BILL ANALYSIS Ó
AB 2227
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CONCURRENCE IN SENATE AMENDMENTS
AB 2227 (Quirk)
As Amended June 30, 2014
Majority vote
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|ASSEMBLY: |77-0 |(May 28, 2014) |SENATE: |35-0 |(August 11, |
| | | | | |2014) |
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Original Committee Reference: B., P. & C.P.
SUMMARY : Establishes procedures and guidance for the Citizens
Oversight Board (COB) created by the California Clean Energy
Jobs Act (Proposition 39 of 2012).
The Senate amendments :
1)Repeal an unnecessary provision requiring that COB agenda's be
posted in accordance with specified provisions of the
Bagely-Keene Open Meeting Act.
2)Require that COB comply with, and be subject to, the
California Public Records Act.
EXISTING LAW :
1)Pursuant to Proposition 39, which was approved by the voters
at the November 6, 2012, statewide general election:
a) Establishes the COB, composed of nine members appointed
by the State Treasurer, the State Controller, and the
Attorney General, as specified. The COB is tasked with:
i) Annually reviewing all expenditures from the Clean
Energy Job Creation Fund (Fund);
ii) Commissioning and reviewing an annual independent
audit of the Fund and of a selection of projects
completed to assess the effectiveness of the
expenditures;
iii) Publishing a complete accounting of all expenditures
annually; and,
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iv) Submitting an evaluation of the program to the
Legislature that identifies any changes needed to meet
the directives.
b) Dedicates $550 million or 50% of the annual increase in
revenues from the SSF, whichever is less, annually for five
fiscal years (2013-14 through 2017-18) for projects that
create energy efficiency and clean energy jobs in
California, upon appropriation by the Legislature. The
funding may include:
i) Energy efficiency and clean energy installations at
public schools, universities and colleges, and other
public buildings;
ii) Job training and workforce development on clean
energy and energy efficiency programs; and,
iii) Financing and technical assistance to fund Property
Assessed Clean Energy (PACE) programs.
2)Pursuant to SB 73 (Budget Committee), Chapter 29, Statutes of
2013:
a) Specifies the allocation of Proposition 39 funding
available for energy efficiency projects at K-12 schools
and community college districts.
b) Requires the CEC, in consultation with the California
Department of Education, the Chancellor of California
Community College districts, and the Public Utilities
Commission, to develop guidelines for contracts, as
specified.
c) Appropriates $28 million from Proposition 39 funds to
the State Energy Conservation Assistance Account for energy
efficiency loans.
d) Appropriates $3 million from Proposition 39 funds to the
California Workforce Investment Board to develop and
implement a competitive grant program for organizations
that prepare disadvantaged youth or veterans for
employment.
FISCAL EFFECT : According to the Senate Appropriations
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Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : The COB was established by voters in Proposition 39
and consists of nine members. Three members are to be appointed
each by the State Controller, the State Treasurer, and the
Attorney General. To date, the Controller and Treasurer have
appointed members. The purpose of the COB is to review Fund
expenditures, commission and review annual independent audits of
the Fund and selected projects, publish an accounting of annual
expenditures, and submit a program evaluation to the
Legislature.
While Proposition 39 created the COB and its purpose, it was
largely silent on the structure, procedures, and other details
relating to COB operations.
On December 19, 2013, CEC published Proposition 39: California
Clean Energy Jobs Act -2013 Program Implementation Guidelines in
accordance with SB 73. The guidelines define how the state
plans to implement Proposition 39, provide information on the
types of awards and proposal requirements, explain screening and
evaluation criteria, describe the standards that will be used to
evaluate project proposals, and outline the award process.
According to the author, "this legislation provides all the
necessary detail for the board to accomplish its mission." This
bill establishes general governance requirements for the
operations of the COB.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0004410