BILL NUMBER: AB 262 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 16, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Bass
(Coauthor: Assembly Member Fuentes)
FEBRUARY 11, 2009
An act to amend Sections 25450, 25450.1, and 25450.3 of,
to add Section 25450.4 to, and to repeal and add Section 25450.2 of,
the Public 25450 and 25450.1 of the Public
Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 262, as amended, Bass. American Recovery and Reinvestment
Plan: energy activities, programs, or projects.
Existing law requires the Public Utilities Commission, State
Energy Resources Conservation and Development Commission (Energy
Commission), and the Department of Water Resources to undertake
various programs related to energy and water conservation.
This bill would require that any moneys received by the state
pursuant to the federal American Recovery and Reinvestment Act of
2009 that are directed for energy-related activities, programs, or
projects, be administered by the state's energy and water agencies,
and provide that those activities, programs, or projects should
adhere to the principle of accountability while also adhering to
existing state policies to promote energy efficiency, promote water
conservation, promote the development and use of renewable energy
resources, protect the environment, and provide green job training.
Existing law requires the Energy Commission to administer funds
allocated to and received by the state pursuant to the federal Energy
Independence and Security Act of 2007. Existing law
provides that not more than 5% of the funds received is to be
expended for administrative expenses.
This bill would additionally require the Energy Commission to
administer funds allocated and received by the state pursuant to the
American Recovery and Reinvestment Act of 2009 and would
increase the amount expended for administration expenses for these
two purposes to not more than 10%. The bill would authorize the
Energy Commission to adopt guidelines governing the awarding,
eligibility, and administration of those federal funds .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Any moneys received pursuant to the federal American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) that are
directed for energy-related activities, programs, or projects,
including energy efficiency and renewable energy programs, projects
for the building of electrical transmission, and activities to create
conservation or "green-collar" jobs, shall be administered by the
appropriate state energy and water agencies and should adhere to the
principle of accountability while also adhering to existing state
policies to promote energy efficiency, including green building
practices, promote water conservation, promote the development and
use of renewable energy resources, protect the environment, and
provide green job training.
SEC. 2. Section 25450 of the Public Resources Code is amended to
read:
25450. (a) The Legislature finds and declares all of the
following:
(1) The 100th 110th Congress enacted
the Energy Independence and Security Act of 2007 (42 U.S.C. Sec.
17001 et seq.) that establishes an energy efficiency and conservation
block grant program to provide grants to eligible entities,
including states and local governments, to help them reduce fossil
fuel emissions, improve energy efficiency, and reduce overall energy
consumption.
(2) Section 545(c)(1)(A) of the Energy Independence and Security
Act of 2007 (42 U.S.C. Sec. 17155(c)(1)(A)) mandates that states
receiving block grants under the act use not less than 60 percent of
the grant amount to provide subgrants to local governments that are
not eligible entities for the purposes of the act.
(3) The 111th Congress enacted the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) that appropriates funds
for energy efficiency and conservation, water conservation, home
weatherization, green workforce development, and renewable energy.
(b) It is the intent of the Legislature that the state achieve the
purposes and implement the requirements for these energy and
conservation block grant programs in the most expedient manner
possible. Moreover, to the extent possible without causing undue
delay, the commission shall look to the Energy Independence and
Security Act of 2007 and the American Recovery and Reinvestment Act
of 2009 programs and make policy decisions that leverage and maximize
the use of these dollars, including, but not limited to, the areas
of energy efficiency, renewable energy, water efficiency,
weatherization, and green workforce development.
SEC. 3. Section 25450.1 of the Public Resources Code is amended to
read:
25450.1. (a) The commission shall administer funds allocated to
and received by the state pursuant to the Energy Independence and
Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.) and the American
Recovery and Reinvestment Act of 2009 (Pub. Law No. 111-5).
(b) The commission may award grants from funds received pursuant
to the Energy Independence and Security Act of 2007 and the American
Recovery and Reinvestment Act of 2009, as well as enter into
contracts to perform functions required to promptly award energy
efficiency and conservation block grants.
SEC. 4. Section 25450.2 of the Public Resources
Code is repealed.
SEC. 5. Section 25450.2 is added to the Public
Resources Code, to read:
25450.2. The commission shall administer the funds received
pursuant to Section 25450.1 in accordance with all applicable federal
requirements regarding the use of those funds.
SEC. 6. Section 25450.3 of the Public Resources
Code is amended to read:
25450.3. The commission shall expend not more than 10 percent of
the funds received pursuant to Section 25450.1 for administrative
expenses, that shall include, but are not limited to, reporting and
evaluation activities required by the Energy Independence and
Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.) and costs
associated with the Statewide Cost Allocation Plan.
SEC. 7. Section 25450.4 is added to the Public
Resources Code, to read:
25450.4. (a) The commission may adopt guidelines governing the
award, eligibility, and administration of funding pursuant to this
chapter at a publicly noticed meeting. For the initial adoption of
guidelines, the commission shall provide written notice to the public
of not less than 30 days. For substantive amendments to the
guidelines, the commission shall provide written notice to the public
of not less than 10 days. Notwithstanding any other law, guidelines
adopted pursuant to this chapter shall be exempt from the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(b) Awards made pursuant to this chapter are subject to appeal to
the commission upon a showing that factors other than those described
in the guidelines adopted by the commission were applied in making
the awards and payments.