BILL NUMBER: SB 1672 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 6, 2008
AMENDED IN SENATE APRIL 3, 2008
INTRODUCED BY Senator Steinberg
FEBRUARY 22, 2008
An act to add Division 16.2 (commencing with Section 26200) to the
Public Resources Code, relating to energy, by providing the funds
necessary therefor through an election for the issuance and sale of
bonds of the State of California and for the handling and disposition
of those funds.
LEGISLATIVE COUNSEL'S DIGEST
SB 1672, as amended, Steinberg. Energy: Renewable Energy, Climate
Change, Career Technical Education, and Clean Technology Job Creation
Bond Act of 201_. 2010.
Existing law provides various funding sources for energy
efficiency projects and related purposes.
This bill, subject to voter approval at the 201___,
2010, ____ election, would enact the Renewable
Energy, Climate Change, Career Technical Education, and Clean
Technology Job Creation Bond Act of 201_ 2010
to authorize the issuance and sale of $3,000,000,000 in state
general obligation bonds for specified purposes, including
the development of investments in renewable
energy and energy efficiency and conservation jobs,
businesses, and educational and worker training programs ;
the development of clean technology businesses and jobs, and
educational and worker training programs; and the development of
businesses, technologies, infrastructure investment, and
jobs , apprenticeships, and internsh ips
that will help California adapt to climate change with special
attention for actions that will benefit disadvantaged communities.
The bill would create the Renewable Energy, Climate Change, Career
Technical Education, and Clean Technology Job Creation Council
comprised of 14 members. The council would be required to issue
guidelines to implement the purposes of this act.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Division 16.2 (commencing with Section 26200) is added
to the Public Resources Code, to read:
DIVISION 16.2. Renewable Energy, Climate Change, Career
Technical Education, and Clean Technology Job Creation Bond Act of
201_ 2010
CHAPTER 1. GENERAL PROVISIONS
26200. This division shall be known and may be cited as the
Renewable Energy, Climate Change, Career Technical Education, and
Clean Technology Job Creation Bond Act of 201_
2010 .
26201. (a) The Legislature finds and
declares all of the following:
(a)
(1) California's international leadership in renewable
energy, energy conservation, clean technology, and climate
change policies creates significant, but dramatically underfunded,
opportunities to provide strategic capital investments in energy
conservation, clean technologies, and renewable energy, including
projects that contribute directly to workforce development and
educational opportunities for high school students, young workers,
community college students and graduates, youth who participate in
community or state service organizations, college and university
students and graduates, apprenticeship programs for building and
construction trades and other technical and vocational careers, and
training programs for unemployed, underemployed, or displaced workers
and high school dropouts.
(b)
(2) California has an opportunity to combine the
education and training of both its future college-educated workforce,
the underemployment of recent high school graduates, and its highly
skilled technical workforce with its effort to combat high school
dropouts and the retraining of workers who have been displaced by the
loss of high-wage jobs in California. Clean technology jobs and
renewable energy jobs (green collar jobs) can provide underserved
communities with a pathway out of poverty, a new and inspiring focus
for educational institutions and nonprofit organizations, and
significant statewide economic and environmental benefits.
(c) Student opportunities for relevant, career-focused education
at the middle and high school levels have diminished in recent years
with the decline in investments in career technical education. Career
technical education programs that create paths to further education
or productive jobs in high opportunity careers can keep students
engaged in school and on track toward a diploma.
(3) A 2006 poll of at-risk California 9th and 10th graders by
Peter D. Hart Research Associates found that six in 10 students were
not motivated to succeed in school. Of those students, more than 90
percent said they would be more engaged in their education if classes
helped them acquire skills and knowledge relevant to future careers.
Career technical education programs that create paths to further
education, advanced training, or productive jobs in high opportunity
careers can keep students engaged and on track toward a diploma.
(d)
(4) Investments in renewable energy, energy
conservation, clean technologies, climate change mitigation, and
that develop the workforce for these industries will provide
multiple benefits to California by (1) (A)
creating employment opportunities for citizens whose
talents Californians that would otherwise not be
fully realized, (2) (B) creating
opportunities for new businesses, and the expansion and
retrofitting of existing businesses, and (3)
(C) expanding the state's utilization of renewable energy
and contributing to the growth of clean technology businesses in
California both of , all of which will
help achieve the state's climate change goals required by the
California Global Warming Solutions Act of 2006, Division 25.5
(commencing with Section 38500) of the Health and Safety Code.
(e)
(5) A failure to act by California will perpetuate the
lack of an integrated education, job training, and business
infrastructure that otherwise could take advantage of the projected
growth in these industries and the corresponding increase in state
and local taxes , other public revenues, and
other additional economic benefits associated
with the likely surge in clean-technology
clean technology jobs. The American Solar Energy Association,
for example, concludes concluded that
in 2006 approximately 3.6 million Americans were directly employed by
renewable energy and energy efficiency firms and that another 5
million Americans held jobs indirectly attributable to these
industries. The renewable and energy efficiency industries of America
generated approximately nine hundred seventy-five million dollars
($975,000,000) in revenue in 2006. These industries could employ a
workforce of up to 40 million Americans, and could generate four
trillion five hundred billion dollars ($4,500,000,000,000) in annual
revenue by 2030 if these industries were expanded aggressively.
(f)
(6) The Renewable and Appropriate Energy Laboratory in
Berkeley found that renewable energy creates more jobs per megawatt
of power installed, per unit of energy produced, and per dollar of
investment, than the fossil fuel energy-based sector.
(g)
(7) The forecast of new job growth of the Million Solar
Roof Initiative has slowed because of a lack of trained workers.
(h)
(8) A study by the Apollo Alliance, a coalition of
business, labor, and environmental organizations, showed that a major
national investment in renewable energy, alternative automobiles and
fuels, high-performance buildings, and infrastructure would result
in the creation of nearly 3.5 million green collar jobs for Americans
over a 10-year period.
(b) (1) It is the intent of the people of the State of California
and the Legislature in approving this measure to stimulate the
economy of the State of California, to create tens of thousands of
good paying jobs in nonpolluting industries and businesses, to
provide to entrepreneurs and employers the best-trained workforce in
the United States, and to prepare young people and adults to work in
clean, green industries and professions. These jobs would provide
green pathways out of poverty for individuals in communities that
suffer higher high school dropout rates, joblessness, and pollution.
These jobs would help achieve California's climate change mitigation
obligations and conserve our state's vital resources of water, land,
and energy. These investments would enable California to offer
opportunities for business leaders, communities, young people, and
adults alike, all of which would benefit from California's emerging
new green economy.
(2) It is the intent of the people of the State of California and
the Legislature that reducing the rate of high school dropouts and
joblessness among California's young people who are preparing for and
entering the job market should become important state priorities
and, to the maximum extent feasible, investments in alleviating these
conditions should be considered capital investments in Californians
that will endure for decades and that are entitled to the same
treatment as investments in other capital improvement projects.
(3) It is the intent of the people of the State of California and
the Legislature that the investments authorized by this measure would
help California achieve its obligations to reduce emissions of
greenhouse gases in keeping with the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code), and other state laws, and that the
investments authorized in this measure would also provide for
significant improvements to California's efforts to conserve water,
reduce emissions that cause climate change, conserve energy, and
improve air quality.
26202. As used in this division, the following terms have the
following meanings:
(a) "Board" means the Resources Agency.
(b) "Capital outlay projects" means any of the following:
(1) A capital outlay project as defined in Section 3 of the Budget
Act of 2007.
(2) A project that retools or retrofits an existing physical plant
of an eligible entity or educational facility, including the
installation of new or updated information technology and computer
systems that shall be operated consistent with this division.
(3) A project, including, but not limited to, job training
programs, that reduces high school dropout rates or joblessness and
the benefits of the project endure for decades and assists in meeting
California's greenhouse gas emissions reduction goals.
(b)
(c) "Clean technology" includes, but is not limited to,
those economic activities that result in the development of
permanent or long-term jobs in California that are dedicated to
improvements in environmental quality and
local air quality and the mitigation of climate change, including
energy and water conservation , and that comply with California'
s environmental laws and policies. These economic activities include,
but are not necessarily limited to, both the training for,
and the accomplishment of, all of the following: the
development and training of the required workforce and the
implementation of any of the following:
(1) Energy audits.
(2) Retrofits and weatherization activities that increase energy
efficiency and conservation.
(3) Construction of energy- and water-efficient public buildings.
(3)
(4) Retrofitting and installing energy-efficient
household appliances, windows, doors, insulation, and lighting.
(5) Retrofitting and installing water and energy conservation
technologies in existing homes, industrial plants, commercial and
public buildings, and farms and ranches, to improve their design and
efficiency, including the use of energy and water management and
control systems.
(4)
(6) The manufacture, sale, installation,
construction, and maintenance of energy-efficient
technologies and renewable energy facilities or the component
parts of renewable energy technologies.
(5)
(7) Jobs at all skill levels in manufacturing,
installation, repair, maintenance, assembly, construction,
systems integration, servicing, transporting, and recycling
related to energy-efficient technologies or practices and
renewable energy production or the component parts of renewable
energy plants and energy distribution in qualified industries,
including energy storage, energy infrastructure (including
transmission), transportation (including logistics), water and
wastewater (including water conservation), materials, and other
sectors that are consistent with this division .
(6) Scientific, engineering, and research positions in qualified
industries.
(7) Information technology and computer systems in qualified
industries.
(8) Skilled trades and other technical positions in qualified
industries.
(9) Assembly and mechanical positions within qualified industries.
(10) Management analysts, construction supervisors, managers and
workers, and affiliated support personnel within qualified
industries.
(11) Forestry, agricultural, and conservation workers to the
extent they are employed in a clean technology enterprise or
otherwise contributing to California's climate change goals.
(8) Jobs that encourage pollution prevention, chemical
substitution, or reduction of chemical pollution and usage that
negatively affects the environment, including surface and
groundwater.
(9) Projects undertaken by companies or workers in the forestry,
agricultural, and land conservation sectors, to the extent those
project advance a clean technology enterprise or are otherwise
contributing to California's climate change goals as determined by
the State Air Resources Board.
(c)
(d) "Committee" means the Renewable Energy, Climate
Change, Career Technical Education, and Clean Technology Job Creation
Finance Committee created pursuant to Section 26208.
(d)
(e) "Council" means the Renewable Energy, Climate
Change, Career Technical Education, and Clean Technology Job Creation
Council and shall be comprised of the following 14 individuals, or
in the case of the state elected officials, and agency or commission
members, their designees:
(1) A chairperson with demonstrated excellence in creating
effective working relationships among clean technology or renewable
energy businesses, labor organizations , and educational
institutions, preferably in the context of providing assistance to
disadvantaged communities, who shall be appointed by the Governor.
(2) An individual with demonstrated expertise with developing
career technical education programs at the high school or community
college level, preferably with additional expertise in clean
technology, renewable energy, or workforce development, appointed by
the Governor.
(3) The Secretary of Labor and Workforce Development.
(4) The Treasurer.
(5) The Secretary of the Resources Agency.
(6) The Secretary for Environmental Protection.
(7) The Superintendent of Public Instruction.
(8) The Chancellor of the California Community Colleges.
(9) The Secretary for Education.
(10) The President of the Public Utilities Commission.
(11) The Chair of the State Energy Resources Conservation and
Development Commission.
(12) The Director of the California Conservation Corps.
(13) One member appointed by the Speaker of the Assembly and one
member appointed by the Senate Committee on Rules, both of whom shall
represent the clean technology industry, the renewable energy
industry, or an educational institution including a community
college, a public sector service
organization, a private nonprofit organization, or a labor
organization that develops programs for or trains workers or
provides educational or workforce training for students
for these industries .
(e)
(f) "Disadvantaged community" means a community with a
median household income that is less than 89 percent of the statewide
average. "Severely disadvantaged community" means a community with a
median household income that is less than 60 percent of the
statewide average.
(f)
(g) "Eligible entity" means any of the following:
(1) A qualified nonprofit organization.
(1) A nonprofit organization that is qualified under Section 501
(c)(3) of the Internal Revenue Code and that is registered to do
business in California, and that enters into agreements, including,
but not limited to, partnerships, contracts, memoranda of
understanding, or other mutually agreed upon arrangements with middle
schools, high schools, or community colleges to support middle
school career exploration activities; curriculum and professional
development; high school pathway programs that integrate academic and
technical learning to prepare students for both college and careers,
including a sequence or cluster of three or more courses that align
with the State Board of Education-approved career technical education
standards and frameworks, and may be delivered through comprehensive
high schools, regional occupation programs, adult education
programs, partnership academies, or alternative education programs;
and other programs designed to engage middle and high school students
and motivate those students to pursue further education, training
for, and job placement in, a clean technology or renewable energy
field.
(2) A business entity, including, but not limited to, a public
or investor-owned utility that enters into agreements,
including, but not limited to, partnerships, contracts, memoranda of
understanding, or other mutually agreed upon arrangements with middle
schools, high schools, or community colleges to support middle
school career exploration activities; curriculum and professional
development; high school pathway programs that integrate academic and
technical learning to prepare students for both college and careers,
including a sequence or cluster of three or more courses that align
with the State Board of Education-approved career technical education
standards and frameworks, and may be delivered , in part,
through through comprehensive high schools,
regional occupation programs or adult education programs, or
both types of , adult education programs,
partnership academies, or alternative education programs; and
other programs designed to engage middle and high school students and
motivate them to pursue further education, training for and job
placement in a clean technology or renewable energy field.
(3) An educational institution accredited by the Western
Association of Schools and Colleges.
(4) A public middle or high school.
(5) A labor organization.
(3) A state, local, regional, or county program, or qualified
nonprofit organization that provides education, job training, or
career opportunities for minors or adults on probation or parole or
currently incarcerated, or a similar program or organization
providing education, job training, or career opportunities to minors
or adults as part of an alternative to incarceration or adjudication
that is consistent with the Penal Code.
(4) A postsecondary educational institution, accredited by the
Western Association of Schools and Colleges and with its principal
place of business in California, that enters into agreements,
including, but not limited to, partnerships, contracts, memoranda of
understanding, or other mutually agreed upon arrangements with middle
schools, high schools, or community colleges to support middle
school career exploration activities; curriculum and professional
development; high school pathway programs that integrate academic and
technical learning to prepare students for both college and careers,
including a sequence or cluster of three or more courses that align
with the State Board of Education-approved career technical education
standards and frameworks, and may be delivered through comprehensive
high schools, regional occupation programs, adult education
programs, partnership academies, or alternative education programs;
and other programs designed to engage middle and high school students
and motivate those students to pursue further education, training
for, and job placement in a clean technology or renewable energy
field.
(5) A local educational agency that enters into agreements,
including, but not limited to, partnerships, contracts, memoranda of
understanding, or other mutually agreed upon arrangements with a
local or regional business entity, labor organization, or nonprofit
organization to support middle school career exploration activities;
curriculum and professional development; high school pathway programs
that integrate academic and technical learning to prepare students
for both college and careers, including a sequence or cluster of
three or more courses that align with the State Board of
Education-approved career technical education standards and
frameworks, and may be delivered through comprehensive high schools,
regional occupation programs, adult education programs, partnership
academies, or alternative education programs; and other programs
designed to engage middle and high school students and motivate those
students to pursue further education, training for, and job
placement in a clean technology or renewable energy field.
(6) A labor organization, including an affiliated apprenticeship
program, that enters into agreements, including, but not limited to,
partnerships, contracts, memoranda of understanding, or other
mutually agreed upon arrangements with middle schools, high schools,
or community colleges to support middle school career exploration
activities; curriculum and professional development; high school
pathway programs that integrate academic and technical learning to
prepare students for both college and careers, including a sequence
or cluster of three or more courses that align with the State Board
of Education-approved career technical education standards and
frameworks, and may be delivered through comprehensive high schools,
regional occupation programs, adult education programs, partnership
academies, or alternative education programs; and other programs
designed to engage middle and high school students and motivate those
students to pursue further education, training for, and job
placement in a clean technology or renewable energy field.
(6)
(7) A federal, state, or local service organization,
including, but not limited to, the California Conservation Corps
and , or a certified local conservation
corps, or a public or private nonprofit agency that entered
into a contract with the California Conservation Corps
pursuant to Section 14406. .
(8) Regional collaboratives consisting of local education
agencies, higher education institutions, businesses, or
community-based organizations, including workforce investment boards
and regional workforce or economic development entities that enter
into agreements, including, but not limited to, partnerships,
contracts, memoranda of understanding, or other mutually agreed upon
arrangements with middle schools, high schools, or community colleges
to support middle school career exploration activities; curriculum
and professional development; high school pathway programs that
integrate academic and technical learning to prepare students for
both college and careers, including a sequence or cluster of three or
more courses that align with the State Board of Education-approved
career technical education standards and frameworks, and may be
delivered through comprehensive high schools, regional occupation
programs, adult education programs, partnership academies, or
alternative education programs; and other programs designed to engage
middle and high school students and motivate those students to
pursue further education, training for, and job placement in a clean
technology or renewable energy field.
(7)
(9) Any other entity approved by the board.
(g)
(h) "Fund" means the Renewable Energy, Climate Change,
Career Technical Education, and Clean Technology Job Creation Fund of
201_, 2010, created pursuant to
Section 26203.
(h) "Renewable energy" includes the research and development,
manufacturing generation, development and maintenance of power line
transmission, installation, repair, maintenance, and related
activities necessary to produce energy from wind, photovoltaics,
solar thermal, geothermal, biomass including ethanol, biodiesel,
greenwaste, and biomass power, fuel cells, and hydrogen in a manner
that complies with California's environmental laws and policies.
(i) "Pollution" has the same meaning as that set forth in Section
44507 of the Health and Safety Code.
(j) "Renewable energy" includes the research and development,
manufacturing, generation, development, and maintenance of
appropriately sited power line transmission, power storage,
installation, repair, maintenance, and related activities necessary
to produce energy from wind, photovoltaic, solar thermal, geothermal,
biomass, including cellulosic ethanol, biodiesel, and biomass power,
green waste, fuel cells, and hydrogen in a manner that complies with
California's environmental laws and policies.
CHAPTER 2. RENEWABLE ENERGY, CLIMATE CHANGE, CAREER TECHNICAL
EDUCATION, AND CLEAN TECHNOLOGY JOB CREATION FUND AND PROGRAM
26203. The proceeds of bonds issued and sold pursuant to this
division shall be deposited in the Renewable Energy, Climate Change,
Career Technical Education, and Clean Technology Job Creation Fund of
201_, 2010, which is hereby created in
the State Treasury. The moneys in the fund shall be administered by
the Resources Agency and shall be available for appropriation by the
Legislature, for capital outlay projects in the manner and
for the purposes set forth in this division in accordance with the
following schedule:
(a) (1) The sum of one billion dollars
($1,000,000,000) for the development of
investments in renewable energy and energy efficiency and
conservation , including funding for the necessary capital
outlay projects that will help achieve the objectives of this
division and that may include projects that create jobs,
businesses, and educational and worker training programs,
including programs to educate students, reduce
the high school dropout rate , train workers, and that
will benefit disadvantaged communities and severely
disadvantaged communities . At least 30 percent of this amount
shall be designated for a revolving loan program developed by the
council. Programs
(2) Programs to reduce the high
school dropout rate may include, but are not limited to, middle
school career exploration activities; curriculum and professional
development; high school pathway programs that
integrate academic and technical learning
to prepare students for both college and careers, including a
sequence or cluster of three or more courses that align with the
State Board of Education-approved career technical education
standards and frameworks, and may be delivered , in part,
through through comprehensive high schools,
regional occupation programs or adult education programs or
both types of , adult education programs, partnership
academies, or alternative education programs; and other
programs designed to engage middle and high school students and
motivate them to pursue further education and training for and job
placement in a clean technology or renewable energy field.
(b) (1) The sum of one billion dollars
($1,000,000,000) for the development of clean technology businesses
and jobs, and educational and worker training programs, including
programs to reduce the high school dropout rate, and that will
benefit disadvantaged communities and severely disadvantaged
communities that the council determined to be capital outlay projects
. At least 30 percent of this amount shall be designated for a
revolving loan program developed by the council. Programs
(2) Programs to reduce the high
school dropout rate may include, but are not limited to, middle
school career exploration activities; curriculum and professional
development; high school pathway programs that integrate academic and
technical learning to prepare students for both college and careers,
including a sequence or cluster of three or more courses that align
with the State Board of Education-approved career technical education
standards and frameworks, and may be delivered , in part,
through through comprehensive high schools,
regional occupation programs or adult education programs or
both types of , adult education programs, partnership
academies, or alternative education programs; and other
programs designed to engage middle and high school students and
motivate them to pursue further education and training for and job
placement in a clean technology or renewable energy field.
(c) The sum of one billion dollars ($1,000,000,000) for the
development of businesses, technologies, infrastructure investment,
jobs, apprenticeships, and internships for middle school, high
school, and postsecondary education students and adults that
will help California adapt to climate change with special attention
for actions that will benefit disadvantaged communities and
severely disadvantaged communities that the council determined to be
capital outlay projects . At least 30 percent of this amount
shall be designated for a revolving loan program developed by the
council.
(d) From the funds made available through each of subdivisions (a)
to (c), inclusive, the council shall allocate up to ____ dollars
($____) in relatively equal annual increments, or additional sums as
appropriated from other sources by the Legislature, to capital
projects selected competitively that involve broad public-private
partnerships for regional green job workforce development. The
council shall determine that the projects are appropriate capital
outlay projects. Applicants shall demonstrate a history of successful
multisector collaboration or a high likelihood of a successful
multisector collaboration. These projects shall include, at a
minimum, representatives of firms in clean technology, renewable
energy, energy conservation or retrofitting, or related interests
with high workforce training needs. These projects shall have the
active involvement of regional experts in career technical education
or workforce development. Priority for these grants shall be awarded
to applicants that submit the most carefully integrated regional
proposals that provide multiple benefits that are consistent with
this division and that accomplish any of the following:
(1) Improve high school graduation rate.
(2) Train incumbent workers for career advancement in businesses
and industries that are engaged in economic activities that advance
the objectives of this division, including, but not limited to,
businesses engaged in clean technology, renewable energy, and climate
change mitigation.
(3) Contribute to the creation of jobs or job training in
disadvantaged or severely disadvantaged communities and as an
alternative to commitment to the criminal justice system or to those
who were formerly incarcerated.
26204. (a) The council shall develop guidelines for competitive
grants and revolving loans that will be awarded over a period of ____
years in approximately equal annual increments for the purposes set
forth in Section 26203. A minimum of ____ percent of the funds
granted shall benefit disadvantaged communities.
(b) The guidelines shall specify a minimum and maximum grant award
amount and shall require that grants be awarded in a geographically
equitable fashion. The guidelines shall define, where appropriate, a
required cost share by a grant applicant, and the required percentage
of a project's economic or programmatic activity that is generated
by the grant that must be performed or realized in California.
(c) Cost share shall not be required for owner-occupied structures
in disadvantaged or severely disadvantaged communities, but these
projects may be eligible for a revolving loan as determined by the
council.
(d) The council shall develop a public outreach and education
effort, and shall provide eligible applicants with technical
assistance in submitting grant applications. The public outreach and
education effort and the technical assistance provisions shall be
posted on one or more state government Internet Web sites selected by
the council or it may develop a new Internet Web site.
(e) The council may use appropriate state agency personnel in
administering the public outreach, education, technical assistance,
guideline development, and grant application review provisions
provided that such efforts are otherwise consistent with this
division.
(f) The council shall award grants and adopt guidelines for
awarding competitive grants as set forth in this division.
CHAPTER 3. MISCELLANEOUS PROVISIONS
26205. (a) The Legislature may enact legislation necessary to
implement this division.
(b) Every proposed activity or project to be financed pursuant to
this division shall be in compliance with the California
Environmental Quality Act, Division 13 (commencing with Section
21000).
(c) Acquisitions of real property pursuant to this division shall
be from willing sellers.
(d) Up to 5 percent of the funds allocated to a program pursuant
to this division may be used to pay the costs incurred in the
administration of that program.
(e) Up to 10 percent of funds allocated for a program pursuant to
this division may be used to finance planning and monitoring
necessary for the successful design, selection, and implementation of
the projects authorized under that program. This subdivision does
not otherwise restrict funds ordinarily used by an agency or
department for preliminary plans, working drawings, and construction
as defined in the annual Budget Act for a capital outlay project or
grant project.
(f) The body awarding a contract for a public works project
financed in part from funds made available pursuant to this division
shall adopt and enforce, or contract with a third party to enforce, a
labor compliance program pursuant to subdivision (b) of Section
1771.5 of the Labor Code that shall be applicable to that public
works project.
(g) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to the
development and adoption of program guidelines and selection criteria
adopted pursuant to this division.
(h) The chair of the council or his or her designee shall provide
for an annual independent audit of expenditures pursuant to this
division to ensure that all moneys are expended in accordance with
this division.
26205.5. The provisions of this division are severable. If any
provision of this division or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
CHAPTER 4. FISCAL PROVISION
26206. Bonds in the total of three billion dollars
($3,000,000,000), or so much thereof as is necessary, not including
the amount of any refunding bonds, or so much thereof as is
necessary, may be issued and sold to provide a fund to be used for
carrying out the purposes expressed in this division and to reimburse
the General Obligation Bond Expense Revolving Fund pursuant to
Section 16724.5 of the Government Code. The bonds, when sold, shall
be and constitute a valid and binding obligation of the State of
California, and the full faith and credit of the State of California
is hereby pledged for the punctual payment of both principal of, and
interest on, the bonds as the principal and interest become due and
payable.
26207. The bonds authorized by this division shall be prepared,
executed, issued, sold, paid, and redeemed as provided in the State
General Obligation Bond Law (Chapter 4 (commencing with Section
16720) of Part 3 of Division 4 of Title 2 of the Government Code),
except subdivision (a) of Section 16727 of the Government Code to the
extent that it is inconsistent with this division, and all of the
other provisions of that law as amended from time to time apply to
the bonds and to this division and are hereby incorporated in this
division as though set forth in full in this division.
26208. (a) Solely for the purpose of authorizing the issuance and
sale pursuant to the State General Obligation Bond Law of the bonds
authorized by this division, the Renewable Energy, Climate Change,
Career Technical Education, and Clean Technology Job Creation Finance
Committee is hereby created. For the purposes of this division, the
Renewable Energy, Climate Change, Career Technical Education, and
Clean Technology Job Creation Finance Committee is "the committee" as
that term is used in the State General Obligation Bond Law. The
committee consists of the Treasurer, the Controller, and the Director
of Finance, or a designated representative of each of those
officials. The Treasurer shall serve as the chairperson of the
committee. A majority of the committee may act for the committee.
(b) For the purposes of the State General Obligation Bond Law, the
Resources Agency is designated to be the "board."
26209. Upon request of the board stating that funds are needed
for purposes of this division, the committee shall determine whether
or not it is necessary or desirable to issue bonds authorized
pursuant to this division in order to carry out the actions specified
in Chapter 2 (commencing with Section 26203), and, if so, the amount
of bonds to be issued and sold. Successive issues of bonds may be
authorized and sold to carry out those actions progressively, and it
is not necessary that all of the bonds authorized to be issued be
sold at any one time.
26210. There shall be collected each year in the same manner and
at the same time as other state revenue is collected, in addition to
the ordinary revenues of the state, a sum in an amount required to
pay the principal of, and interest on, the bonds each year. It is the
duty of all officers charged by law with any duty in regard to the
collection of the revenue to do and perform each and every act that
is necessary to collect that additional sum.
26211. Notwithstanding Section 13340 of the Government Code,
there is hereby appropriated from the General Fund in the State
Treasury, for the purposes of this division, an amount that will
equal the total of the following:
(a) The sum annually necessary to pay the principal of, and
interest on, bonds issued and sold pursuant to this division, as the
principal and interest become due and payable.
(b) The sum necessary to carry out Section 26212, appropriated
without regard to fiscal years.
26212. For the purpose of carrying out this division, the
Director of Finance may authorize the withdrawal from the General
Fund of an amount not to exceed the amount of the unsold bonds that
have been authorized by the committee to be sold for the purpose of
carrying out this division. Any amounts withdrawn shall be deposited
in the fund. Any money made available under this section shall be
returned to the General Fund, plus the interest the amounts would
have earned in the Pooled Money Investment Account, from proceeds
received from the sale of bonds for the purpose of carrying out this
division.
26213. All money deposited in the fund that is derived from
premium and accrued interest on bonds sold shall be reserved in the
fund and shall be available for transfer to the General Fund as a
credit to expenditures for bond interest.
26214. Pursuant to Chapter 4 (commencing with Section 16720) of
Part 3 of Division 4 of Title 2 of the Government Code, the cost of
bond issuance shall be paid out of the bond proceeds. These costs
shall be shared proportionally by each program funded through this
bond act.
26215. The board may request the Pooled Money Investment Board to
make a loan from the Pooled Money Investment Account, including
other authorized forms of interim financing that include, but are not
limited to, commercial paper, in accordance with Section 16312 of
the Government Code, for purposes of carrying out this division. The
amount of the request shall not exceed the amount of the unsold bonds
that the committee, by resolution, has authorized to be sold for the
purpose of carrying out this division. The board shall execute any
documents required by the Pooled Money Investment Board to obtain and
repay the loan. Any amounts loaned shall be deposited in the fund to
be allocated in accordance with this division.
26216. The bonds may be refunded in accordance with Article 6
(commencing with Section 16780) of Chapter 4 of Part 3 of Division 4
of Title 2 of the Government Code, which is a part of the State
General Obligation Bond Law. Approval by the voters of the state for
the issuance of the bonds described in this division includes the
approval of the issuance of any bonds issued to refund any bonds
originally issued under this division or any previously issued
refunding bonds.
26217. Notwithstanding any other provision of this division, or
of the State General Obligation Bond Law, if the Treasurer sells
bonds pursuant to this division that include a bond counsel opinion
to the effect that the interest on the bonds is excluded from gross
income for federal tax purposes, subject to designated conditions,
the Treasurer may maintain separate accounts for the investment of
bond proceeds and for the investment of earnings on those proceeds.
The Treasurer may use or direct the use of those proceeds or earnings
to pay any rebate, penalty, or other payment required under federal
law or take any other action with respect to the investment and use
of those bond proceeds required or desirable under federal law to
maintain the tax exempt status of those bonds and to obtain any other
advantage under federal law on behalf of the funds of this state.
26218. The Legislature hereby finds and declares that, inasmuch
as the proceeds from the sale of bonds authorized by this division
are not "proceeds of taxes" as that term is used in Article XIII B of
the California Constitution, the disbursement of these proceeds is
not subject to the limitations imposed by that article.
SEC. 2. Section 1 of this act shall take effect only upon the
approval by the voters of the Renewable Energy, Climate Change,
Career Technical Education, and Clean Technology Job Creation Bond
Act of 201_, 2010, as set forth in
Section 1 of this act.
SEC. 3. Section 1 of this act shall be submitted to the voters at
the 201_, 2010, ____ election in
accordance with provisions of the Government Code and the Elections
Code governing the submission of a statewide measure to the voters.
SEC. 4. (a) Notwithstanding any other provision of law, all
ballots of the election shall have printed thereon and in a square
thereof, the words: "Renewable Energy, Climate Change, Career
Technical Education, and Clean Technology Job Creation Bond Act of
201_ 2010 and in the same square under
those words, the following in 8-point type: "This act provides for a
bond issue of three billion dollars ($3,000,000,000) to provide funds
for a Renewable Energy, Climate Change, Career Technical Education,
and Clean Technology Job Creation Program." Opposite the square,
there shall be left spaces in which the voters may place a cross in
the manner required by law to indicate whether they vote for or
against the act.
(b) Notwithstanding Sections 13247 and 13281 of the Elections
Code, the language in subdivision (a) shall be the only language
included in the ballot label for the condensed statement of the
ballot title, and the Attorney General shall not supplement, subtract
from, or revise that language, except that the Attorney General may
include the financial impact summary prepared pursuant to Section
9087 of the Elections Code and Section 88003 of the Government Code.
(c) Where the voting in the election is done by means of voting
machines used pursuant to law in a manner that carries out the intent
of this section, the use of the voting machines and the expression
of the voters' choice by means thereof are in compliance with this
section.