BILL NUMBER: AB 46	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2009
	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.
   (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.
   (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.  
   (3) Existing 
    Existing  law  also  establishes, until January
1, 2011, a financial assistance program that  provides
  requires the commission to provide  loans to
local jurisdictions for energy projects, including  projects
 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  and
on January 1, 2011, requires that all unexpended funds in that
account   , except a   s specified, be deposited in
the Federal Trust Fund for specified purposes  . 
   This bill would extend the financial assistance program and the
Local Jurisdiction Energy Assistance Account to January 1, 2020.
 
   This bill would extend the operation of the above provisions to
January 1, 2016, and would thereby make an appropriation by extending
the time during which the funds in a continuously appropriated
account are made available. 
   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.
  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 five members,
one official and four public directors.
  SEC. 3.  Section 32321 of the Financial Code is amended to read:
   32321.  (a) The official member of the board shall be a member of
the Governor's cabinet, or his or her designee.
   (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 term of the official member of the board shall
coincide with his or her official term of office.
   (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 director shall serve without
compensation, except that he or she shall be reimbursed for his or
her actual and necessary expenses incurred in the performance of 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 his or her principal area of residence. The amount of 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 corporate president, or his or her designee,
and one member from the loan committee described in Section 32326
selected by the board.
  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 
 2016  , and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1,  2020
  2016  , deletes or extends that date.
   (b) All loans outstanding as of January 1,  2020 
 2016  , 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   2016  , and thereafter, except
to the extent those funds are encumbered pursuant to Section 25417.5,
shall revert to the General Fund.
  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 
 2016  , and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1,  2020
  2016  , deletes or extends that date.
   (b) All loans outstanding as of January 1,  2020 
 2016  , 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  
2016  , 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.