Amended in Assembly April 23, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 29

Introduced by Assembly Member Williams

December 3, 2012

An act to add Chapter 4 (commencing with Section 99170) to Part 65 of Division 14 of Title 3 of the Education Code, relating to energy efficiency begin delete , and making an appropriation therefor end delete .

LEGISLATIVE COUNSEL’S DIGEST

AB 29, as amended, Williams. Proposition 39: implementation.

The California Clean Energy Jobs Act, an initiative approved by the voters at the November 6, 2012, statewide general election as Proposition 39, 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 for 5 fiscal years beginning with the 2013-14 fiscal year. Moneys in the Clean Energy 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 allocation of these funds to public school facilities, university and college facilities, other public buildings and facilities, as well as job training and workforce development, and public-private partnerships, for eligible projects, as specified.

This bill would require the California Energy Commission to administer, in coordination with the Public Utilities Commission, the Office of the President of the University of California, the Office of the Chancellor of the California State University, and the Office of the Chancellor of the California Community Colleges, grants, loans, or other financial assistance to the University of California, the California State University, and the California Community Colleges for projects that create jobs in California by reducing energy demand and consumption at eligible institutions.

The bill would begin delete appropriate $152,000,000 for each of the 2013-14 to 2017-18 fiscal years, inclusive, from end delete begin insert provide that, for each fiscal year that revenue is deposited into end insert the Clean Energy Job Creation begin delete Fund to the California Energy Commission, in each fiscal year in which at least that amount is transferred to that fund, for allocation to the University of California, the California State University, and the California Community College for these projects, in accordance with a prescribed schedule and prioritized end delete begin insert Fund, up to $152,000,000 would be available, upon appropriation by the Legislature, for purposes of the bill, end insert as specified.

Vote: majority. Appropriation:  begin delete yes end delete begin insert no end insert . Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) California leads the nation in developing and implementing
successful energy efficiency efforts.

(b) California has identified energy efficiency as one of its top
priorities.

(c) California should continue to lead by example by ensuring
that its public higher educational institutions are achieving the
state’s energy goals.

(d) School districts that have struggled with budget cuts have
utilized clean energy to achieve future cost savings, and, as a result,
have leveraged savings to support or save critical school programs.

(e) It is therefore the intent of the Legislature to ensure that the
revenue in the Clean Energy Job Creation Fund derived from
Proposition 39, approved by the voters at the November 6, 2012,
statewide general election, is appropriately distributed for the
purposes intended by the voters, namely to fund clean energy and
energy efficiency improvements at public schools, colleges and
universities, and other eligible facilities, while training an energy
efficiency and clean energy workforce, thereby reducing public
agency costs for energy and saving taxpayers money for years to
come.

SEC. 2.  

Chapter 4 (commencing with Section 99170) is added
to Part 65 of Division 14 of Title 3 of the Education Code, to read:

 

Chapter  4. Clean Energy Job Creation Fund Projects

 

99170.  

(a) The California Energy Commission shall administer,
in coordination with the Public Utilities Commission, the Office
of the President of the University of California, the Office of the
Chancellor of the California State University, and the Office of
the Chancellor of the California Community Colleges, grants,
loans, or other financial assistance to the University of California,
the California State University, and the California Community
Colleges for projects that create jobs in California by reducing
energy demand and consumption at eligible institutions in
accordance with this section.

(b)  begin delete One end delete begin insert For each fiscal year that revenue is deposited into the
Clean Energy Job Creation Fund, up to one end insert hundred fifty-two
million dollars ($152,000,000) begin delete is appropriated for purposes of this
section for each of the 2013-14 to 2017-18 fiscal years, inclusive,
from the Clean Energy Job Creation Fund to the California Energy
Commission in each fiscal year when funds in at least that amount
are transferred to the Clean Energy Job Creation Fund pursuant to
Section 26205 of the Public Resources Code, end delete begin insert shall be available,
upon appropriation by the Legislature, for purposes of this chapter, end insert
in accordance with all of the following:

(1) Not more than seventy million dollars ($70,000,000) shall
be allocated for the University of California.

(2) Not more than thirty-two million dollars ($32,000,000) shall
be allocated for the California State University.

(3) Not more than fifty million dollars ($50,000,000) shall be
allocated for the California Community Colleges.

(c) To implement this section, the California Energy
Commission shall do all of the following:

(1) Administer grants, loans, or other financial assistance to
projects that satisfy the criteria in Section 26206 of the Public
Resources Code.

(2) Ensure that both of the following occur:

(A) For each segment of public higher education, not more than
50 percent of funds appropriated pursuant to subdivision (b) shall
be used for grants. These grants shall support proposals for which
at least one dollar ($1) of funding from other sources is provided
for every dollar granted pursuant to this chapter.

(B) For each segment of public higher education, not less than
50 percent of funds appropriated pursuant to subdivision (b) shall
be used for financing low-interest loans, loan loss reserves, and
revolving loan funds.

(3) Utilize existing resources, programs, and expertise to the
extent possible.

(4) (A) Establish a system to prioritize eligible institutions for
loans and other financial assistance through this section in
consultation with the Office of the President of the University of
California, the Office of the Chancellor of the California State
University, and the Office of the Chancellor of the California
Community Colleges.

(B) The process of prioritization under this subdivision shall
take into consideration, but not necessarily be limited to
consideration of, all of the following factors:

(i) The potential for demand reduction.

(ii) The duration of the payback period.

(iii) The amount of flexibility a project will create for local
budgets.

(C) The financing of loans under this section shall be prioritized
over matching grants.

(d) The California Energy Commission shall 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 grants, loans, or other
financial assistance provided pursuant to this section.

(e) 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.