Amended in Senate May 28, 2013

Amended in Senate April 23, 2013

Amended in Senate April 9, 2013

Amended in Senate April 1, 2013

Senate BillNo. 64


Introduced by Senator Corbett

January 10, 2013


An act to add Chapterbegin delete 5end deletebegin insert 7end insert (commencing with Sectionbegin delete 26230)end deletebegin insert 26250)end insert to Division 16.3 of the Public Resources Code, relating to energy efficiency, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 64, as amended, Corbett. Proposition 39: implementation.

The California Clean Energy Jobs Act, an initiative approved by the voters at the November 6, 2012, statewide general election as Proposition 39, made changes to corporate income taxes and, except as specified, provides for the transfer of $550,000,000 annually from the General Fund to the Clean Energy Job Creation Fund for 5 fiscal years beginning with the 2013-14 fiscal year. Moneys in the Clean Energy Job Creation Fund are available, upon appropriation by the Legislature, for purposes of funding eligible projects that create jobs in California improving energy efficiency and expanding clean energy generation. Existing law provides for the allocation of these funds for eligible projects at public school facilities, university and college facilities, and other public buildings and facilities, as well as job training and workforce development, and public-private partnerships, as specified.

This bill would require the State Energy Resources Conservation and Development Commission to develop and administerbegin delete programs,end deletebegin insert a competitive financial assistance program for energy efficiency and clean energy onsite generation projects that areend insert consistent withbegin delete the act, to provide financial assistance to school districts, cities, and counties to install energy efficiency or clean energy technology in public schools and municipal facilitiesend deletebegin insert specified provisions of the act and to develop and adopt certain guidelines for the program. The bill would provide that eligible facilities for the competitive financial assistance program include, but are not limited to, hospitals and wastewater treatment facilities, and would provide that schools are not eligible for the programend insert. The bill would appropriate for the 2013-14 fiscal year an unspecified sum from the Clean Energy Job Creation Fund to the commission for the above purpose, thereby making an appropriation.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Chapter begin delete5end deletebegin insert7end insert (commencing with Section
2begin delete26230)end deletebegin insert26250)end insert is added to Division 16.3 of the Public Resources
3Code
, to read:

4 

5Chapter  begin delete5.end deletebegin insert7.end insert Programs for Public Buildings
6

 

7

begin delete26230.end delete
8begin insert26250.end insert  

(a) The State Energy Resources Conservation and
9Development Commissionbegin delete shall, utilizing existing resources,
10programs, and expertise,end delete
begin insert shall develop and adopt guidelines for,
11andend insert
develop and administerbegin delete programs, consistent with Section
1226205, to provide financial assistance to school districts, cities,
13and counties to install low risk, high-return energy efficiency or
14clean energy technology in public schools with kindergarten or
15grades 1 to 12, inclusive, or municipal facilities that will do all of
16the following:end delete
begin insert a, competitive financial assistance program for
17energy efficiency and clean energy onsite generation projects that
18are consistent with paragraph (3) of subdivision (a) of Section
1926205. Eligible facilities may include, but are not limited to,
20hospitals and wastewater treatment facilities. Eligible facilities
21shall not include school facilities.end insert

begin delete

P3    1(1) Reduce fossil fuel emissions in a manner that is
2environmentally sustainable and, to the greatest extent practicable,
3to maximize benefits for local and regional communities.

4(2) Reduce the total energy use of the school district, city, or
5county.

6(3) Improve energy efficiency of the schools or municipal
7facilities.

8(b) Projects eligible for financial assistance pursuant to programs
9developed pursuant to subdivision (a) include, but are not limited
10to, the following:

11(1) Lighting retrofits and controls.

12(2) Street lighting and traffic signal retrofits.

13(3) Heating, ventilation, and air-conditioning modifications and
14controls.

15(4) Automated energy management systems, motors, and
16variable speed drives and pumps.

17(5) Water or wastewater system process and control retrofits.

18(6) Clean energy technology that is intended to primarily offset
19part or all of the facility’s electrical requirements.

20(c) The programs developed pursuant to subdivision (a) shall
21ensure the projects receiving financial assistance are consistent
22with the state’s loading order, as described in the Energy Action
23Plan II jointly adopted by the Public Utilities Commission and the
24State Energy Resources Conservation and Development
25Commission, and are cost effective, reliable, and feasible, with
26total energy savings benefits exceeding project costs.

27(d) The commission shall require a school district, city, or county
28applying for financial assistance pursuant to a program developed
29pursuant to subdivision (a) to submit a feasibility study that
30 provides estimates of costs and energy savings resulting from a
31project.

32(e) The commission shall not provide financial assistance
33pursuant to a program developed pursuant to subdivision (a) of
34projects related to swimming pools, gambling establishments,
35aquariums, zoos, or golf courses.

36(f) (1) The commission may adopt guidelines governing the
37award, eligibility, and administration of the programs developed
38pursuant to subdivision (a).

39(2) The commission shall adopt guidelines at a publicly noticed
40meeting and provide an opportunity for the public to comment.
P4    1The commission shall provide a written public notice of meeting
2at least 30 days prior to the meeting.

3(3) For substantive revision of the guidelines, the commission
4shall provide a written notice of meeting at least 15 days prior to
5the meeting at which the revision is to be considered or adopted.

6(4) The adoption or revision of guidelines pursuant to this
7subdivision is exempt from the requirements of Chapter 3.5
8(commencing with Section 11340) of Part 1 of Division 3 of Title
92 of the Government Code.

end delete
begin insert

10(b) In addition to the criteria specified in Section 26206, the
11guidelines adopted pursuant to subdivision (a) shall do all of the
12following:

end insert
begin insert

13(1) Establish audit standards and procedures.

end insert
begin insert

14(2) Ensure that the projects receiving financial assistance are
15consistent with the state’s loading order, as described in the Energy
16Plan II jointly adopted by the State Energy Resources Conservation
17and Development Commission and the Public Utilities Commission.

end insert
begin insert

18(3) Ensure that the projects are reliable and feasible with total
19energy savings benefits exceeding project costs.

end insert
begin insert

20(4) Establish energy savings measurement and verification
21standards.

end insert
begin insert

22(5) If the project is for clean energy onsite generation, require
23that the energy cost savings over 75 percent of the expected life
24of the project will exceed the initial investment.

end insert
begin insert

25(6) Give priority to projects that have the highest energy savings
26relative to the amount of public moneys used to finance the project.

end insert
begin insert

27(c) The State Energy Resources Conservation and Development
28Commission may use its existing grant and financing programs to
29minimize administrative costs associated with the program,
30including the program developed pursuant to the Energy
31Conservation Assistance Act of 1979 (Chapter 5.2 (commencing
32with Section 25410) of Division 15).

end insert
33

begin delete26231.end delete
34begin insert26251.end insert  

The sum of ____ dollars ($____) is hereby appropriated
35for the 2013-14 fiscal year from thebegin insert Clean Energyend insert Job Creation
36Fund to the State Energy Resources Conservation and Development
37Commission for the purposes of this chapter.



O

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