AB 2227, as amended, Quirk. Citizens Oversight Board: 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 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.
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.
begin insertThe bill’s provisions would become inoperative on July 1, 2019, and would be repealed as of January 1, 2020.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 26211 is added to the Public Resources
2Code, to read:
begin insert(a)end insertbegin insert end insert Funding for the board shall bebegin delete providedend deletebegin insert available,
4upon appropriation by the Legislature,end insert in the annual Budget Act.
5(b) This section shall become inoperative on July 1, 2019, and,
6as of January 1, 2020, is repealed, unless a later enacted
statute,
7that becomes operative on or before January 1, 2020, deletes or
8extends the dates on which it becomes inoperative and is repealed.
Section 26212 is added to the Public Resources Code,
10to read:
(a) Members of the board shall serve for a term of four
12years and may be reappointed for up to two additional terms.
13(b) A majority ofbegin delete activeend delete board members shall constitute a
14quorum.
15(c) The board’s principal office shall be located in the
16Treasurer’s office in Sacramento.
17(d) Each board member shall be entitled to one vote. All votes
18shall be recorded and reported in the minutes of the board.
19(e) The board shall
select from among its members a chair and
20a vice chair, as provided in Section 26214.
21(f) Members of the board shall not be compensated for their
22service, but may be reimbursed for actual and necessarybegin delete expenses.end delete
23begin insert expenses incurred in the performance of their duties.end insert
24(g) Requests for reimbursement forbegin delete anticipatedend delete actual and
25necessary expenses shall be submitted to the chair for approval
26begin delete before incurring the expenseend delete
and may be paid in accordance with
27Section 26217.
P3 1(h) This section shall become inoperative on July 1, 2019, and,
2as of January 1, 2020, is repealed, unless a later enacted statute,
3that becomes operative on or before January 1, 2020, deletes or
4extends the dates on which it becomes inoperative and is repealed.
Section 26213 is added to the Public Resources Code,
6to read:
(a) The board shall meet at least four times per year
8or as often as the chair or the board deems necessary to conduct
9its business.
10(b) The chair shall, with the assistance of staff, prepare the
11agenda for each board meeting. Meeting agendas shall be prepared
12in advance of each meeting based on input from board members,
13staff, and the public.
14(c) The boardbegin insert and any committees established by the boardend insert shall
15comply with, and be subject to, the requirements of the
16Bagley-Keene Open Meeting Act (Article 9 (commencing
with
17Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
18the Government Code).
19(d) Without limiting subdivision (c), the posting of the board’s
20agendabegin insert and any committee agendasend insert shall comply with Section
2111125 of the Government Code. Special meetings shall comply
22with Section 11125.4 of the Government Code. Closed session
23reports shall comply with Section 11126.3 of the Government
24Code.
25(e) This section shall become inoperative on July 1, 2019, and,
26as of January 1, 2020, is repealed, unless a later enacted statute,
27that becomes operative on or before January 1, 2020, deletes or
28extends the dates on which it becomes
inoperative and is repealed.
Section 26214 is added to the Public Resources Code,
30to read:
(a) The first meeting of the board, at which a chair
32shall be selected, may be held upon appointment of all nine
33members of the board and shall be called jointly by the Treasurer,
34the Controller, and the Attorney General.
35(b) The board shall elect a chair and vice chair at the first
36meeting of the board each year and each such individual shall hold
37office for one year commencing on the following July 1 and ending
38when his or her successor takes office. If there is a vacancy during
39the year in the office of the chair or vice chair, a majority of the
40active members of the board shall elect a replacement chair or vice
P4 1chair to serve the remainder of the year. If the
interim vacancy is
2in the office of the chair, then the vice chair shall perform the
3duties of the chair until a successor is elected.
4(c) The board shall establish rules of operation for the board
5that are consistent with the rules and practices applicable to other
6state boards.
36 7(c)
end delete
8begin insert(d)end insert In the absence of the chair during a meeting, the vice chair
9shall perform all of the functions of the chair.
38 10(d)
end delete
11begin insert(e)end insert The chair shall oversee meetings, serve as an ex officio
12member of all committees, work in partnership with staff to ensure
13board resolutions are carried out, call special meetings if necessary,
14appoint all committee chairs and recommend who will serve on
15committees, prepare agendas for meetings, coordinate the hiring
16and evaluations of staff and consultants, act as spokesperson for
17the board, periodically consult with board members on their roles,
18and ensure that the rules of procedure and decorum contained in
19this chapter are observed and enforced.
7 20(e)
end delete
21begin insert(f)end insert The vice chair shall carry out special assignments as
22requested by the chair, understand the responsibilities of the chair,
23and be able to perform the duties of the chair in the chair’s absence.
24(g) Board staff activities shall not be duplicative of ongoing
25efforts by other state agencies, including, but not limited to, the
26State Department of Education and the State Energy Resources
27Conservation and Development Commission.
28(h) This section shall become inoperative on July 1, 2019, and,
29
as of January 1, 2020, is repealed, unless a later enacted statute,
30that becomes operative on or before January 1, 2020, deletes or
31extends the dates on which it becomes inoperative and is repealed.
Section 26215 is added to the Public Resources Code,
33to read:
(a) The board may establish committees as it deems
35necessary and appropriate. The chair maybegin insert, with board approval,end insert
36 define and limit a committee’s scope and authority, and establish
37rules of operation for the committees.
38(b) Each committee shall meet and shall make recommendations
39and reports as deemed necessary or appropriate by the chair or the
40board.
P5 1(c) In the absence of the committee chair, the vice chair shall
2conduct routine business matters and meetings of the committee.
3(d) The status, purpose, and authority of a committee shall be
4determined by the chairbegin insert and approved by the boardend insert at the time the
5committee is established by the board. The board may modify a
6committee’s status, purpose, or authority at any time.
7(e) A committee may act within its delegated authority without
8further approval of the board. Committees and committee members
9shall not make or issue policy statements, recommendations, or
10media releases without prior approval of the board. A committee
11activity that implies action by the board or is outside the
12committee’s delegated authority is prohibited without specific
13board approval.
14(f) This section shall become inoperative on July 1, 2019, and,
15as of January 1, 2020, is repealed, unless a later enacted statute,
16that becomes operative on or before January 1, 2020, deletes or
17extends the dates on which it becomes inoperative and is repealed.
Section 26216 is added to the Public Resources Code,
19to read:
(a) begin deleteIn addition to, and in conjunction with, the begin insertThe end insertboard shall review and evaluate the progress and
21performance of its duties set forth in subdivision (d) of Section
2226210, the end delete
23status of projects and shall prepare, approve, and distribute annual
24reports of its activities, findings, and recommendations to the
25Governor, the Legislature, and thebegin delete public.end deletebegin insert
public, to the extent
26these actions are consistent with subdivision (d) of Section 26210.end insert
27 Each annual report shall concern the activities of the board and its
28committees during the preceding calendar year and shall be
29distributed within 90 days of the end of the calendar year to which
30it pertains.
31(b) The process for preparing, approving, and distributing the
32annual reports shall be as follows:
33(1) The chair shall be responsible for preparing a draft annual
34report that shall be presented at a regularly scheduled meeting of
35the board.
36(2) The draft annual report shall be discussed and considered
37by the board at the meeting and shall be approved as presented or
38with amendments or changes
following the opportunity for, and
39receipt of, any public comment.
P6 1(3) After the meeting, the annual report shall be put into its final
2approved form and shall be distributed and published on the board’s
3Internet Web site.
4(c) The annual report distributed pursuant to this section shall
5be submitted to the Legislature in accordance with Section 9795
6of the Government Code.
7(d) This section shall become inoperative on July 1, 2019, and,
8as of January 1, 2020, is repealed, unless a later enacted statute,
9that becomes operative on or before January 1, 2020, deletes or
10extends the dates on which it becomes inoperative and is repealed.
Section 26217 is added to the Public Resources Code,
12to read:
(a) Expenses of the board shall be accounted for and
14paid in a manner that is consistent with the State Administrative
15Manual and any related processes and procedures. The board may
16delegate to the chair or staff the authority to approve expenses,
17pay expenses, or both.
18(b) Expenditure items exceeding the board’s budget, or
19expenditure items the chair deems worthy of further consideration,
20shall be brought before the board for consideration at the next
21meeting.
22(c) The chair shall be responsible for tracking the board’s budget
23and regularly reporting to the board if expenditures are within the
24
amounts planned and what steps have been taken or are proposed
25to be taken to ensure that the board has sufficient funds to
26accomplish its annual mission.
27(d)begin delete end deletebegin deleteIf approved by the board, theend deletebegin insert end insertbegin insertTheend insert chair may testify before
28a state authority and his or her actual and necessary travel, meal,
29and lodging expenses shall be reimbursed.
30(e) The expenses of the board shall be published in the board’s
31annual report required by Section 26216.
32(f) This section shall become inoperative on July 1, 2019, and,
33as of January 1, 2020, is repealed, unless a later enacted statute,
34that becomes operative on or before January 1, 2020, deletes or
35extends the dates on which it becomes inoperative and is repealed.
Section 26218 is added to the Public Resources Code,
37to read:
The most recent edition of Robert’s Rules of Order
39shall govern the parliamentary procedures, disciplinary
40proceedings, and rules for the conduct of board meetings. An action
P7 1of the board shall not be invalidated, or the legality of an action
2of the board affected, by the failure or omission to observe or
3follow Robert’s Rules of Order.
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