Amended in Assembly April 23, 2014

Amended in Assembly March 26, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2227


Introduced by Assembly Member Quirk

February 20, 2014


An act to addbegin delete Section 18938.4 to the Health and Safety Code, relating to solar energy.end deletebegin insert Sections 26211, 26212, 26213, 26214, 26215, 26216, 26217, and 26218 to the Public Resources Code, relating to energy efficiency.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2227, as amended, Quirk. begin deleteBuilding standards: solar energy systems. end deletebegin insertCitizens Oversight Board: implementation.end insert

begin insert

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 incomes 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. 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. Existing law establishes the Citizens Oversight Board and requires it to, among other things, annually review all expenditures from the Clean Energy Job Creation Fund.

end insert
begin insert

This bill would, among other things, require members of the board to serve for a term of 4 years and authorize them to serve for up to 2 additional terms. The bill would provide for the appointment of a chair and vice chair of the board, establish the responsibilities of the chair and vice chair, and require the board to meet at least 4 times per year or as often as the chair or the board deems necessary to conduct its business. The bill would authorize the formation of committees and would require the board to prepare an annual report, as specified.

end insert
begin delete

Existing law declares that it is the policy of the state to promote and encourage the use of solar energy systems. Existing law provides that building standards shall be filed by the California Building Standards Commission with the Secretary of State and codified only after they have been approved by the commission.

end delete
begin delete

This bill would require that building standards for the construction, installation, and alteration of solar energy systems, as specified, be adopted and published in the California Building Standards Code by the commission no later than January 1, 2017.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 26211 is added to the end insertbegin insertPublic Resources
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert26211.end insert  

Funding for the board shall be provided in the annual
4Budget Act.

end insert
5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 26212 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
6to read:end insert

begin insert
7

begin insert26212.end insert  

(a) Members of the board shall serve for a term of four
8years and may be reappointed for up to two additional terms.

9(b) A majority of active board members shall constitute a
10quorum.

11(c) The board’s principal office shall be located in the
12Treasurer’s office in Sacramento.

13(d) Each board member shall be entitled to one vote. All votes
14shall be recorded and reported in the minutes of the board.

15(e) The board shall select from among its members a chair and
16a vice chair, as provided in Section 26214.

17(f) Members of the board shall not be compensated for their
18service, but may be reimbursed for actual and necessary expenses.

19(g) Requests for reimbursement for anticipated actual and
20necessary expenses shall be submitted to the chair for approval
P3    1before incurring the expense and may be paid in accordance with
2Section 26217.

end insert
3begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 26213 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
4to read:end insert

begin insert
5

begin insert26213.end insert  

(a) The board shall meet at least four times per year
6or as often as the chair or the board deems necessary to conduct
7its business.

8(b) The chair shall, with the assistance of staff, prepare the
9agenda for each board meeting. Meeting agendas shall be prepared
10in advance of each meeting based on input from board members,
11staff, and the public.

12(c) The board shall comply with, and be subject to, the
13requirements of the Bagley-Keene Open Meeting Act (Article 9
14(commencing with Section 11120) of Chapter 1 of Part 1 of
15Division 3 of Title 2 of the Government Code).

16(d) Without limiting subdivision (c), the posting of the board’s
17agenda shall comply with Section 11125 of the Government Code.
18Special meetings shall comply with Section 11125.4 of the
19Government Code. Closed session reports shall comply with
20Section 11126.3 of the Government Code.

end insert
21begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 26214 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
22to read:end insert

begin insert
23

begin insert26214.end insert  

(a) The first meeting of the board, at which a chair
24shall be selected, may be held upon appointment of all nine
25members of the board and shall be called jointly by the Treasurer,
26the Controller, and the Attorney General.

27(b) The board shall elect a chair and vice chair at the first
28meeting of the board each year and each such individual shall
29hold office for one year commencing on the following July 1 and
30ending when his or her successor takes office. If there is a vacancy
31during the year in the office of the chair or vice chair, a majority
32of the active members of the board shall elect a replacement chair
33or vice chair to serve the remainder of the year. If the interim
34vacancy is in the office of the chair, then the vice chair shall
35perform the duties of the chair until a successor is elected.

36(c) In the absence of the chair during a meeting, the vice chair
37shall perform all of the functions of the chair.

38(d) The chair shall oversee meetings, serve as an ex officio
39member of all committees, work in partnership with staff to ensure
40board resolutions are carried out, call special meetings if
P4    1necessary, appoint all committee chairs and recommend who will
2serve on committees, prepare agendas for meetings, coordinate
3the hiring and evaluations of staff and consultants, act as
4spokesperson for the board, periodically consult with board
5members on their roles, and ensure that the rules of procedure
6and decorum contained in this chapter are observed and enforced.

7(e) The vice chair shall carry out special assignments as
8requested by the chair, understand the responsibilities of the chair,
9and be able to perform the duties of the chair in the chair’s
10absence.

end insert
11begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 26215 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
12to read:end insert

begin insert
13

begin insert26215.end insert  

(a) The board may establish committees as it deems
14necessary and appropriate. The chair may define and limit a
15committee’s scope and authority, and establish rules of operation
16for the committees.

17(b) Each committee shall meet and shall make recommendations
18and reports as deemed necessary or appropriate by the chair or
19the board.

20(c) In the absence of the committee chair, the vice chair shall
21conduct routine business matters and meetings of the committee.

22(d) The status, purpose, and authority of a committee shall be
23determined by the chair at the time the committee is established
24by the board. The board may modify a committee’s status, purpose,
25or authority at any time.

26(e) A committee may act within its delegated authority without
27further approval of the board. Committees and committee members
28shall not make or issue policy statements, recommendations, or
29media releases without prior approval of the board. A committee
30activity that implies action by the board or is outside the
31committee’s delegated authority is prohibited without specific
32board approval.

end insert
33begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 26216 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
34to read:end insert

begin insert
35

begin insert26216.end insert  

(a) In addition to, and in conjunction with, the
36performance of its duties set forth in subdivision (d) of Section
3726210, the board shall review and evaluate the progress and status
38of projects and shall prepare, approve, and distribute annual
39reports of its activities, findings, and recommendations to the
40Governor, the Legislature, and the public. Each annual report
P5    1shall concern the activities of the board and its committees during
2the preceding calendar year and shall be distributed within 90
3days of the end of the calendar year to which it pertains.

4(b) The process for preparing, approving, and distributing the
5annual reports shall be as follows:

6(1) The chair shall be responsible for preparing a draft annual
7report that shall be presented at a regularly scheduled meeting of
8the board.

9(2) The draft annual report shall be discussed and considered
10by the board at the meeting and shall be approved as presented
11or with amendments or changes following the opportunity for, and
12receipt of, any public comment.

13(3) After the meeting, the annual report shall be put into its final
14approved form and shall be distributed and published on the
15board’s Internet Web site.

16(c) The annual report distributed pursuant to this section shall
17be submitted to the Legislature in accordance with Section 9795
18of the Government Code.

end insert
19begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 26217 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
20to read:end insert

begin insert
21

begin insert26217.end insert  

(a) Expenses of the board shall be accounted for and
22paid in a manner that is consistent with the State Administrative
23Manual and any related processes and procedures. The board may
24delegate to the chair or staff the authority to approve expenses,
25pay expenses, or both.

26(b) Expenditure items exceeding the board’s budget, or
27expenditure items the chair deems worthy of further consideration,
28shall be brought before the board for consideration at the next
29meeting.

30(c) The chair shall be responsible for tracking the board’s
31budget and regularly reporting to the board if expenditures are
32within the amounts planned and what steps have been taken or
33are proposed to be taken to ensure that the board has sufficient
34funds to accomplish its annual mission.

35(d) If approved by the board, the chair may testify before a state
36authority and his or her actual and necessary travel, meal, and
37lodging expenses shall be reimbursed.

38(e) The expenses of the board shall be published in the board’s
39annual report required by Section 26216.

end insert
P6    1begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 26218 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert26218.end insert  

The most recent edition of Robert’s Rules of Order
4shall govern the parliamentary procedures, disciplinary
5proceedings, and rules for the conduct of board meetings. An
6action of the board shall not be invalidated, or the legality of an
7action of the board affected, by the failure or omission to observe
8or follow Robert’s Rules of Order.

end insert
begin delete
9

SECTION 1.  

Section 18938.4 is added to the Health and Safety
10Code
, to read:

11

18938.4.  

(a) The California Building Standards Commission
12shall adopt building standards for the construction, installation,
13and alteration of solar energy systems and publish the standards
14in the California Building Standards Code on or before January 1,
152017.

16(b) These standards shall be based on national building standards
17that have been designated by the American National Standards
18Institute as American National Standards, with any amendments,
19deletions, or additions determined to be appropriate by the
20commission, the Department of Housing and Community
21Development, or other agencies with applicable building standards
22jurisdiction.

23(c) For purposes of this section, “solar energy systems” includes,
24but is not limited to, equipment and appliances intended to utilize
25solar energy for heating or cooling, water heating, swimming pool
26heating, process heating, and solar photovoltaic systems.

end delete


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