Amended in Assembly August 5, 2013

Amended in Senate May 28, 2013

Amended in Senate May 7, 2013

Amended in Senate April 24, 2013

Amended in Senate March 21, 2013

Senate Bill No. 39

Introduced by begin delete Senators end delete begin insert Senator end insert De León begin delete and Steinberg end delete

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(Coauthors: Senators Beall, Block, Calderon, Corbett, DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson, Lara, Leno, Lieu, Liu, Negrete McLeod, Padilla, Pavley, Price, Roth, Rubio, Torres, Vargas, Wolk, and Yee)

end delete begin delete

(Coauthors: Assembly Members Hagman and Skinner)

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December 5, 2012

An act to begin delete add Chapter 5 (commencing with Section 26230) to Division 16.3 of the Public Resources Code, relating to energy end delete begin insert amend Section 25421 of the Public Resources Code, relating to energy, and making an appropriation therefor end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 39, as amended, De León. begin delete Energy: school facilities: energy efficiency upgrade projects. end delete begin insert Energy: conservation: financial assistance. end insert

begin insert

The Energy Conservation Assistance Act of 1979 requires, until January 1, 2018, the State Energy Resources Conservation and Development Commission to administer the State Energy Conservation Assistance Account, a continuously appropriated account to provide grants and loans to local governments and public institutions to maximize energy use savings.

end insert begin insert

This bill would extend the operation of the act to January 1, 2022, and would thereby make an appropriation by extending the time during which the funds in a continuously appropriated account are made available.

end insert begin delete

The California Clean Energy Jobs Act, an initiative measure enacted by voters as Proposition 39 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.

end delete begin delete

This bill would enact the Clean Energy Employment and Student Advancement Act of 2013 and would require the Office of Public School Construction, in coordination with the State Energy Resources Conservation and Development Commission, to develop the Clean Energy Employment and Student Advancement Program to award grants, based on the average daily attendance, to a school district, weighted as specified, for energy efficiency upgrade projects pursuant to the California Clean Energy Jobs Act. The bill would require the commission to develop criteria for project development, approval, and energy savings reporting. The bill would require the commission to establish a technical assistance grant program to assist in the assessment, development, and implementation of energy upgrade projects for school districts and charter schools without access to a utility-sponsored technical assistance program. The bill would require the commission, in coordination with the University of California energy research centers, to develop innovative facility evaluation systems to assist school districts with facility evaluations, benchmarking, scoping, and investigation. The bill would authorize the commission, in consultation with the California Conservation Corps and the certified community conservation corps, to provide preaudit, audit, and postinstallation verification services to assist school districts. The bill would require the commission to develop guidelines for a financing program for projects for which grants are inappropriate or not needed for implementation. The bill would require the commission to develop a database to quantify the costs and benefits of funded projects. The bill would require a school district or a charter school facility receiving moneys from the Clean Energy Job Creation Fund to repay those moneys under specified conditions. For the 2013-14 fiscal year, the bill would provide that moneys from the fund, upon appropriation by the Legislature, would be available to fund energy efficiency projects that are on the Emergency Repair Program unfunded approval list as of January 1, 2013.

end delete begin delete

This bill would specify the bidding requirements for contracts for projects that are funded, in whole or in part, by moneys from the Clean Energy Job Creation Fund and would require contractors for those contracts to meet specified requirements. The bill would require, with specified exceptions, the Department of Industrial Relations to monitor and enforce applicable prevailing wage requirements and would authorize the Director of Industrial Relations to charge the contracting agency for its reasonable and directly related costs incurred.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 25421 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

25421.  

(a) Except as provided in subdivision (b), this chapter
shall remain in effect only until January 1, begin delete 2018 end delete begin insert 2022 end insert , and as of
that date is repealed, unless a later enacted statute, which is enacted
before January 1, begin delete 2018 end delete begin insert 2022 end insert , deletes or extends that date.

(b) Except as specified in subdivisions (c) and (d), all loans
outstanding as of January 1, begin delete 2018 end delete begin insert 2022 end insert , shall continue to be repaid
on a semiannual basis, as specified in Section 25415, until paid in
full. All unexpended funds in the State Energy Conservation
Assistance Account on January 1, begin delete 2018 end delete begin insert 2022 end insert , and thereafter shall
revert to the General Fund.

(c) To the extent required under applicable bond obligations,
unexpended funds from the proceeds of bonds sold pursuant to
Section 25417.5 that remain in the State Energy Conservation
Assistance Account on January 1, begin delete 2018 end delete begin insert 2022 end insert , shall remain in the
account. These funds shall be expended pursuant to the applicable
requirements for bond proceeds. Once all applicable bond
obligations have been satisfied, unexpended funds shall revert to
the General Fund.

(d) Unexpended funds from the federal American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) remaining in the
State Energy Conservation Assistance Account on January 1, 2018,
shall revert to the Federal Trust Fund.

begin delete

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) 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
benefited out-of-state companies at the expense of expanded
employment in our state.

(b) It is the duty of the Legislature to put these dollars to work
in a manner that voters can see and experience the benefit of that
work. 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):

(1) Maximize job creation.

(2) Shrink our carbon footprint.

(3) Minimize bureaucratic costs.

(4) Create full transparency.

(5) Demand rigorous accountability.

(6) Create measurable results.

(c) 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 construction trades.

(d) 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 energy. Energy efficiency improvements
for public schools will reduce long-term energy costs and the
savings can be directed to the classroom.

(e) 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 arts and 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.

(f) 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.

(g) 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.

(h) It is the intent of the Legislature that:

(1) Priority for funds made available through the California
Clean Energy Jobs Act should be to award competitive grants
statewide to economically disadvantaged 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) To achieve the job creation and energy savings goals outlined
in the California Clean Energy Jobs Act, first year funds should
be distributed to schools with identified energy savings projects
on the unfunded Emergency Repair List resulting from the
settlement reached in Williams v. State of California (Case Number
CGC-00-312236 of the Superior Court of San Francisco) and
should allow retrofit projects to begin immediately while the state
defines the competitive grant process that will be used to distribute
funds in the subsequent years.

(3) Energy efficiency upgrade projects and deployment of onsite
clean energy installations should also provide short-term benefits,
including the creation of jobs that pay prevailing wages in
communities around the state, and stimulate local economies.

SEC. 2.  

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

 

Article 1.  General Provision and Definitions

 

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) “Best value” means a value determined by evaluation of
proposals with reference to specified criteria objectively applied,
including, but not limited to, price, quality of technical proposals,
qualifications of key personnel, and other criteria deemed
appropriate by a contracting agency awarding a contract for a
project funded, in whole or in part, by a grant awarded pursuant
to this chapter.

(b) “Commission” means the State Energy Resources
Conservation and Development Commission.

(c) “Department” means the State Department of Education.

(d) (1) “Energy efficiency upgrade project” or “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:

(A) Ventilation.

(B) Lighting and other system controls.

(C) Air infiltration.

(D) Water use.

(E) Windows and doors (fenestration).

(F) Heating and cooling (HVAC).

(G) Electrical system.

(H) Insulation.

(I) Roof system, such as insulation and energy efficient rooftop
surfaces.

(J) Energy monitoring and management system.

(K) Green infrastructure projects that reduce energy demand,
such as tree planting.

(2) “Project” includes energy efficiency retrofit, clean energy
installation, demand management, and other energy-related
projects.

(e) “ESCO” means an energy service or energy savings
company.

(f) “Loading order” means the state’s loading order described
in the Energy Plan II jointly adopted by the commission and the
Public Utilities Commission.

(g) “Office” means the Office of Public School Construction.

26232.  

For 2013-14 fiscal year, the office shall, to the extent
moneys are available, fund all energy efficiency projects that have
been previously approved by the State Allocation Board under the
Emergency Repair Program pursuant to Article 1.5 (commencing
with Section 17592.70) of Chapter 5 of Part 10.5 of Division 1 of
Title 1 of the Education Code, and placed on the Emergency Repair
Program unfunded approval list as of January 1, 2013. In order to
later quantify the costs and benefits of funded projects, the school
district shall authorize its local electric and gas utilities to provide
12 months of past and ongoing usage and billing records at the
school facility site level to the commission.

26232.5.  

(a) The Legislature finds and declares that the funds
generated pursuant to this division are public funds for the purposes
of the Government Code, Labor Code, and Public Contract Code.

(b) A project funded, in whole or in part, pursuant to this
division constitutes a public works project.

26233.  

(a) For a project funded, in whole or in part, pursuant
to this division, the governmental entity receiving the funding shall
ensure full compliance with Section 20111.6 of the Public Contract
Code and shall additionally require contractors and subcontractors
for the project to demonstrate a sustained commitment,
contribution, and investment in all of the following:

(1) A state-approved local training program for sustaining the
stability and longevity of a properly trained workforce for the 21st
century construction industry, including, but not limited to, Title
24 energy efficiency curriculum, hands-on training, safety training,
and continuing education programs.

(2) A federally recognized multiemployer health care program
for their workers or, alternatively, health care coverage products
that are approved by the Department of Managed Care or the
Department of Insurance that provide essential health benefits
coverage required by the federal Patient Protection and Affordable
Care Act (Public Law 111-148) and California law.

(3) A federally recognized multiemployer pension program or
federally approved worker pension programs or plans.

(b) (1) Except as provided in subdivision (c), the Department
of Industrial Relations shall monitor and enforce compliance with
applicable prevailing wage requirements for a public works project,
within the meaning of subdivision (b) of Section 1720 of the Labor
Code, that is financed, in whole or in part, pursuant to this division.
Monitoring and enforcement by the department shall be conducted
pursuant to subdivision (g) of Section 1771.5 of the Labor Code
and regulations adopted pursuant to that provision.

(2) The Director of Industrial Relations shall charge each
contracting agency for the reasonable and directly related costs of
monitoring and enforcing compliance with the prevailing wage
requirements on each project.

(A) The reasonable and directly related costs of monitoring and
enforcing compliance with the prevailing wage requirements on
a project incurred by the Department of Industrial Relations in
accordance with this section are payable by the contracting agency
as a cost of construction and shall be determined pursuant to
paragraph (1) of subdivision (h) of Section 1771.5 of Labor Code.

(B) All amounts collected by the Department of Industrial
Relations for its services pursuant to this section shall be deposited
in the State Public Works Enforcement Fund created by Section
1771.3 of the Labor Code.

(c) Subdivision (b) does not apply if the government entity
receiving funding pursuant to this division does either of the
following:

(1) If the contracting agency had initiated prior to January 1,
2012, a labor compliance program approved by the Department
of Industrial Relations for some or all of its public works projects
and had not contracted with a third party to conduct that program,
and requests and receives approval from the department to continue
to operate its existing labor compliance program for its public
works projects financed, in whole or in part, pursuant to this
division, in place of the department monitoring and enforcing
compliance on projects pursuant to subdivision (a).

(2) If the contracting agency has entered into a collective
bargaining agreement that binds all of the contractors performing
work on the project and that includes a mechanism for resolving
disputes about the payment of wages.

(d) In awarding contracts for projects funded pursuant to this
division, school districts and charter schools shall utilize the best
value competitive bid process that allows local contractors to bid
for these projects. Projects funded pursuant to this division shall
not be awarded using the procurement methods specified in either
Section 4217.12 of the Government Code or Section 17406 of the
Education Code.

26233.1.  

To provide work opportunities and a career path for
the next generation of energy efficiency tradespeople, all
contractors and subcontractors bidding on contracts to perform
work for a project funded, in whole or in part, pursuant to this
division shall have an agreement with a registered apprenticeship
program, approved by the California Apprenticeship Council, that
provides specific training for the work to be performed, and that
has graduated a minimum of 50 percent of the apprentices of the
program in the preceding five years. The agreement shall specify
that the contractor agrees to train apprentices to the standards of
the registered apprenticeship program.

26233.2.  

In awarding a contract for a project that is funded, in
whole or in part, pursuant to this division, the contracting agency
shall do all of the following:

(a) Award contracts utilizing the best value bid method.

(b) (1) Include factors including, but not limited to, price,
life-cycle costs, net energy savings, safety record, and other criteria
deemed appropriate by the contracting agency.

(2) For purposes of this subdivision, a bidder’s safety record
shall be deemed acceptable if its experience modification rate for
the most recent three-year period is an average of 1.00 or less, and
its average total recordable injury or illness rate and average lost
work rate for the most recent three-year period does not exceed
the applicable statistical standards for its business category, or if
the bidder is a party to an alternative dispute resolution system as
provided for in Section 3201.5 of the Labor Code.

(c) (1) Prepare a request for proposal setting forth the scope of
the project that may include, but is not limited to, the size, type,
and desired design character of the buildings and site, performance
specifications covering the quality of materials, equipment, and
workmanship, preliminary plans or building layouts, or any other
information deemed necessary to describe adequately the
contracting agency’s needs.

(2) The request for proposal shall do all of the following:

(A) Identify the basic scope and needs of the project or contract,
the expected cost range, and other information deemed necessary
by the contracting agency to inform interested parties of the
contracting opportunity.

(B) Invite interested parties to submit competitive sealed
proposals in the manner prescribed by the contracting agency.

(C) Include a section identifying and describing the following:

(i) All significant factors and subfactors that the contracting
agency reasonably expects to consider in evaluating proposals,
including cost or price and all nonprice related factors and
subfactors.

(ii) The methodology and rating or weighting scheme that will
be used by the contracting agency in evaluating competitive
proposals and specifically whether proposals will be rated
according to numeric or qualitative values.

(iii) The relative importance or weight assigned to each of the
factors identified in the request for proposal.

(iv) As an alternative to clause (iii), the contracting agency shall
specifically disclose whether all evaluation factors other than cost
or price, when combined, are any of the following:

(I) Significantly more important than cost or price.

(II) Approximately equal in importance to cost or price.

(III) Significantly less important than cost or price.

(v) If the contracting agency wishes to reserve the right to hold
discussions or negotiations with responsive bidders, it shall so
specify in the request for proposal and shall publish separately or
incorporate into the request for proposal applicable rules and
procedures to be observed by the contracting agency to ensure that
any discussions or negotiations are conducted in a fair and impartial
manner.

(d) Establish a procedure to prequalify contractors, including
general contractors and all electrical, mechanical, and plumbing
contractors, regardless of whether they bid as subcontractors or as
prime contractors, using a standard questionnaire that includes, at
a minimum, the issues covered by the standardized questionnaire
and model guidelines for rating bidders developed by the
Department of Industrial Relations.

26233.3.  

Notwithstanding any provision of the Public Contract
Code, upon issuance of a contract award for a project funded, in
whole or in part, pursuant to this division, the contracting agency
shall publicly announce its award, identifying the contractor to
whom the award is made, the winning contractor’s price proposal,
and its overall combined rating on the request for proposal
evaluation factors. The notice of award shall also include the
agency’s ranking in relation to all other responsive bidders and
their respective price proposals and a summary of the contracting
agency’s rationale for the contract award.

 

Article 2.  Elementary and Postsecondary Education

 

26235.  

(a) The office, in coordination with the commission,
shall develop and administer the Clean Energy Employment and
Student Advancement Program to award grants to school districts
and charter school facilities from moneys appropriated by the
Legislature from the Job Creation Fund for the purposes of
subdivision (a) of Section 26205.

(b) A school district or a charter school may submit to the office
an application for a grant pursuant to this article. The application
shall include a complete energy audit for the facility for which the
application is submitted.

(c) A school district shall be eligible to compete for funding up
to a maximum allocation level for each county based on the average
daily attendance formula, weighted toward the school district’s
eligibility under Title I of the federal Elementary and Secondary
Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.).

(d) Upon approval of an application, the office shall submit to
the State Allocation Board the application for review pursuant to
Chapter 12.5 (commencing with Section 17070.10) of Part 10 of
Division 1 of Title 1 of the Education Code. The office shall award
the grant to the school district upon the approval of the State
Allocation Board.

(e) Prior to funding allocation for onsite clean energy
installation, a school district or charter school shall demonstrate
that energy cost savings over 75 percent of the expected life of the
onsite clean energy installation is greater than the total costs of
the installation.

26236.  

The department, in consultation with the office, shall
do all of the of the following:

(a) Offer technical assistance to all applicants and potential
applicants for grant preparation to encourage full participation in
the grant program.

(b) Implement outreach and marketing strategies for the
program.

(c) Analyze participation to inform and modify outreach and
marketing efforts.

26237.  

(a) On or before ____, 2014, the commission shall
develop guidelines and criteria for project development, approval,
and energy savings reporting, consistent with Section 26206, that
include all of the following:

(1) Energy audit standards and procedures.

(2) Evaluation, measurement, and verification standards.

(3) Inventory and reporting standards.

(4) Project approval criteria.

(5) Project eligibility and ranking based on the loading order.

(b) (1) The commission shall adopt the guidelines at a publicly
noticed meeting and provide an opportunity for the public to
comment. The commission shall provide a written public notice
of the meeting at least 30 days prior to the meeting.

(2) For substantive revision of the guidelines, the commission
shall provide a written notice of the meeting at least 15 days prior
to the meeting at which the revision is to be considered or adopted.

(3) The adoption or revision of the guidelines is exempt from
the requirements of Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code.

(c) In developing the criteria for project eligibility and ranking,
the commission, in coordination with the office, shall base the
prioritization of projects on all of the following:

(1) Eligibility of the school district in which the project is
located under Title I of the federal Elementary and Secondary
Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.), determined
as a percentage of pupils eligible for Title I funding.

(2) The amount of energy savings resulting from the project,
such as measurements of kilowatts per hour saved.

(3) The ability of the school district or charter school to enter
into contracts implementing the project within 90 days of grant
award.

(4) The ability of the school district or charter school to leverage
moneys or resources, including grants or financing from local,
private, and other public and ratepayer funds, including funds from
participating in a utility energy program; or to partner with two or
more entities, including, but not limited to, other school districts,
nonprofit organizations, local government agencies, ESCOs, and
others; or both leveraging and partnership to maximize investments
and benefits to the public.

(5) The geographic locale of the school site in reference to the
ranking of its Zip Code pursuant to Section 39711 of the Health
and Safety Code, with the most impacted receiving the highest
priority and the least impacted receiving the lowest priority.

(6) The ability of the project to enhance workforce development
and employment opportunities, utilize members of the California
Conservation Corps, certified local conservation Corps,
YouthBuild, California community college districts, Green
Partnership Academies, Division of Apprenticeship Standards,
nonprofit organizations, state certified apprenticeship programs,
targeted hire provisions, labor management partnerships, high
school career technical academies, and high school regional
occupational programs, if available, or accommodate learning
opportunities for school pupils or at-risk youth in the community.

26238.  

The commission shall, in consultation with the
University of California energy research centers, develop
innovative facility evaluation systems to assist school districts and
charter schools with facility evaluations, benchmarking, scoping,
and investigation, including computer modeling, the use of the
United States Environmental Protection Agency Portfolio Manager,
and onsite surveys.

26239.  

The commission, in consultation with the California
Conservation Corps and certified community conservation corps,
may provide preaudit, audit, and postinstallation verification
services to assist school districts and charter schools.

26239.5.  

The commission may allow the use of data analytics
of energy usage data, where possible, in the energy auditing,
evaluation, inventorying, measuring, and verification of projects.

26240.  

(a) The commission, upon appropriation by the
Legislature, shall establish a technical assistance grant program
to assist with the assessment, development, and implementation
of projects for school districts and charter school without access
to utility-sponsored energy efficiency technical assistance.

(b) The commission shall establish guidelines for the technical
assistance programs, including eligible activities to be funded. The
commission shall, at a minimum, allow for the following eligible
activities:

(1) Needs assessment, benchmarking, scoping, and investigation,
including support for energy audits when other programs do not
exist.

(2) Project development.

(3) Bid preparation.

(4) Assistance with leveraging other public and private funds.

(5) Permit and citing support.

(6) Preparation of postproject energy measurement and
verification reports.

(c) For the purposes of assisting school districts and charter
schools, the commission may also provide grants for technical
assistance pursuant to this section to any of the following entities:

(1) Local governments.

(2) Renewable energy networks.

(3) County offices of education.

(4) Nonprofit organizations dedicated to provide energy project
development and implementation assistance.

(d) For appropriate school districts, the commission may
complement the requirements of this section through the Bright
Schools Program.

26241.  

(a) For projects for which grants are inappropriate or
not needed for implementation, the commission shall develop a
project financing program in the form of very low interest rate
loans. The commission shall use the program developed pursuant
to Chapter 5.2 (commencing with Section 25410) of Division 15
to administer the financing program pursuant to this section.

(b) The commission shall develop guidelines and criteria for
project development, approval, and energy savings reporting,
consistent with Section 26206, that include all of the following:

(1) Energy audit standards and procedures.

(2) Evaluation, measurement, and verification standards.

(3) Inventory and reporting standards.

(4) Project approval criteria.

(5) Project eligibility and ranking based on the loading order.

(c) The commission shall prioritize loans to schools with higher
eligibility under Title I of the federal Elementary and Secondary
Education Act of 1965 (20 U.S.C. Sec 6301 et seq.).

(d) The commission shall ensure the financing program
incentives participation by ESCOs, utilities, local governments,
and other entities in project development.

26242.  

Upon appropriation by the Legislature, the commission
shall, in coordination with the Treasurer’s office, develop additional
financing tools that incentive the participation of private capital
investments in projects for schools with kindergarten or grades 1
to 12, inclusive.

26243.  

(a) A school district receiving moneys pursuant to this
article for a project for a facility that is torn down for remodel, or
the property is deemed to be surplus and sold within 10 years of
project completion shall repay to the state all moneys received
from the Job Creation Fund for the project.

(b) For a charter school facility that is not publicly owned, a
school district receiving moneys pursuant to this article for a project
for that facility shall repay to the state all moneys received from
the Job Creation Fund for the project if the charter school vacates
the facility within five years of project completion.

(c) To quantify costs and benefits of projects, the commission
shall develop a database and methodology as follows:

(1) In accordance with a schedule established by the
commission, the school district or charter school will authorize its
local electric or gas utilities to provide to the commission the 12
months of past and ongoing usage and billing records at the school
facility site level.

(2) The commission shall compile the information provided by
the utilities into a database that will assist the commission in
quantifying the costs and benefits of implementing the projects
funded, in whole or in part, pursuant to this chapter. The
commission may, upon appropriation by the Legislature, expend
moneys from the Job Creation Fund for the purposes of developing
and maintaining the database.

(3) The commission shall compute the costs of energy saved as
a result of implementing the projects funded, in whole or in part,
pursuant to this chapter. The costs and savings shall be calculated
in a manner established by the commission.

end delete