BILL NUMBER: SB 39 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 21, 2013
INTRODUCED BY Senators De León and Steinberg
(Coauthors: Senators Beall, Block, Calderon, Corbett, DeSaulnier,
Evans, Galgiani, Hancock, Hernandez, Hill, Jackson, Lara, Leno, Lieu,
Liu, Negrete McLeod, Padilla, Pavley, Price, Roth, Rubio, Vargas,
Wolk, and Yee)
(Coauthors: Assembly Members Skinner and Torres)
DECEMBER 5, 2012
An act to add Chapter 5 (commencing with Section 26230) to
Division 16.3 of the Public Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
SB 39, as amended, De León. Energy: school facilities: energy
efficiency upgrade projects.
The California Clean Energy Jobs Act, an initiative measure
enacted by voters at the November 6, 2012, statewide general
election, establishes the Clean Energy Job Creation Fund and requires
moneys in the fund to be available for appropriation during
specified fiscal years for, among other things, the purposes of
funding energy efficiency projects in school facilities.
This bill would enact the Clean Energy Employment and Student
Advancement Act of 2013 and would require the Office of Public School
Construction , in consultation with the State Energy Resources
Conservation and Development Commission and the Public Utilities
Commission, to establish a school district assistance program
to distribute grants, on a competitive basis, for energy efficiency
upgrade projects pursuant to the California Clean Energy Jobs Act.
The bill would require the office, upon the approval of the State
Allocation Board, to award a school district grants for energy
efficiency upgrade projects meeting specified criteria. The bill
would require the office to give priority applications meeting
specified criteria. The bill would require the office, in
consultation with the State Energy Resources Conservation and
Development Commission, to establish a program to evaluate the
potential to fund energy efficiency and clean energy projects for
schools, including colleges and universities, through the use of m
atching funds, low-interest loans, or other financing
methods.
This bill would state the intent of the Legislature to appropriate
moneys to the Office of Public School Construction from the fund for
the purposes of awarding energy efficiency grants to the most
disadvantaged schools in need of modernization for the purposes of
energy efficiency upgrades.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) The people of the State of California voiced their strong
support for the California Clean Energy Jobs Act by enacting
Proposition 39 at the November 6, 2012, statewide general election.
The voters closed an egregious corporate tax loophole that only
benefitted benefited out-of-state
companies at the expense of expanded employment in our state.
(2) It is the duty of the Legislature to put these dollars to work
in a manner that voters can see and experience the benefit.
benefit of Proposition 39 enumerated the
following key principles in guiding the expenditure of the revenues
raised through the California Clean Energy Jobs Act (Division 16.3
(commencing with Section 26200) of the Public Resources Code):
(A) Maximize job creation.
(B) Shrink our carbon footprint.
(C) Minimize bureaucratic costs.
(D) Create full transparency.
(E) Demand rigorous accountability.
(F) Create measurable results.
(3) Since the recession began in late 2007, California has lost
nearly 1.4 million jobs, including 400,000 in the construction
industry alone. Investing in energy efficiency will maximize job
creation and will help the state regain a sense of economic security
and sustainability at a time when unemployment remains high. The
state can further stimulate its economy by putting the industry
segment back to work that is most in need - the
need--the construction trades.
(4) Studies show the continuing high cost of energy and utilities
due to inefficient lighting, insulation, heating, ventilation, and
air conditioning systems, plumbing, windows, and irrigation systems
that take local money away from educational programs. For
example, the Los Angeles Unified School District spends $105,000,000
annually on electricity energy . Energy
efficiency improvements for public schools will reduce long-term
energy costs and the savings can be directed to the classroom.
(5) Substandard physical environments are strongly associated with
truancy and other behavior problems in pupils. Lower pupil
attendance leads to lower scores on standardized tests in
English-language English language arts and
math mathematics . Schools with better
building conditions have up to 14 percent lower pupil suspension
rates. Improving a school's health and safety standards can lead to a
36-point increase in California Academic Performance Index scores.
(6) Several studies have determined that children suffer
significant health consequences from excessive heat, inadequate
heating, ventilation, and air conditioning systems, mold and other
biological hazards, pest infestations, lead and other toxic hazards,
and overcrowding beyond the stated capacity of the school structure.
Research repeatedly shows the detrimental impact to the health of
pupils due to poor indoor air quality in classrooms. Increasing
energy efficiency will reduce air pollution that causes asthma and
lung disease.
(7) Economically disadvantaged school communities are often the
same areas that suffer most from high unemployment and destructive or
unlawful conduct by youth. The program funded by revenues generated
by the California Clean Energy Jobs Act will encourage community
participation in, and a greater sense of responsibility toward,
educational, environmental, and fiscal benefits of modernizing
facilities, which will enhance community pride and sustain
neighborhood vitality.
(b) It is the intent of the Legislature that:
(1) The First priority for funds
made available through the California Clean Energy Jobs Act
should be used to award competitive grants
statewide to economically disadvantaged school communities
that are accomplished by delivering project funds to neighborhoods in
areas of highest need, while offering schools to
provide operational cost savings in schools maintaining kindergarten
or any of grades 1 to 12, inclusive, and create a healthy indoor
environment for pupils and staff and to offer technical
assistance to all applicants and potential applicants for grant
preparation to encourage full participation in the grant program.
(2) The grant program funded by revenues generated by the
California Clean Energy Jobs Act will finance competitive grants for
energy efficiency upgrade projects that provide operational
cost-savings improvements in K-12 school facilities.
(3) Energy efficiency upgrade projects create long-term benefits
and cost savings for school districts by significantly reducing
energy operational costs, creating a healthy indoor environment for
our pupils and staff and reducing the impact that energy creation and
consumption has on our natural environment.
(4)
(2) Energy efficiency upgrade projects
should also provide short-term benefits, including the creation
of prevailing-wage paying jobs that pay
prevailing wages in communities around the state, and stimulate
local economies.
(3) In addition to grants for economically disadvantaged schools,
to the extent funds are available, funds could be allocated to
finance or provide matching funds for cost-effective energy
efficiency upgrades and clean energy projects at schools maintaining
kindergarten or any of grades 1 to 12, inclusive, and for projects at
community colleges or at the campuses of the University of
California or the California State University.
(4) Workforce training programs, including the California
Conservation Corps, certified community conservation corps,
YouthBuild, and other existing programs to train and employ
disadvantaged youth, veterans, and others on energy efficiency and
clean energy projects could also be funded.
SEC. 2. It is the intent of the Legislature to make moneys
available to the Office of Public School Construction, upon
appropriation, from the Clean Energy Job Creation Fund to award
energy efficiency upgrade grants to the most disadvantaged schools in
need of modernization for the purposes of energy efficiency upgrades
pursuant to the California Clean Energy Jobs Act (Division 16.3
(commencing with Section 26200) of the Public Resources Code).
SEC. 3. Chapter 5 (commencing with Section 26230) is added to
Division 16.3 of the Public Resources Code, to read:
CHAPTER 5. CLEAN ENERGY EMPLOYMENT AND STUDENT ADVANCEMENT ACT
OF 2013
26230. This chapter shall be known, and may be cited, as the
Clean Energy Employment and Student Advancement Act of 2013.
26231. As used in this chapter, the following terms shall have
the following meanings:
(a) "Energy efficiency upgrade project" means a school facility
project that reduces energy consumption and operational costs through
means that include, but are not limited to, improvements to one or a
combination of the following:
(1) Ventilation.
(2) Lighting and other system controls.
(3) Air infiltration.
(4) Water use.
(5) Windows and doors (fenestration).
(6) Heating and Cooling cooling
(HVAC).
(7) Electrical System system .
(8) Insulation.
(b) "Office" means the Office of Public School Construction.
(c) "School district" means a school district or a county office
of education.
26232. The office shall , in consultation with the State
Energy Resources Conservation and Development Commission and the
Public Utilities Commission, establish a school district
assistance program to distribute grants, on a competitive basis,
prioritizing economically disadvantaged school communities for energy
efficiency upgrade projects that offer the highest energy efficiency
saving savings , pursuant to this
division.
26233. (a) The office shall offer technical assistance to all
applicants and potential applicants for grant preparation to
encourage full participation in the grant program.
(b) The office shall use existing benchmarking tools to determine
present average energy consumption for a school facility by size and
type.
26234. Upon approval by the State Allocation Board, the office
shall award to a school district a grant pursuant to this chapter
only for an energy efficiency upgrade project that meets all of the
following criteria:
(a) The proposed project meets the qualifications of an energy
efficiency upgrade project.
(b) The school district complies with the required labor
compliance and contractor qualification standards.
(c) The amount of the grant applied for, together with any
matching contribution, will meet all of the costs of implementing the
energy efficiency upgrade project.
(d) The school district allows the office to audit all
expenditures made with grant funds.
(e) The school district agrees to track and report to the office
the number of jobs created as a result of the energy efficiency
upgrade project.
(f) The school district reports to the office the operational cost
savings resulting from the energy efficiency upgrade project, both
at the district level, in aggregate, and school facility site level.
26235. In evaluating applications for grants that meet the
requirements of Section 26234, the office shall assign higher
priority to applications that meet each any
application that meets all of the following criteria:
(a) The energy efficiency upgrade project is located at a school
facility with an above average energy consumption, as determined by
the benchmark pursuant to subdivision (b) of Section 26233.
(b) The energy efficiency upgrade project is located in an
economically disadvantaged school community, based on the percentage
of pupils eligible for the federal free and reduced price
reduced-price lunch program.
(c) The energy efficiency project is located in an area with an
above average unemployment rate as compared to the statewide
unemployment rate.
(d) The school district has actively involved pupils and
classified school employees at the school facility site in the
planning and design of the energy efficiency upgrade project.
(e) The energy efficiency upgrade project includes a plan to fund
and train classified school employees to service and maintain the
projects.
(e)
(f) The energy efficiency upgrade project
will enhance workforce development and employment opportunities,
utilize members of the California Conservation Corps or certified
local conservation corps, if available, or accommodate learning
opportunities for school pupils or at-risk youth in the community.
(f)
(g) The energy efficiency upgrade project is
a joint partnership between two or more agencies, including, but not
limited to, other school districts, nonprofit organizations, and
local government agencies to maximize the investment and benefit to
the public.
26236. (a) In addition to the program established
pursuant to Section 26232, the office, in consultation with the
State Energy Resources Conservation and Development Commission, shall
develop a financing program by evaluating the potential to fund
projects, consistent with the requirements of Chapter 2 (commencing
with Section 26205) for schools maintaining kindergarten or any of
grades 1 to 12, inclusive, community colleges, and campuses of the
University of California and the California State University through
the use of matching funds, low-interest loans, or other financing
methods.
(b) Upon appropriation by the Legislature for the purposes of
implementing this section, the office may establish standards
consistent with this division for the implementation of a financing
program developed pursuant to subdivision (a).