Bill Text: CA SB73 | 2013-2014 | Regular Session | Enrolled

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

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Bill Title: Energy: Proposition 39 implementation.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Passed) 2013-06-27 - Chaptered by Secretary of State. Chapter 29, Statutes of 2013. [SB73 Detail]

Download: California-2013-SB73-Enrolled.html

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BILL NUMBER: SB 73	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 15, 2013
	PASSED THE ASSEMBLY  JUNE 15, 2013
	AMENDED IN ASSEMBLY  JUNE 13, 2013

INTRODUCED BY   Committee on Budget and Fiscal Review

                        JANUARY 10, 2013

   An act to amend Section 25415 of, and to add Chapter 5 (commencing
with Section 26225) to Division 16.3 of, the Public Resources Code,
relating to energy, and making an appropriation therefor, to take
effect immediately, bill related to the budget.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 73, Committee on Budget and Fiscal Review. Energy: Proposition
39 implementation.
   (1) Existing law, the Energy Conservation Assistance Act of 1979,
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. Existing law requires each
eligible institution to which an allocation has been made under the
act to repay the principal amount of the allocation, plus interest,
in not more than 30 equal semiannual payments, as determined by the
State Energy Resources Conservation and Development Commission, or
the Energy Commission. Existing law requires the Energy Commission,
except as specified, to periodically set interest rates on the loans
based on surveys of existing financial markets and at rates not less
than 1 % per annum.
   This bill would permit not more than 40 equal semiannual payments
and authorization of no-interest loans.
   (2) 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, or the 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, and 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.
   This bill would appropriate $3,000,000 from the Job Creation Fund
to the California Workforce Investment Board to develop and implement
a competitive grant program, in consultation with the Energy
Commission and the Public Utilities Commission, for eligible
community-based and other training workforce organizations preparing
disadvantaged youth or veterans for employment, as specified.
   This bill would, for the 2013-14 fiscal year, transfer $28,000,000
from the Job Creation Fund to the Education Subaccount, which this
bill would create in the State Energy Conservation Assistance
Account. This bill would appropriate moneys in the Education
Subaccount to the Energy Commission for the purpose of low-interest
and no-interest revolving loans and loan loss reserves for eligible
projects and technical assistance, as prescribed. This bill would
require funds remaining in the Education Subaccount after the 2017-18
fiscal year to continue to be available in future years for loans to
local education agencies, as defined, and community college
districts, as specified. This bill would require the funds deposited
annually in the Job Creation Fund and remaining in the fund, as
prescribed, to be allocated, to the extent consistent with the act,
to local education agencies by the Superintendent of Public
Instruction, as specified, and to community college districts by the
Chancellor of the California Community Colleges at his or her
discretion. This bill would require the Energy Commission to maintain
information on the local education agencies and community college
districts that receive grants, loans, or other financial assistance
pursuant to these provisions.
   This bill would require the Energy Commission, in consultation
with the Superintendent of Public Instruction, the Chancellor of the
California Community Colleges, and the Public Utilities Commission,
to establish specified guidelines. This bill would require the Energy
Commission to adopt these guidelines at a publicly noticed meeting
and provide an opportunity for public comment, as prescribed. This
bill would require the Superintendent of Public Instruction and the
Chancellor of the California Community Colleges to require that funds
be paid back if they are not used in accordance with prescribed
provisions.
   (3) The California Clean Energy Jobs Act 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 an entity, as a condition of receiving
funds from the Job Creation Fund, not sooner than one year but no
later than 15 months after the entity completes its first eligible
project with a grant, loan, or other assistance from the Job Creation
Fund, to submit a report of its project expenditures to the Citizens
Oversight Board, as specified. This bill would require the
California Workforce Investment Board, in consultation with the
Energy Commission, to utilize reports filed with the Citizens
Oversight Board to quantify total employment affiliated with funded
projects, as well as to estimate new trainee, apprentice, or
full-time jobs resulting from Job Creation Fund activity, and would
require the California Workforce Investment Board to prepare a report
with this information annually and to submit it to the Citizens
Oversight Board. This bill would require the Citizens Oversight Board
to report specified information it receives to the Legislature
annually as part of its responsibility to submit an evaluation to the
Legislature and to post this report on a publicly accessible
Internet Web site.
   (4) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
   Appropriation: yes.


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 ways 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) 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.
   (g) Proposition 39 also establishes a Citizens Oversight Board to
review expenditures, audit the Clean Energy Job Creation Fund, and
maintain accountability of the fund.
   (h) It is the intent of the Legislature to establish guidelines
for clean energy expenditures from the Clean Energy Job Creation
Fund.
   (i) 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.
   (j) It is further the intent of the Legislature to quickly
increase the number of jobs in California supporting energy retrofit
improvements, and to accomplish this, to direct the State Energy
Resources Conservation and Development Commission to proceed quickly
to develop necessary guidelines and procedures for project
identification and investment.
   (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 1,000 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.  Chapter 5 (commencing with Section 26225) is added to
Division 16.3 of the Public Resources Code, to read:
      CHAPTER 5.  PROPOSITION 39 IMPLEMENTATION


   26225.  For the purposes of this chapter, the following terms have
the following meanings:
   (a) "Chancellor" means the Chancellor of the California Community
Colleges.
   (b) "Energy Commission" means the State Energy Resources
Conservation and Development Commission.
   (c) "Local education agency" or "LEA" means a school district,
county office of education, charter school, or state special school.
   (d) "Job Creation Fund" means the Clean Energy Job Creation Fund
established in Section 26205.
   26227.  (a) (1) For the 2013-14 fiscal year, twenty-eight million
dollars ($28,000,000) shall be transferred from the Job Creation Fund
to the Education Subaccount, which is hereby created in the State
Energy Conservation Assistance Account created pursuant to Section
25416. The moneys in the Education Subaccount are appropriated to the
Energy Commission for the purpose of low-interest and no-interest
revolving loans and loan loss reserves for eligible projects and
technical assistance.
   (2) For the 2013-14 fiscal year, funds in the Education Subaccount
shall be available for local education agencies and community
college districts. If a local education agency or community college
district has an eligible project, the amount of the funding resources
gap that is to be considered a reasonable loan value from the
Education Subaccount is the project cost less the amount of any grant
awarded pursuant to Section 26233 and less any state, federal, or
local incentives. A local education agency or community college
district may need to meet additional credit or other financial
qualifying criteria applicable pursuant to the Energy Conservation
Assistance Act of 1979 (Chapter 5.2 (commencing with Section 25410)
of Division 15). The Energy Commission shall facilitate a local
education agency or community college district's participation in
both the Job Creation Fund and Energy Conservation Assistance Account
programs through coordinated information, documentation, and review
processes regarding the project and the borrowing entity.
   (b) For the 2014-15 through 2017-18 fiscal years, inclusive, the
amount transferred from the Job Creation Fund to the Energy
Conservation Assistance Account shall be determined in the annual
budget.
   (c) Funds remaining in the Education Subaccount after the 2017-18
fiscal year shall continue to be available in future years for loans
to local education agencies and community college districts pursuant
to this section.
   26230.  (a) The sum of three million dollars ($3,000,000) is
hereby appropriated from the Job Creation Fund to the California
Workforce Investment Board to develop and implement a competitive
grant program for eligible community-based and other training
workforce organizations preparing disadvantaged youth or veterans for
employment.
   (b) In developing and implementing the program, the board shall do
all of the following:
   (1) In consultation with the Energy Commission and the Public
Utilities Commission, develop a competitive process to award grants
to eligible entities and evaluate and select applications for grants.

   (2) Administer grants to eligible entities for the purposes of
work experience and job training on energy efficiency and clean
energy projects.
   (c) In awarding the grants, the California Workforce Investment
Board shall give priority to projects that include the following
elements:
   (1) Specific skills gained through hands-on application related to
energy efficiency and clean energy that is embedded in, or linked
to, a broader occupational training program.
   (2) Actual work experience gained through hands-on clean energy
project implementation.
   (3) Industry-recognized credentials and certificates.
   (4) Training that demonstrates a high probability of placement of
trainees into career track jobs.
   (5) A partnership with state-approved apprenticeship programs that
promote industry-recognized skills and credentials through work
experience and lead to placement in a state-approved apprenticeship
programs.
   26233.  (a)  Commencing with the 2013-14 fiscal year and through
the 2017-18 fiscal year, inclusive, the funds deposited annually in
the Job Creation Fund and remaining after the transfer pursuant to
Section 26227 and the appropriation pursuant to Section 26230 shall
be allocated, to the extent consistent with this division, as
follows:
   (1) Eighty-nine percent of the funds shall be available to local
educational agencies and allocated by the Superintendent of Public
Instruction pursuant to subdivision (b).
   (2) Eleven percent of the funds shall be available to community
college districts and allocated by the Chancellor of the California
Community Colleges at his or her discretion.
   (b) The Superintendent of Public Instruction shall allocate the
funds provided in paragraph (1) of subdivision (a) as follows:
   (1) Eighty-five percent on the basis of average daily attendance
reported as of the second principal apportionment for the prior
fiscal year.
   (A) For every local education agency with average daily attendance
as reported pursuant to this subdivision of 100 or less, the amount
awarded shall be fifteen thousand dollars ($15,000).
   (B) For every local education agency with average daily attendance
as reported pursuant to this subdivision in excess of 100, but 1,000
or less, the amount awarded shall be either that local educational
agency's proportional award on the basis of average daily attendance
or fifty thousand dollars ($50,000), whichever amount is larger.
   (C) For every local education agency with average daily attendance
as reported pursuant to this subdivision in excess of 1,000, but
less than 2,000, the amount awarded shall be either that local
education agency's proportional award on the basis of average daily
attendance or one hundred thousand dollars ($100,000), whichever
amount is larger.
   (D) For every local education agency with average daily attendance
as reported pursuant to this subdivision of 2,000 or more, the
amount awarded shall be the local education agency's proportional
award on the basis of average daily attendance.
   (2) Fifteen percent on the basis of students eligible for free and
reduced-price meals in the prior year.
   (3) For every local education agency that receives over one
million dollars ($1,000,000) pursuant to this subdivision, not less
than 50 percent of the funds shall be used for projects larger than
two hundred fifty thousand dollars ($250,000) that achieve
substantial energy efficiency, clean energy, and jobs benefits.
   (c) A local education agency subject to subparagraph (A) or (B) of
paragraph (1) of subdivision (b) may submit a written request to the
Superintendent of Public Instruction, by August 1 of each year, to
receive in the current year its funding allocation for both the
current year and the following year, both of which would be based on
the average daily attendance used in the current year for determining
funding pursuant to the applicable subparagraph. A local education
agency requesting funding pursuant to this subdivision shall not
receive a funding allocation in the year following the request.
   (d) A local education agency shall encumber funds received
pursuant to this section by June 30, 2018.
   26235.  (a) The Energy Commission, in consultation with the
Superintendent of Public Instruction, the Chancellor of the
California Community Colleges, and the Public Utilities Commission,
shall establish guidelines for the following:
   (1) 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 chapter.
   (2) Contractor qualifications, licensing, and certifications
appropriate for the work to be performed, provided that the Energy
Commission shall not create any new qualification, license, or
certification pursuant to this subparagraph.
   (3) Project evaluation, including the following:
   (A) Benchmarks or energy rating systems to select best candidate
facilities.
   (B) Use of energy surveys or audits to inform project
opportunities, costs, and savings.
   (C) Sequencing of facility improvements.
   (D) Methodologies for cost-effectiveness determination.
   (4) 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
funding provided pursuant to this section. The Energy Commission
shall develop a simple preinstallation verification form that
includes project description, estimated energy savings, expected
number of jobs created, current energy usage, and costs. The Energy
Commission may develop benchmarking and other innovative facility
evaluation systems in coordination with the University of California.

   (5) Achievement of the maximum feasible energy efficiency or clean
energy benefits, as well as job creation benefits for Californians,
resulting from projects implemented pursuant to this chapter.
   (6) Where applicable, ensuring LEAs assist classified school
employees with training and information to better understand how they
can support and maximize the achievement of energy savings
envisioned by the funded project.
   (b) The Energy Commission shall allow the use of data analytics of
energy usage data, where possible, in the energy auditing,
evaluation, inventorying, measuring, and verification of projects. To
ensure quality of results, data analytics providers shall have
received prior technical validation by the Energy Commission, a local
utility, or the Public Utilities Commission.
   (c) A community college district or LEA shall not use a sole
source process to award funds pursuant to this chapter. A community
college district or LEA may use the best value criteria as defined in
paragraph (1) of subdivision (c) of Section 20133 of the Public
Contract Code to award funds pursuant to this chapter.
   (d) The Energy Commission shall adopt the guidelines in accordance
with this section at a publicly noticed meeting and provide an
opportunity for public comment. The Energy Commission shall provide
written public notice of a meeting at least 30 days prior to the
meeting.
   (1) For substantive revision of the guidelines, the Energy
Commission shall provide written notice of a meeting at least 15 days
prior to the meeting at which the revision is to be considered or
adopted.
   (2) The adoption or revision of guidelines pursuant to this
subdivision is exempt from Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
   (e) Each participating LEA shall prioritize the eligible projects
within its jurisdiction taking into consideration, as applicable, at
least the following factors:
   (1) The age of the school facilities, as well as any plans to
close or demolish the facilities.
   (2) The proportion of pupils eligible for funds under Title I of
the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.) at particular schoolsites.
   (3) Whether the facilities have been recently modernized.
   (4) The facilities' hours of operation, including whether the
facilities are operated on a year-round basis.
   (5) The school's energy intensity as determined from an energy
rating or benchmark system such as the United States Environmental
Protection Agency's Energy Star system or other acceptable
benchmarking approach that may be available from local utilities, the
American Society for Heating, Refrigerating, and Air-Conditioning
Engineers, Inc., or reputable building analysis software as is
appropriate to the size, budget, and expertise available to the
school.
   (6) The estimated financial return of each project's investment
over the expected lifecycle of the project, in terms of net present
value and return on investment.
   (7) Each project's potential for energy demand reduction.
   (8) The anticipated health and safety improvements or other
nonenergy benefits for each project.
   (9) The individual or collective project's ability to facilitate
matriculation of local residents into state-certified apprenticeship
programs.
   (10) The expected number of trainees and direct full-time
employees likely to be engaged for each LEA's annual funding
commitments based upon a formula to be made available by the Energy
Commission or California Workforce Investment Board. The formula
shall be stated as labor-intensities per total project dollar
expended, and may differentiate by type of improvement, equipment, or
building trade involved.
   (11) The ability of the project to enhance workforce development
and employment opportunities, utilize members of the California
Conservation Corps, certified local conservation corps, Youth Build,
veterans, Green Partnership Academies, nonprofit organizations, high
school career technical academies, high school regional occupational
programs, or state-certified apprenticeship programs, or to
accommodate learning opportunities for school pupils or at-risk youth
in the community.
   (f) The Superintendent of Public Instruction shall not distribute
funds to an LEA unless the LEA has submitted to the Energy
Commission, and the Energy Commission has approved, an expenditure
plan that outlines the energy projects to be funded. An LEA shall
utilize a simple form expenditure plan developed by the Energy
Commission. The Energy Commission shall promptly review the plan to
ensure that it meets the criteria specified in this section and in
the guidelines developed by the Energy Commission. A portion of the
funds may be distributed to an LEA upon request for energy audits and
other plan development activities prior to submission of the plan.
   (g) 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.
   (h) Any limitation of funds awarded to individual projects
pursuant to this chapter shall not preclude or otherwise limit the
total amount of funds that a recipient LEA or community college may
otherwise be eligible to receive as a result of identifying multiple
projects that meet the overall objectives and criteria described in
this chapter.
   (i) For a school facility that is not publicly owned, a school
district receiving moneys pursuant to this chapter for a project for
that facility shall require that the school repay to the state all
moneys received from the Job Creation Fund for the project if the
school voluntarily vacates the facility within five years of project
completion. The facility owner shall repay to the state all moneys
received from the Job Creation Fund for the project if the school was
forced to vacate the facility within the life of the project
completion. All benefits of these public funds should be received by
the school utilizing the facility.
   (j) 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.
   26237.  The Energy Commission shall maintain information on the
local education agencies and community college districts that receive
grants, loans, or other financial assistance under this chapter. The
publicly available and searchable database shall include relevant
metrics, to be determined by the Energy Commission, for electric,
gas, and cost savings of the projects.
   26240.  (a) In order to later quantify the costs and benefits of
funded projects, an entity that receives funds from the Job Creation
Fund 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 Energy Commission.
   (b) As a condition of receiving funds from the Job Creation Fund,
not sooner than one year but no later than 15 months after an entity
completes its first eligible project with a grant, loan, or other
assistance from the Job Creation Fund, the entity shall submit a
report of its project expenditures to the Citizens Oversight Board
created pursuant to Chapter 3 (commencing with Section 26210). To the
extent practical, this report shall also contain information on any
of the following:
   (1) The total final gross project cost before deducting any
incentives or other grants and the percentage of total project cost
derived from the Job Creation Fund.
   (2) The estimated amount of energy saved, accompanied by specified
energy consumption and utility bill cost data for the individual
facility where the project is located, in a format to be specified by
the Energy Commission.
   (3) The nameplate rating of new clean energy generation installed.

   (4) The number of trainees.
   (5) The number of direct full-time equivalent employees and the
average number of months or years of utilization of each of these
employees.
   (6) The amount of time between awarding of the financial
assistance and the completion of the project or training activities.
   (7) The entity's energy intensity before and after project
completion, as determined from an energy rating or benchmark system,
to be determined by the Energy Commission, such as the United States
Environmental Protection Agency's Energy Star system or other
acceptable benchmarking approach that may be available from local
utilities, the American Society for Heating, Refrigerating, and
Air-Conditioning Engineers, Inc., or a publicly available building
analysis software as is appropriate to the size, budget, and
expertise available to the school.
   (c) If an LEA completes more than one project, the required
information for a second and any subsequent project shall be
submitted no later than the first full quarter following project
completion.
   (d) To minimize the calculation burden on LEAs, the Energy
Commission shall develop a method to utilize the data submitted by
each recipient LEA in its project reports, such as utility
consumption data, building operating characteristics, and other
information, to calculate for each project, LEA, or the state as a
whole the actual or estimated energy and cost savings. This method
shall include a means to combine gas and electric savings into a
combined cost of saved energy factor and to report on other economic
and investment performance metrics. The Energy Commission shall
prepare an annual summary of the expenditures, energy savings,
effective cost of saved energy or return on investment, and
employment effects of each year's completed projects, and shall
provide this report to the Citizens Oversight Board.
   (e) The California Workforce Investment Board, in consultation
with the Energy Commission, shall utilize the reports filed with the
Citizens Oversight Board to quantify total employment affiliated with
funded projects, as well as to estimate new trainee, apprentice, or
full-time jobs resulting from Job Creation Fund activity. The
California Workforce Investment Board shall prepare a report with
this information annually and submit it to the Citizens Oversight
Board.
   (f) The Citizens Oversight Board shall report the information it
receives pursuant to subdivisions (a) to (e), inclusive, to the
Legislature as part of its responsibilities pursuant to subdivision
(d) of Section 26210. The Citizens Oversight Board's report shall be
submitted annually and posted on a publicly accessible Internet Web
site.
   (g) Funding provided to LEAs pursuant to this chapter is subject
to annual audits required by Section 41020 of the Education Code.
Funding provided to community college districts pursuant to this
chapter is subject to annual audits required by Section 84040 of the
Education Code.
   (h) (1) The Superintendent of Public Instruction shall require
local education agencies to pay back funds if they are not used in
accordance with state statute or regulations, if a project is torn
down or remodeled, or if the property is deemed to be surplus and
sold prior to the payback of the project.
   (2) The Chancellor of the California Community Colleges shall
require a community college to pay back funds if they are not used in
accordance with state statute or regulations, if a project is torn
down or remodeled, or if the property is deemed to be surplus and
sold prior to the payback of the project.
  SEC. 3.  Section 25415 of the Public Resources Code is amended to
read:
   25415.  (a) Each eligible institution to which an allocation has
been made under this chapter shall repay the principal amount of the
allocation, plus interest, in not more than 40 equal semiannual
payments, as determined by the commission. Loan repayments shall be
made in accordance with a schedule established by the commission. The
repayment period may not exceed the life of the equipment, as
determined by the commission or the lease term of the building in
which the energy conservation measures will be installed.
   (b) Notwithstanding any other law, the commission shall, unless it
determines that the purposes of this chapter would be better served
by establishing an alternative interest rate schedule, periodically
set interest rates on the loans based on surveys of existing
financial markets and may authorize no-interest loans.
   (c) The governing body of each eligible institution shall annually
budget an amount at least sufficient to make the semiannual payments
required in this section. The amount shall not be raised by the levy
of additional taxes but shall instead be obtained by a savings in
energy costs or other sources.
  SEC. 4.   This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.