Amended in Assembly June 14, 2013

Amended in Senate May 28, 2013

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 Bill No. 64

Introduced by Senator Corbett

January 10, 2013

An act to add begin delete Chapter 7 (commencing with Section 26250) to Division 16.3 of the Public Resources Code, relating to energy efficiency, and making an appropriation therefor end delete begin insert Section 16428.96 to the Government Code, relating to greenhouse gases end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 64, as amended, Corbett. begin delete Proposition 39: implementation. end delete begin insert California Global Warming Solutions Act of 2006: market-based compliance mechanisms: Clean Technology Investment Account. end insert

begin insert

The California Global Warming Solutions Act of 2006, hereafter the Global Warming Solutions Act, designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. Existing law requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund. Existing law permits moneys from the fund be allocated for the research, development, and deployment of innovative technologies, measures, and practices related to programs and projects funded under the Global Warming Solutions Act.

end insert begin insert

This bill would create the Clean Technology Investment Account within the Greenhouse Gas Reduction Fund. The bill would require the Legislature to annually appropriate moneys from the Greenhouse Gas Reduction Fund or other funds to the Clean Technology Investment Account in the Budget Act. The bill would make the moneys in the Clean Technology Investment Account available to the state board for the purposes of providing grants to nonprofit public benefit corporations and regional technology alliances to design and implement programs that accelerate the development, demonstration, and deployment by companies and entrepreneurs of transformative technologies that would reduce or have the potential to reduce greenhouse gas emissions and foster job creation in the state, as specified.

end insert begin delete

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.

end delete begin delete

This bill would require the State Energy Resources Conservation and Development Commission to develop and administer a competitive financial assistance program for energy efficiency and clean energy onsite generation projects that are consistent with 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. The bill would also provide that eligible facilities include facilities in public school districts, as provided. 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.

end delete

Vote: majority. Appropriation:  begin delete yes end delete begin insert no 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

It is the intent of the Legislature that moneys in
the Clean Technology Investment Account be used to facilitate the
achievement of reductions of greenhouse gas emissions in this
state consistent with paragraph (7) of subdivision (c) of Section
39712 of the Health and Safety Code.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 16428.96 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 16428.96. end insert   

(a) There is hereby created the Clean Technology
Investment Account within the Greenhouse Gas Reduction Fund,
established pursuant to Section 16428.8. Moneys in the Clean
Technology Investment Account shall be available for expenditure
by the State Air Resources Board for the purposes of this section,
upon appropriation by the Legislature. The Legislature shall
annually appropriate moneys from the Greenhouse Gas Reduction
Fund or other funds to the Clean Technology Investment Account
in the annual Budget Act.

(b) (1) Moneys in the Clean Technology Investment Account
shall be expended by the State Air Resources Board for grants to
design and implement programs that accelerate the development,
demonstration, and deployment by companies and entrepreneurs
of transformative technologies that would reduce or have the
potential to reduce greenhouse gas emissions and foster job
creation in the state.

(2) The State Air Resources Board shall make grants available
pursuant to paragraph (1) to either of the following:

(A) Nonprofit public benefit corporations formed pursuant to
the Nonprofit Corporation Law (Division 2 (commencing with
Section 5000) of the Corporations Code) that are qualified to do
business in California and are qualified under Section 501(c)(3)
of the Internal Revenue Code.

(B) Regional technology alliances.

(3) Not more than 5 percent of the moneys appropriated to the
State Air Resources Board pursuant to this section shall be used
to pay the costs associated with administering this section.

(c) Priority for grants awarded pursuant to subdivision (b) shall
be given to nonprofit public benefit corporations and regional
technology alliances that have one or more of the following:

(1) A demonstrated ability to accelerate innovative technologies
intended to reduce greenhouse gas emissions.

(2) A demonstrated ability to attract private capital.

(3) Access to a broad network of resources, including, but not
limited to, sponsoring entities, outside venture capital, academia,
volunteers, and mentors.

(4) Operate as part of a larger effort that it can leverage for
the purposes of the programs designed pursuant to paragraph (1)
of subdivision (b).

(5) An ability to match public funds with private resources,
whether actual cash or in-kind contributions.

(d) Prior to disbursing moneys pursuant to this section, the
State Air Resources Board shall develop and adopt project
solicitation and evaluation guidelines. The state board shall
conduct a public meeting to consider public comments prior to
finalizing the guidelines. At least 30 days prior to the public
meeting, the state board shall publish the draft solicitation and
evaluation guidelines on its Internet Web site.

(e) The Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2) does not
apply to the development of program guidelines and solicitation
and evaluation guidelines developed pursuant to this section.

end insert

begin delete

SECTION 1.  

Chapter 7 (commencing with Section 26250) is
added to Division 16.3 of the Public Resources Code, to read:

 

Chapter  7. Programs for Public Buildings

 

26250.  

(a) The State Energy Resources Conservation and
Development Commission shall develop and adopt guidelines for,
and develop and administer, a competitive financial assistance
program for energy efficiency and clean energy onsite generation
projects that are consistent with paragraph (3) of subdivision (a)
of Section 26205. Eligible facilities may include, but are not limited
to, hospitals and wastewater treatment facilities. Eligible facilities
shall also include facilities in public school districts with
kindergarten or grade 1 to 12, inclusive, for clean energy onsite
generation projects.

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

(1) Establish audit standards and procedures.

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

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

(4) Establish energy savings measurement and verification
standards.

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

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

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

26251.  

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

end delete