BILL NUMBER: AB 46	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2009
	AMENDED IN ASSEMBLY  MARCH 31, 2009
	AMENDED IN ASSEMBLY  FEBRUARY 19, 2009

INTRODUCED BY   Assembly Member Blakeslee

                        DECEMBER 1, 2008

   An act to  amend Sections 32320, 32321, 32322, 32324, and
32942 of   , and to repeal Section 32208 of, the Financial
Code, and to  amend Sections 25421 and 25449.4 of the Public
Resources Code, relating to energy, and making an appropriation
therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 46, as amended, Blakeslee.  Energy: energy conservation
assistance.  Energy.  
   (1) Existing law creates the nonprofit State Assistance Fund for
Enterprise Business and Industrial Development Corporation
(SAFE-BIDCO). Existing law provides that the board of directors of
SAFE-BIDCO shall consist of 2 official members and 4 public members.
Existing law provides that the 2 official members of the board of
directors shall be a member of the Governor's cabinet, or his or her
designee, and a member of the State Energy Resources Conservation and
Development Commission, selected and appointed by the members of the
commission.  
   This bill would decrease the membership of the board of directors
of SAFE-BIDCO by eliminating the official member selected by the
members of the State Energy Resources Conservation and Development
Commission. The bill would make conforming changes, including changes
to a provision related to a specified loan committee.  

   (1) 
    (2) Existing law requires the State Energy Resources
Conservation and Development Commission to administer the State
Energy Conservation Assistance Account, a continuously appropriated
account, in the General Fund, until January 1, 2011, to provide
grants and loans to local governments and public institutions to
maximize energy use savings. All loans outstanding as of that date
are required to continue to be repaid  ,  as specified 
,  until paid in full, and all unexpended funds in the account
on and after that date, except as specified, are required to revert
to the General Fund.
   This bill would extend the operation of those provisions to
January 1, 2020, and would thereby make an appropriation by extending
the time during which the funds in a continuously appropriated
account are made available. 
   (2) 
    (3)  Existing law establishes, until January 1, 2011, a
financial assistance program that provides loans to local
jurisdictions for energy projects, including to purchase, maintain,
and evaluate energy efficient equipment for existing or new
facilities. Existing law establishes, until January 1, 2020, the
Local Jurisdiction Energy Assistance Account in the General Fund for
the purposes of the program and requires the funds to be disbursed by
the Controller as authorized by the commission.
   This bill would extend the financial assistance program and the
Local Jurisdiction Energy Assistance Account to January 1, 2020.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 32208 of the  
Financial Code   is repealed.  
   32208.  "Energy Commission" means the California Energy Resources
Conservation and Development Commission. 
   SEC. 2.    Section 32320 of the   Financial
Code   is amended to read: 
   32320.  Except as provided in Sections 32325 and 32352.5, the
board of directors of the corporation shall consist of  six
  five  members,  two   one
 official and four public directors.
   SEC. 3.    Section 32321 of the   Financial
Code   is amended to read: 
   32321.  (a) The official  members   member
 of the board shall  be:   be a member of
the Governor's cabinet, or his or her designee.  
   (1) A member of the Governor's cabinet, or his or her designee.
 
   (2) One member of the Energy Commission, selected and appointed by
the members of the Energy Commission. 
   (b) The public members of the board shall be:
   (1) One member selected and appointed by the Senate Rules
Committee.
   (2) One member selected and appointed by the Speaker of the
Assembly.
   (3) Two members selected and appointed by the Governor as follows:

   (A) One member with a minimum three years' experience as an owner,
partner, officer, or employee of a California-based small business.
   (B) One member with a minimum three years' experience as an
officer or employee of a financial institution.
   SEC. 4.    Section 32322 of the   Financial
Code   is amended to read: 
   32322.  (a) The  terms   term  of 
the  official  members   member  of
the board shall coincide with  their   his or
her official  terms   term  of office
 , except in the case of the member selected and appointed by
the members of the Energy Commission, who shall serve on the board
until he or she is no longer a member of the Energy Commission or
until he or she is replaced by a vote of the Energy Commission
 .
   (b) The public members of the board shall be appointed by the
Rules Committee, Speaker, and Governor in such a manner that they
shall hold office for overlapping terms. At the time of the
appointment of first directors, the first term of the directors
appointed by the Rules Committee and Speaker shall be approximately
two years. At the time of the appointment of first directors, the
first term of the directors appointed by the Governor shall be
approximately one year for one director and approximately three years
for two directors. Thereafter, the terms of all public directors
shall be three years. Directors shall be eligible for reappointment
for an unlimited number of terms.
   (c) A public director's tenure shall continue until his  or
her  successor has been appointed and has taken his  or her
 position on the board.
   (d) In the case of public members, vacancies shall be filled by
appointment of the respective appointing authority for the unexpired
remainder of the term.
   SEC. 5.    Section 32324 of the   Financial
Code   is amended to read: 
   32324.  (a) The official  directors  
director  shall serve without compensation, except that 
they   he or she  shall be reimbursed for 
their   his or her  actual and necessary expenses
incurred in the performance of  their   his or
her  duties, or at the discretion of the board, may receive a
reasonable per diem payment and mileage charge as reimbursement for
living and traveling expenses incurred in the performance of duties
away from  their   his or her principal
 areas   area  of residence. The amount of
 such   that  per diem payment shall not
exceed the rate established by the state for any calendar day. No
director shall receive per diem both in the course of his  or her
 official duties and from the corporation for the same calendar
day.
   (b) All other directors may, at the discretion of the board, be
paid a stipend in addition to reimbursement for their actual and
necessary expenses incurred in the performance of their duties or
reasonable per diem payment and mileage charge. The amount of any per
diem payment shall not exceed the rate established by the state for
any calendar day. The board shall determine the amount of the stipend
received by public directors, provided, however, that such stipend
shall not exceed one hundred dollars ($100) for any calendar day.
Additionally, public directors may not receive stipends for more than
25 days in any calendar year.
   SEC. 6.   Section 32942 of the   Financial
Code   is amended to read: 
   32942.  Loans shall be approved according to criteria established
by a credit committee, chaired by the chief financial officer of the
corporation or that officer's designee. The other members of the
committee shall be the  member of the board appointed by the
Energy Commission and the  corporate president  , or his
or her designee, and one member from the loan committee described in
Section 32326 selected by the board  .
   SECTION 1.   SEC. 7.   Section 25421 of
the Public Resources Code is amended to read:
   25421.  (a) Except as provided in subdivision (b), this chapter
shall remain in effect only until January 1, 2020, and as of that
date is repealed, unless a later enacted statute,  which
  that  is enacted before January 1, 2020, deletes
or extends that date.
   (b) All loans outstanding as of January 1, 2020, shall continue to
be repaid on a semiannual basis, as specified in Section 25415,
until paid in full. All unexpended funds in the State Energy
Conservation Assistance Account on January 1, 2020, and thereafter,
except to the extent those funds are encumbered pursuant to Section
25417.5, shall revert to the General Fund.
   SEC. 2.   SEC.   8.   Section
25449.4 of the Public Resources Code is amended to read:
   25449.4.  (a) Except as provided in subdivision (b), this chapter
shall remain in effect  only  until January 1, 2020, and as
of that date is repealed, unless a later enacted statute 
which   , that  is enacted before January 1, 2020,
deletes or extends that date.
   (b) All loans outstanding as of January 1, 2020, shall continue to
be repaid in accordance with a schedule established by the
commission pursuant to Section 25442.7, until paid in full. All
unexpended funds in the Local Jurisdiction Energy Assistance Account
on January 1, 2020, and thereafter, except to the extent that those
funds are encumbered pursuant to Section 25443.5, shall be deposited
in the Federal Trust Fund and be available for the purposes for which
federal oil overcharge funds are available pursuant to court
judgment or federal agency order.