BILL NUMBER: SB 64 AMENDED
BILL TEXT
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
INTRODUCED BY Senator Corbett
JANUARY 10, 2013
An act to add Chapter 7 (commencing with Section 26250)
to Division 16.3 of the Public Resources Code, relating to energy
efficiency, and making an appropriation therefor
Section 16428.96 to the Government Code, relating to greenhouse gases
.
LEGISLATIVE COUNSEL'S DIGEST
SB 64, as amended, Corbett. Proposition 39:
implementation. California Global Warming Solutions
Act of 2006: market-based compliance mechanisms: Clean Technology
Investment Account.
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.
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.
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 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.
Vote: majority. Appropriation: yes no
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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.
SEC. 2. Section 16428.96 is added to the
Government Code , to read:
16428.96. (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.
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.