Amended in Senate January 6, 2014

Amended in Senate April 23, 2013

Senate BillNo. 35


Introduced by Senator Pavley

December 4, 2012


An act tobegin delete add Article 10 (commencing with Section 66090) to Chapter 2 of Division 5 of Title 3 of the Education Code, relating to higher education.end deletebegin insert amend Section 629.98 of the Penal Code, relating to wiretapping.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 35, as amended, Pavley. begin deleteHigher education: energy conservation. end deletebegin insertWiretapping: authorization.end insert

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Existing law establishes a procedure required to be followed by a prosecutor to apply for, and the court to issue, an order authorizing law enforcement to intercept a wire or electronic communication. Existing law requires the Attorney General to prepare and submit an annual report to the Legislature, the Judicial Council, and the Director of the Administrative Office of the United States Courts regarding these interceptions, as specified. Existing law makes a violation of these provisions punishable as a misdemeanor or as a felony. Existing law makes these provisions effective until January 1, 2015.

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This bill would extend the operation of these provisions until January 1, 2020.

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By extending the operation of provisions of law creating a crime, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law, until January 1, 2016, requires the State Energy Resources Conservation and Development Commission to enter into an agreement with the Regents of the University of California, the Board of Trustees of the California State University, and the Board of Governors of the California Community Colleges for the expenditure of the petroleum violation escrow funds to supplement other available funds to improve energy efficiency at the state-supported universities and colleges.

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This bill would require the Board of Trustees of the California State University and the Board of Governors of the California Community Colleges, and would request the Regents of the University of California, to each develop and administer a Systemwide Energy Solutions Action Plan that provides a near- and long-term strategy for assessing, evaluating, contracting for, overseeing, auditing, measuring, and communicating publicly concerning energy savings projects, as defined. The bill would establish the Higher Education Energy Solutions Fund in the State Treasury and would require moneys in the fund, upon appropriation by the Legislature, be used for the development and implementation of the plans. The bill would require, before January 1, 2014, and January 1 of each year thereafter, each segment of public postsecondary education, if it receives moneys from the fund, to submit to the Legislature a report describing the disposition of the moneys received in the previous calendar year and the planned expenditures for the following calendar year.

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 629.98 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

629.98.  

This chapter shall remain in effect only until January
41,begin delete 2015,end deletebegin insert 2020,end insert and as of that date is repealed.

5begin insert

begin insertSEC. 2.end insert  

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No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
P3    1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.

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7

SECTION 1.  

(a) The Legislature finds and declares all of the
8following:

9(1) California’s public colleges and universities are decades
10old, inefficient, and in need of renovation, and as a result, a
11constant strain on the fiscal health of California’s higher education
12system due to excessive energy-related expenditures.

13(A) Sixty percent of the buildings of the University of California
14are more than 30 years old, with many having been constructed in
15the 1950s and 1960s.

16(B) More than half of the existing facilities of the California
17State University are over 28 years old.

18(C) Seventy-four percent of the existing facilities of the
19California Community Colleges are over 25 years old and 60
20percent are over 40 years old.

21(2) The University of California and the California State
22University systems account for approximately 5 percent of all
23commercial energy consumption in California, representing not
24only a significant cost to the state’s public universities, but also a
25major greenhouse gas reduction opportunity.

26(3) The budgetary savings that could be achieved with
27significant near-term investments in energy efficiency and clean
28energy would provide long-term General Fund relief, reduce the
29need for tuition fee increases, and further enhance the ability of
30California’s colleges and universities to provide quality, accessible,
31 and affordable higher education.

32(4) The Regents of the University of California, the Board of
33Trustees of the California State University, and the Board of
34Governors of the California Community Colleges have already
35adopted energy, sustainability, and climate solutions policies that
36establish usable institutional frameworks and guidelines for
37implementing and administering greater investment in energy
38efficiency and clean energy.

39(5) It is in the public interest of the state to reduce energy
40consumption from colleges and universities, especially through
P4    1building retrofits that achieve deep levels of energy efficiency
2improvement, including those called for in the Long-Term
3Efficiency Strategic Plan adopted by the Public Utilities
4Commission.

5(b) It is the intent of the Legislature to enhance access to, and
6the quality of, higher education in California, while also stimulating
7near-term job creation and reducing greenhouse gas emissions, by
8providing financial assistance to universities and colleges to invest
9in cost-reducing energy efficiency retrofits, clean energy
10installations, and other energy system improvements.

11

SEC. 2.  

Article 10 (commencing with Section 66090) is added
12to Chapter 2 of Division 5 of Title 3 of the Education Code, to
13read:

14 

15Article 10.  Systemwide Energy Solutions
16

 

17

66090.  

For the purposes of this article, “energy savings project”
18means a measure, program, activity, or expenditure that results in
19energy savings, greenhouse gas emissions reduction, and budgetary
20savings, through investments in clean energy, as defined in Section
2126220 of the Public Resources Code.

22

66091.  

(a) The Board of Trustees of the California State
23University and the Board of Governors of the California
24Community Colleges shall, and the Regents of the University of
25California are requested to, each establish a special subcommittee,
26which shall each develop through a public process and administer
27a Systemwide Energy Solutions Action Plan that provides a near-
28and long-term strategy for assessing, evaluating, contracting for,
29overseeing, auditing, measuring, and communicating publicly
30concerning energy savings projects.

31(b) Each special subcommittee shall include experts in energy
32efficiency, job creation, greenhouse gas management, and finance
33and accounting, and at least one student member.

34(c) In developing their plans, the California State University
35and the California Community Colleges shall, and the University
36of California is requested to, consider all of the following:

37(1) Energy savings plans and projects consistent with the state’s
38loading order, as described in the Energy Plan II jointly adopted
39by the Public Utilities Commission and the State Energy Resources
40Conservation and Development Commission, and that are cost
P5    1effective, reliable, and feasible, with total energy savings benefits
2exceeding project costs.

3(2) Consulting with electric and gas corporations and publicly
4owned utilities that serve the campuses in the development of all
5energy savings plans and projects.

6(3) Opportunities to further the purposes of the California Global
7Warming Solutions Act of 2006 (Division 25.5 (commencing with
8Section 38500) of the Health and Safety Code).

9(4) Opportunities to establish public-private partnerships in the
10development and implementation of the plan.

11(5) Relevant elements of the Long-Term Energy Efficiency Plan
12and the regulations adopted pursuant to Section 25943 of the Public
13Resources Code.

14(6) Opportunities to promote student involvement, job training,
15and workforce development in the development, design,
16deployment, evaluation, and measurement of energy savings
17projects.

18(d) Before January 1, 2014, and before January 1 of each year
19thereafter, the University of California, the California State
20University, and the California Community Colleges shall, if it
21receives funding from the Higher Education Energy Solutions
22Fund, submit to the Legislature, pursuant to Section 9795 of the
23Government Code, a report describing the disposition of funds
24received in the previous calendar year and the planned expenditures
25for the coming calendar year.

26

66092.  

The Higher Education Energy Solutions Fund is hereby
27established in the State Treasury. Upon appropriation by the
28Legislature, moneys in the fund shall be used by the Regents of
29the University of California, the Board of Trustees of the California
30State University, and the Board of Governors of the California
31Community Colleges to implement this article and the Systemwide
32Energy Solutions Action Plans.

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