,  the Public Utilities Commission, and the State
Department of Education, to establish a school district assistance
program to distribute grants, on a competitive basis,  
to develop the Clean Energy Employment and Student Advancement
Program to award grants, based on the average daily attendance, to a
school district, weighted as specified,  for energy efficiency
upgrade projects pursuant to the California Clean Energy Jobs Act.
The bill would require the  office, upon the approval of the
State Allocation Board, to award a school district grants for energy
efficiency upgrade projects meeting specified conditions 
 commission to develop criteria for project development,
approval, and energy savings reporting  . The bill would require
the  office to develop a methodology to give priority points
to applications meeting specified criteria   commission
to establish a technical assistance grant program to assist in the
assessment, development, and implementation of energy upgrade
projects for school districts and charter schools without access to a
utility-sponsored technical assistance program. The bill would
require the commission, in coordination with the University of
California energy research centers, to develop innovative facility
evaluation systems to assist school districts with facility
evaluations, benchmarking, scoping, and investigation. The bill would
authorize the commission, in consultation with the California
Conservation Corps and the certified community conservation corps, to
provide preaudit, audit, and postinstallation verification services
to assist school districts. The bill would require the commission to
develop guidelines for a financing program for projects for which
grants are inappropriate or not needed for implementation. The bill
would require the commission to develop a database to quantify the
costs and   benefits of funded projects. The bill would
require a school district or a charter school facility receiving
moneys from the Clean Energy Job Creation Fund to repay those moneys
under specified conditions. For the 2013-14 fiscal year, the bill
would provide that moneys from the fund, upon appropriation by the
Legislature, would be available to fund energy efficiency projects
that are on the Emergency Repair Program unfunded approval list as of
January 1, 2013  . 
   This bill would state the intent of the Legislature to appropriate
moneys to the Office of Public School Construction from the fund for
the purposes of awarding energy efficiency grants to the most
disadvantaged schools in need of modernization for the purposes of
energy efficiency upgrades.  
   This bill would specify the bidding requirements for contracts for
projects that are funded, in whole or in part, by moneys from the
Clean Energy Job Creation Fund and would require contractors for
those contracts to meet specified requirements. The bill would
require, with specified exceptions, the Department of Industrial
Relations to monitor and enforce applicable prevailing wage
requirements and would authorize the Director of Industrial Relations
to charge the contracting agency for its reasonable and directly
related costs incurred. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.   (a)    The
Legislature finds and declares all of the following: 
   (1) 
    (a)  The people of the State of California voiced their
strong support for the California Clean Energy Jobs Act by enacting
Proposition 39 at the November 6, 2012, statewide general election.
The voters closed an egregious corporate tax loophole that only
benefited out-of-state companies at the expense of expanded
employment in our state. 
   (2) 
    (b)  It is the duty of the Legislature to put these
dollars to work in a manner that voters can see and experience the
benefit of  that work  . Proposition 39 enumerated the
following key principles in guiding the expenditure of the revenues
raised through the California Clean Energy Jobs Act (Division 16.3
(commencing with Section 26200) of the Public Resources Code):

   (A) 
    (1)  Maximize job creation. 
   (B) 
    (2)  Shrink our carbon footprint. 
   (C) 
    (3)  Minimize bureaucratic costs. 
   (D) 
    (4)  Create full transparency. 
   (E) 
    (5)  Demand rigorous accountability. 
   (F) 
    (6)  Create measurable results. 
   (3) 
    (c)  Since the recession began in late 2007, California
has lost nearly 1.4 million jobs, including 400,000 in the
construction industry alone. Investing in energy efficiency will
maximize job creation and will help the state regain a sense of
economic security and sustainability at a time when unemployment
remains high. The state can further stimulate its economy by putting
the industry segment back to work that is most in need--the
construction trades. 
   (4) 
    (d)  Studies show the continuing high cost of energy and
utilities due to inefficient lighting, insulation, heating,
ventilation, and air conditioning systems, plumbing, windows, and
irrigation systems that take local money away from educational
programs. For example, the Los Angeles Unified School District spends
$105,000,000 annually on energy. Energy efficiency improvements for
public schools will reduce long-term energy costs and the savings can
be directed to the classroom. 
   (5) 
    (e)  Substandard physical environments are strongly
associated with truancy and other behavior problems in pupils. Lower
pupil attendance leads to lower scores on standardized tests in
English language arts and mathematics. Schools with better building
conditions have up to 14 percent lower pupil suspension rates.
Improving a school's health and safety standards can lead to a
36-point increase in California Academic Performance Index scores.

   (6) 
    (f)  Several studies have determined that children
suffer significant health consequences from excessive heat,
inadequate heating, ventilation, and air conditioning systems, mold
and other biological hazards, pest infestations, lead and other toxic
hazards, and overcrowding beyond the stated capacity of the school
structure. Research repeatedly shows the detrimental impact to the
health of pupils due to poor indoor air quality in classrooms.
Increasing energy efficiency will reduce air pollution that causes
asthma and lung disease. 
   (7) 
    (g)  Economically disadvantaged school communities are
often the same areas that suffer most from high unemployment and
destructive or unlawful conduct by youth. The program funded by
revenues generated by the California Clean Energy Jobs Act will
encourage community participation in, and a greater sense of
responsibility toward, educational, environmental, and fiscal
benefits of modernizing facilities, which will enhance community
pride and sustain neighborhood vitality. 
   (b) 
    (h)  It is the intent of the Legislature that:
   (1)  First priority   Priority  for
funds made available through the California Clean Energy Jobs Act
should be to award competitive grants statewide to economically
disadvantaged schools to provide operational cost savings in schools
maintaining kindergarten or any of grades 1 to 12, inclusive, and
create a healthy indoor environment for pupils and staff and to offer
technical assistance to all applicants and potential applicants for
grant preparation to encourage full participation in the grant
program. 
   (2) To achieve the job creation and energy savings goals outlined
in the California Clean Energy Jobs Act, first year funds should be
distributed to schools with identified energy savings projects on the
unfunded Emergency Repair List resulting from the settlement reached
in Williams v. State of California (Case Number CGC-00-312236 of the
Superior Court of San Francisco) and should allow retrofit projects
to begin immediately while the state defines the competitive grant
process that will be used to distribute funds in the subsequent
years.  
   (2) 
    (3)  Energy efficiency upgrade projects  and
deployment of onsite clean energy installations  should also
provide short-term benefits, including the creation of jobs that pay
prevailing wages in communities around the state, and stimulate local
economies. 
   (3) In addition to grants for economically disadvantaged schools,
to the extent funds are available, funds could be allocated to
finance or provide matching funds for cost-effective energy
efficiency upgrades and clean energy projects at schools maintaining
kindergarten or any of grades 1 to 12, inclusive, and for projects at
community colleges or at the campuses of the University of
California or the California State University.  
   (4) Workforce training programs, including the California
Conservation Corps, certified community conservation corps,
YouthBuild, and other existing programs to train and employ
disadvantaged youth, veterans, and others on energy efficiency and
clean energy projects could also be funded.  
  SEC. 2.    It is the intent of the Legislature to
make moneys available to the Office of Public School Construction,
upon appropriation, from the Clean Energy Job Creation Fund to award
energy efficiency upgrade grants to the most disadvantaged schools in
need of modernization for the purposes of energy efficiency upgrades
pursuant to the California Clean Energy Jobs Act (Division 16.3
(commencing with Section 26200) of the Public Resources Code).

   SEC. 3.  SEC. 2.   Chapter 5 (commencing
with Section 26230) is added to Division 16.3 of the Public
Resources Code, to read:
      CHAPTER 5.  CLEAN ENERGY EMPLOYMENT AND STUDENT ADVANCEMENT ACT
OF 2013



      Article  1.    General Provision and Definitions



   26230.  This chapter shall be known, and may be cited, as the
Clean Energy Employment and Student Advancement Act of 2013.
   26231.  As used in this chapter, the following terms shall have
the following meanings: 
   (a) "Best value" means a value determined by evaluation of
proposals with reference to specified criteria objectively applied,
including, but not limited to, price, quality of technical proposals,
qualifications of key personnel, and other criteria deemed
appropriate by a contracting agency awarding a contract for a project
funded, in whole or in part, by a grant awarded pursuant to this
chapter.  
   (a) 
    (b)  "Commission" means the State Energy Resources
Conservation and Development Commission. 
   (c) "Department" means the State Department of Education. 

   (b) 
    (d)     (1)  "Energy efficiency
upgrade project"  or "project   "  means a school
facility project that reduces energy consumption and operational
costs through means that include, but are not limited to,
improvements to one or a combination of the following: 
   (1) 
    (A)  Ventilation. 
   (2) 
    (B)  Lighting and other system controls. 
   (3) 
    (C)  Air infiltration. 
   (4) 
    (D)  Water use. 
   (5) 
    (E)  Windows and doors (fenestration). 
   (6) 
    (F)  Heating and cooling (HVAC). 
   (7) 
    (G)  Electrical system. 
   (8) 
    (H)  Insulation. 
   (I) Roof system, such as insulation and energy efficient rooftop
surfaces.  
   (J) Energy monitoring and management system.  
   (K) Green infrastructure projects that reduce energy demand, such
as tree planting.  
   (2) "Project" includes energy efficiency retrofit, clean energy
installation, demand management, and other energy-related projects.
 
   (e) "ESCO" means an energy service or energy savings company.
 
   (f) "Loading order" means the state's loading order described in
the Energy Plan II jointly adopted by the commission and the Public
Utilities Commission.  
   (c) 
    (g)  "Office" means the Office of Public School
Construction. 
   (d) "School district" means a school district or a county office
of education.  
   26232.  (a) The office shall, in consultation with the commission,
the Public Utilities Commission, and the State Department of
Education, establish a school district assistance program to
distribute grants, on a competitive basis, prioritizing economically
disadvantaged school communities for energy efficiency upgrade
projects that offer the highest energy efficiency savings, pursuant
to this division.
   (b) The commission shall develop criteria for project development,
ranking, approval, and energy savings reporting, and shall establish
guidelines and criteria for all of the following:
   (1) Energy audit standards and procedures.
   (2) Measurement and verification standards.
   (3) Reporting standards.
   (4) Project approval criteria relating to energy efficiency
upgrade projects.
   (5) Project priorities relative to energy standards.
   (c) The office shall administer, process, and distribute funds to
local educational agencies that meet the conditions pursuant to
Section 26234, rank priority for these funds on the basis of criteria
pursuant to Section 26235, and perform expenditure audits, as
specified in subdivision (d) of Section 26234.  
   26232.  For 2013-14 fiscal year, the office shall, to the extent
moneys are available, fund all energy efficiency projects that have
been previously approved by the State Allocation Board under the
Emergency Repair Program pursuant to Article 1.5 (commencing with
Section 17592.70) of Chapter 5 of Part 10.5 of Division 1 of Title 1
of the Education Code, and placed on the Emergency Repair Program
unfunded approval list as of January 1, 2013. In order to later
quantify the costs and benefits of funded projects, the school
district shall authorize its local electric and gas utilities to
provide 12 months of past and ongoing usage and billing records at
the school facility site level to the commission.  
   26232.5.  (a) The Legislature finds and declares that the funds
generated pursuant to this division are public funds for the purposes
of the Government Code, Labor Code, and Public Contract Code.
   (b) A project funded, in whole or in part, pursuant to this
division constitutes a public works project.  
   26233.  (a) For a project funded, in whole or in part, pursuant to
this division, the governmental entity receiving the funding shall
ensure full compliance with Section 20111.6 of the Public Contract
Code and shall additionally require contractors and subcontractors
for the project to demonstrate a sustained commitment, contribution,
and investment in all of the following:
   (1) A state-approved local training program for sustaining the
stability and longevity of a properly trained workforce for the 21st
century construction industry, including, but not limited to, Title
24 energy efficiency curriculum, hands-on training, safety training,
and continuing education programs.
   (2) A federally recognized multiemployer health care program for
their workers or, alternatively, health care coverage products that
are approved by the Department of Managed Care or the Department of
Insurance that provide essential health benefits coverage required by
the federal Patient Protection and Affordable Care Act (Public Law
111-148) and California law.
   (3) A federally recognized multiemployer pension program or
federally approved worker pension programs or plans.
   (b) (1) Except as provided in subdivision (c), the Department of
Industrial Relations shall monitor and enforce compliance with
applicable prevailing wage requirements for a public works project,
within the meaning of subdivision (b) of Section 1720 of the Labor
Code, that is financed, in whole or in part, pursuant to this
division. Monitoring and enforcement by the department shall be
conducted pursuant to subdivision (g) of Section 1771.5 of the Labor
Code and regulations adopted pursuant to that provision.
   (2) The Director of Industrial Relations shall charge each
contracting agency for the reasonable and directly related costs of
monitoring and enforcing compliance with the prevailing wage
requirements on each project.
   (A) The reasonable and directly related costs of monitoring and
enforcing compliance with the prevailing wage requirements on a
project incurred by the Department of Industrial Relations in
accordance with this section are payable by the contracting agency as
a cost of construction and shall be determined pursuant to paragraph
(1) of subdivision (h) of Section 1771.5 of Labor Code.
   (B) All amounts collected by the Department of Industrial
Relations for its services pursuant to this section shall be
deposited in the State Public Works Enforcement Fund created by
Section 1771.3 of the Labor Code.
   (c) Subdivision (b) does not apply if the government entity
receiving funding pursuant to this division does either of the
following:
   (1) If the contracting agency had initiated prior to January 1,
2012, a labor compliance program approved by the Department of
Industrial Relations for some or all of its public works projects and
had not contracted with a third party to conduct that program, and
requests and receives approval from the department to continue to
operate its existing labor compliance program for its public works
projects financed, in whole or in part, pursuant to this division, in
place of the department monitoring and enforcing compliance on
projects pursuant to subdivision (a).
   (2) If the contracting agency has entered into a collective
bargaining agreement that binds all of the contractors performing
work on the project and that includes a mechanism for resolving
disputes about the payment of wages.
   (d) In awarding contracts for projects funded pursuant to this
division, school districts and charter schools shall utilize the best
value competitive bid process that allows local contractors to bid
for these projects. Projects funded pursuant to this division shall
not be awarded using the procurement methods specified in either
Section 4217.12 of the Government Code or Section 17406 of the
Education Code.  
   26233.1.  To provide work opportunities and a career path for the
next generation of energy efficiency tradespeople, all contractors
and subcontractors bidding on contracts to perform work for a project
funded, in whole or in part, pursuant to this division shall have an
agreement with a registered apprenticeship program, approved by the
California Apprenticeship Council, that provides specific training
for the work to be performed, and that has graduated a minimum of 50
percent of the apprentices of the program in the preceding five
years. The agreement shall specify that the contractor agrees to
train apprentices to the standards of the registered apprenticeship
program.  
   26233.2.  In awarding a contract for a project that is funded, in
whole or in part, pursuant to this division, the contracting agency
shall do all of the following:
   (a) Award contracts utilizing the best value bid method.
   (b) (1) Include factors including, but not limited to, price,
life-cycle costs, net energy savings, safety record, and other
criteria deemed appropriate by the contracting agency.
   (2) For purposes of this subdivision, a bidder's safety record
shall be deemed acceptable if its experience modification rate for
the most recent three-year period is an average of 1.00 or less, and
its average total recordable injury or illness rate and average lost
work rate for the most recent three-year period does not exceed the
applicable statistical standards for its business category, or if the
bidder is a party to an alternative dispute resolution system as
provided for in Section 3201.5 of the Labor Code.
   (c) (1) Prepare a request for proposal setting forth the scope of
the project that may include, but is not limited to, the size, type,
and desired design character of the buildings and site, performance
specifications covering the quality of materials, equipment, and
workmanship, preliminary plans or building layouts, or any other
information deemed necessary to describe adequately the contracting
agency's needs.
   (2) The request for proposal shall do all of the following:
   (A) Identify the basic scope and needs of the project or contract,
the expected cost range, and other information deemed necessary by
the contracting agency to inform interested parties of the
contracting opportunity.
   (B) Invite interested parties to submit competitive sealed
proposals in the manner prescribed by the contracting agency.
   (C) Include a section identifying and describing the following:
   (i) All significant factors and subfactors that the contracting
agency reasonably expects to consider in evaluating proposals,
including cost or price and all nonprice related factors and
subfactors.
   (ii) The methodology and rating or weighting scheme that will be
used by the contracting agency in evaluating competitive proposals
and specifically whether proposals will be rated according to numeric
or qualitative values.
   (iii) The relative importance or weight assigned to each of the
factors identified in the request for proposal.
   (iv) As an alternative to clause (iii), the contracting agency
shall specifically disclose whether all evaluation factors other than
cost or price, when combined, are any of the following:
   (I) Significantly more important than cost or price.
   (II) Approximately equal in importance to cost or price.
   (III) Significantly less important than cost or price.
   (v) If the contracting agency wishes to reserve the right to hold
discussions or negotiations with responsive bidders, it shall so
specify in the request for proposal and shall publish separately or
incorporate into the request for proposal applicable rules and
procedures to be observed by the contracting agency to ensure that
any discussions or negotiations are conducted in a fair and impartial
manner.
   (d) Establish a procedure to prequalify contractors, including
general contractors and all electrical, mechanical, and plumbing
contractors, regardless of whether they bid as subcontractors or as
prime contractors, using a standard questionnaire that includes, at a
minimum, the issues covered by the standardized questionnaire and
model guidelines for rating bidders developed by the Department of
Industrial Relations.  
   26233.3.  Notwithstanding any provision of the Public Contract
Code, upon issuance of a contract award for a project funded, in
whole or in part, pursuant to this division, the contracting agency
shall publicly announce its award, identifying the contractor to whom
the award is made, the winning contractor's price proposal, and its
overall combined rating on the request for proposal evaluation
factors. The notice of award shall also include the agency's ranking
in relation to all other responsive bidders and their respective
price proposals and a summary of the contracting agency's rationale
for the contract award. 

      Article  2.    Elementary and Postsecondary
Education 


    26235   .    (a) The office, in
coordination with the commission, shall develop and administer the
Clean Energy Employment and Student Advancement Program to award
grants to school districts and charter school facilities from moneys
appropriated by the Legislature from the Job Creation Fund for the
purposes of subdivision (a) of Section 26205.  
   (b) A school district or a charter school may submit to the office
an application for a grant pursuant to this article. The application
shall include a complete energy audit for the facility for which the
application is submitted.  
   (c) A school district shall be eligible to compete for funding up
to a maximum allocation level for each county based on the average
daily attendance formula, weighted toward the school district's
eligibility under Title I of the federal Elementary and Secondary
Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.).  
   (d) Upon approval of an application, the office shall submit to
the State Allocation Board the application for review pursuant to
Chapter 12.5 (commencing with Section 17070.10) of Part 10 of
Division 1 of Title 1 of the Education Code. The office shall award
the grant to the school district upon the approval of the State
Allocation Board.  
   (e) Prior to funding allocation for onsite clean energy
installation, a school district or charter school shall demonstrate
that energy cost savings over 75 percent of the expected life of the
onsite clean energy installation is greater than the total costs of
the installation.  
   26233.  (a) 
    26236.   The  State Department of Education
  department  , in consultation with the office,
shall do all of the of the following: 
   (1) 
    (   a)  Offer technical assistance to all
applicants and potential applicants for grant preparation to
encourage full participation in the grant program. 
   (2) 
    (  b)  Implement outreach and marketing
strategies for the program. 
   (3) 
    (   c)  Analyze participation to inform and
modify outreach and marketing efforts. 
   (b) The office shall use existing benchmarking tools to determine
present average energy consumption for a school facility by size and
type.  
   26234.  Upon approval by the State Allocation Board, the office
shall award to a school district a grant pursuant to this chapter
only for an energy efficiency upgrade project that meets all of the
following conditions:
   (a) The proposed project meets the qualifications of an energy
efficiency upgrade project.
   (b) The school district complies with the required labor
compliance and contractor qualification standards.
   (c) The amount of the grant applied for, together with any
matching contribution, will meet all of the costs of implementing the
energy efficiency upgrade project.
   (d) The school district allows the office to audit all
expenditures made with grant funds.
   (e) The school district agrees to track and report to the office
the number of jobs created as a result of the energy efficiency
upgrade project.
   (f) The school district reports to the office the operational cost
savings resulting from the energy efficiency upgrade project, both
at the district level, in aggregate, and school facility site level.
 
   26235.  In evaluating and ranking applications for grants that
meet the conditions pursuant to Section 26234, the office shall
develop a methodology to assign priority points to an application
that meets all of the following criteria:
   (a) The energy efficiency upgrade project is located at a school
facility with an above average energy consumption, as determined by
the benchmark pursuant to subdivision (b) of Section 26233.
   (b) The energy efficiency upgrade project is located in an
economically disadvantaged school community, based on the percentage
of pupils eligible for the federal free and reduced-price lunch
program.
   (c) The energy efficiency project is located in an area with an
above average unemployment rate as compared to the statewide
unemployment rate.
   (d) Pupils and classified school employees receive training and
information to better understand how they can support and maximize
the achievement of energy efficiency savings envisioned by the energy
efficiency upgrade projects.
   (e) The energy efficiency upgrade project will enhance workforce
development and employment opportunities, utilize members of the
California Conservation Corps or certified local conservation corps,
if available, or accommodate learning opportunities for school pupils
or at-risk youth in the community.
                                                     (f) The energy
efficiency upgrade project is a joint partnership between two or more
agencies, including, but not limited to, other school districts,
nonprofit organizations, and local government agencies to maximize
the investment and benefit to the public.  
   26237.  (a) On or before ____, 2014, the commission shall develop
guidelines and criteria for project development, approval, and energy
savings reporting, consistent with Section 26206, that include all
of the following:
   (1) Energy audit standards and procedures.
   (2) Evaluation, measurement, and verification standards.
   (3) Inventory and reporting standards.
   (4) Project approval criteria.
   (5) Project eligibility and ranking based on the loading order.
   (b) (1) The commission shall adopt the guidelines at a publicly
noticed meeting and provide an opportunity for the public to comment.
The commission shall provide a written public notice of the meeting
at least 30 days prior to the meeting.
   (2) For substantive revision of the guidelines, the commission
shall provide a written notice of the meeting at least 15 days prior
to the meeting at which the revision is to be considered or adopted.
   (3) The adoption or revision of the guidelines is exempt from the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
   (c) In developing the criteria for project eligibility and
ranking, the commission, in coordination with the office, shall base
the prioritization of projects on all of the following:
   (1) Eligibility of the school district in which the project is
located under Title I of the federal Elementary and Secondary
Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.), determined as a
percentage of pupils eligible for Title I funding.
   (2) The amount of energy savings resulting from the project, such
as measurements of kilowatts per hour saved.
   (3) The ability of the school district or charter school to enter
into contracts implementing the project within 90 days of grant
award.
   (4) The ability of the school district or charter school to
leverage moneys or resources, including grants or financing from
local, private, and other public and ratepayer funds, including funds
from participating in a utility energy program; or to partner with
two or more entities, including, but not limited to, other school
districts, nonprofit organizations, local government agencies, ESCOs,
and others; or both leveraging and partnership to maximize
investments and benefits to the public.
   (5) The geographic locale of the school site in reference to the
ranking of its Zip Code pursuant to Section 39711 of the Health and
Safety Code, with the most impacted receiving the highest priority
and the least impacted receiving the lowest priority.
   (6) The ability of the project to enhance workforce development
and employment opportunities, utilize members of the California
Conservation Corps, certified local conservation Corps, YouthBuild,
California community college districts, Green Partnership Academies,
Division of Apprenticeship Standards, nonprofit organizations, state
certified apprenticeship programs, targeted hire provisions, labor
management partnerships, high school career technical academies, and
high school regional occupational programs, if available, or
accommodate learning opportunities for school pupils or at-risk youth
in the community.  
   26238.  The commission shall, in consultation with the University
of California energy research centers, develop innovative facility
evaluation systems to assist school districts and charter schools
with facility evaluations, benchmarking, scoping, and investigation,
including computer modeling, the use of the United States
Environmental Protection Agency Portfolio Manager, and onsite
surveys.  
   26239.  The commission, in consultation with the California
Conservation Corps and certified community conservation corps, may
provide preaudit, audit, and postinstallation verification services
to assist school districts and charter schools.  
   26239.5.  The commission may allow the use of data analytics of
energy usage data, where possible, in the energy auditing,
evaluation, inventorying, measuring, and verification of projects.
 
   26240.  (a) The commission, upon appropriation by the Legislature,
shall establish a technical assistance grant program to assist with
the assessment, development, and implementation of projects for
school districts and charter school without access to
utility-sponsored energy efficiency technical assistance.
   (b) The commission shall establish guidelines for the technical
assistance programs, including eligible activities to be funded. The
commission shall, at a minimum, allow for the following eligible
activities:
   (1) Needs assessment, benchmarking, scoping, and investigation,
including support for energy audits when other programs do not exist.

   (2) Project development.
   (3) Bid preparation.
   (4) Assistance with leveraging other public and private funds.
   (5) Permit and citing support.
   (6) Preparation of postproject energy measurement and verification
reports.
   (c) For the purposes of assisting school districts and charter
schools, the commission may also provide grants for technical
assistance pursuant to this section to any of the following entities:

   (1) Local governments.
   (2) Renewable energy networks.
   (3) County offices of education.
   (4) Nonprofit organizations dedicated to provide energy project
development and implementation assistance.
   (d) For appropriate school districts, the commission may
complement the requirements of this section through the Bright
Schools Program.  
   26241.  (a) For projects for which grants are inappropriate or not
needed for implementation, the commission shall develop a project
financing program in the form of very low interest rate loans. The
commission shall use the program developed pursuant to Chapter 5.2
(commencing with Section 25410) of Division 15 to administer the
financing program pursuant to this section.
   (b) The commission shall develop guidelines and criteria for
project development, approval, and energy savings reporting,
consistent with Section 26206, that include all of the following:
   (1) Energy audit standards and procedures.
   (2) Evaluation, measurement, and verification standards.
   (3) Inventory and reporting standards.
   (4) Project approval criteria.
   (5) Project eligibility and ranking based on the loading order.
   (c) The commission shall prioritize loans to schools with higher
eligibility under Title I of the federal Elementary and Secondary
Education Act of 1965 (20 U.S.C. Sec 6301 et seq.).
   (d) The commission shall ensure the financing program incentives
participation by ESCOs, utilities, local governments, and other
entities in project development.  
   26242.  Upon appropriation by the Legislature, the commission
shall, in coordination with the Treasurer's office, develop
additional financing tools that incentive the participation of
private capital investments in projects for schools with kindergarten
or grades 1 to 12, inclusive.  
   26243.  (a) A school district receiving moneys pursuant to this
article for a project for a facility that is torn down for remodel,
or the property is deemed to be surplus and sold within 10 years of
project completion shall repay to the state all moneys received from
the Job Creation Fund for the project.
   (b) For a charter school facility that is not publicly owned, a
school district receiving moneys pursuant to this article for a
project for that facility shall repay to the state all moneys
received from the Job Creation Fund for the project if the charter
school vacates the facility within five years of project completion.
   (c) To quantify costs and benefits of projects, the commission
shall develop a database and methodology as follows:
   (1) In accordance with a schedule established by the commission,
the school district or charter school will authorize its local
electric or gas utilities to provide to the commission the 12 months
of past and ongoing usage and billing records at the school facility
site level.
   (2) The commission shall compile the information provided by the
utilities into a database that will assist the commission in
quantifying the costs and benefits of implementing the projects
funded, in whole or in part, pursuant to this chapter. The commission
may, upon appropriation by the Legislature, expend moneys from the
Job Creation Fund for the purposes of developing and maintaining the
database.
   (3) The commission shall compute the costs of energy saved as a
result of implementing the projects funded, in whole or in part,
pursuant to this chapter. The costs and savings shall be calculated
in a manner established by the commission.