BILL NUMBER: SB 35 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN SENATE APRIL 23, 2013
INTRODUCED BY Senator Pavley
DECEMBER 4, 2012
An act to add Article 10 (commencing with Section 66090)
to Chapter 2 of Division 5 of Title 3 of the Education Code, relating
to higher education. amend Section 629. 98
of the Penal Code, relating to wiretapping.
LEGISLATIVE COUNSEL'S DIGEST
SB 35, as amended, Pavley. Higher education: energy
conservation. Wiretapping: authorization.
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.
This bill would extend the operation of these provisions until
January 1, 2020.
By extending the operation of provisions of law creating a crime,
this bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 629.98 of the Penal
Code is amended to read:
629.98. This chapter shall remain in effect only until January 1,
2015, 2020, and as of that date is
repealed.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. (a) The Legislature finds and
declares all of the following:
(1) California's public colleges and universities are decades old,
inefficient, and in need of renovation, and as a result, a constant
strain on the fiscal health of California's higher education system
due to excessive energy-related expenditures.
(A) Sixty percent of the buildings of the University of California
are more than 30 years old, with many having been constructed in the
1950s and 1960s.
(B) More than half of the existing facilities of the California
State University are over 28 years old.
(C) Seventy-four percent of the existing facilities of the
California Community Colleges are over 25 years old and 60 percent
are over 40 years old.
(2) The University of California and the California State
University systems account for approximately 5 percent of all
commercial energy consumption in California, representing not only a
significant cost to the state's public universities, but also a major
greenhouse gas reduction opportunity.
(3) The budgetary savings that could be achieved with significant
near-term investments in energy efficiency and clean energy would
provide long-term General Fund relief, reduce the need for tuition
fee increases, and further enhance the ability of California's
colleges and universities to provide quality, accessible, and
affordable higher education.
(4) 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 have already adopted
energy, sustainability, and climate solutions policies that establish
usable institutional frameworks and guidelines for implementing and
administering greater investment in energy efficiency and clean
energy.
(5) It is in the public interest of the state to reduce energy
consumption from colleges and universities, especially through
building retrofits that achieve deep levels of energy efficiency
improvement, including those called for in the Long-Term Efficiency
Strategic Plan adopted by the Public Utilities Commission.
(b) It is the intent of the Legislature to enhance access to, and
the quality of, higher education in California, while also
stimulating near-term job creation and reducing greenhouse gas
emissions, by providing financial assistance to universities and
colleges to invest in cost-reducing energy efficiency retrofits,
clean energy installations, and other energy system improvements.
SEC. 2. Article 10 (commencing with Section
66090) is added to Chapter 2 of Division 5 of Title 3 of the
Education Code, to read:
Article 10. Systemwide Energy Solutions
66090. For the purposes of this article, "energy savings project"
means a measure, program, activity, or expenditure that results in
energy savings, greenhouse gas emissions reduction, and budgetary
savings, through investments in clean energy, as defined in Section
26220 of the Public Resources Code.
66091. (a) The Board of Trustees of the California State
University and the Board of Governors of the California Community
Colleges shall, and the Regents of the University of California are
requested to, each establish a special subcommittee, which shall each
develop through a public process 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.
(b) Each special subcommittee shall include experts in energy
efficiency, job creation, greenhouse gas management, and finance and
accounting, and at least one student member.
(c) In developing their plans, the California State University and
the California Community Colleges shall, and the University of
California is requested to, consider all of the following:
(1) Energy savings plans and projects consistent with the state's
loading order, as described in the Energy Plan II jointly adopted by
the Public Utilities Commission and the State Energy Resources
Conservation and Development Commission, and that are cost effective,
reliable, and feasible, with total energy savings benefits exceeding
project costs.
(2) Consulting with electric and gas corporations and publicly
owned utilities that serve the campuses in the development of all
energy savings plans and projects.
(3) Opportunities to further the purposes of the California Global
Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code).
(4) Opportunities to establish public-private partnerships in the
development and implementation of the plan.
(5) Relevant elements of the Long-Term Energy Efficiency Plan and
the regulations adopted pursuant to Section 25943 of the Public
Resources Code.
(6) Opportunities to promote student involvement, job training,
and workforce development in the development, design, deployment,
evaluation, and measurement of energy savings projects.
(d) Before January 1, 2014, and before January 1 of each year
thereafter, the University of California, the California State
University, and the California Community Colleges shall, if it
receives funding from the Higher Education Energy Solutions Fund,
submit to the Legislature, pursuant to Section 9795 of the Government
Code, a report describing the disposition of funds received in the
previous calendar year and the planned expenditures for the coming
calendar year.
66092. The Higher Education Energy Solutions Fund is hereby
established in the State Treasury. Upon appropriation by the
Legislature, moneys in the fund shall be used by 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 to implement this article and the Systemwide
Energy Solutions Action Plans.