Amended in Assembly June 13, 2013

Senate BillNo. 73


Introduced by Committee on Budget and Fiscal Review

January 10, 2013


begin deleteAn act relating to the Budget Act of 2013. end deletebegin insert An act to amend Section 25415 of, and to add Chapter 5 (commencing with Section 26225) to Division 16.3 of, the Public Resources Code, relating to energy, and making an appropriation therefor, to take effect immediately, bill related to the budget. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 73, as amended, Committee on Budget and Fiscal Review. begin deleteBudget Act of 2013. end deletebegin insertEnergy: Proposition 39 implementation.end insert

begin insert

(1) Existing law, the Energy Conservation Assistance Act of 1979, establishes the State Energy Conservation Assistance Account, a continuously appropriated account, for the purposes of funding loans to schools, hospitals, public care institutions, and units of local government to maximize energy savings. Existing law requires each eligible institution to which an allocation has been made under the act to repay the principal amount of the allocation, plus interest, in not more than 30 equal semiannual payments, as determined by the State Energy Resources Conservation and Development Commission, or the Energy Commission. Existing law requires the Energy Commission, except as specified, to periodically set interest rates on the loans based on surveys of existing financial markets and at rates not less than 1 % per annum.

end insert
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This bill would permit not more than 40 equal semiannual payments and authorization of no-interest loans.

end insert
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(2) The California Clean Energy Jobs Act, an initiative approved by the voters as Proposition 39 at the November 6, 2012, statewide general election, 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, or the Job Creation Fund, for 5 fiscal years beginning with the 2013-14 fiscal year. Moneys in the 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 available funds to 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 for eligible projects, as specified. Existing law establishes prescribed criteria that apply to all expenditures from the Job Creation Fund.

end insert
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This bill would appropriate $3,000,000 from the Job Creation Fund to the California Workforce Investment Board to develop and implement a competitive grant program, in consultation with the Energy Commission and the Public Utilities Commission, for eligible community-based and other training workforce organizations preparing disadvantaged youth or veterans for employment, as specified.

end insert
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This bill would, for the 2013-14 fiscal year, transfer $28,000,000 from the Job Creation Fund to the Education Subaccount, which this bill would create in the State Energy Conservation Assistance Account. This bill would appropriate moneys in the Education Subaccount to the Energy Commission for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance, as prescribed. This bill would require funds remaining in the Education Subaccount after the 2017-18 fiscal year to continue to be available in future years for loans to local education agencies, as defined, and community college districts, as specified. This bill would require the funds deposited annually in the Job Creation Fund and remaining in the fund, as prescribed, to be allocated, to the extent consistent with the act, to local education agencies by the Superintendent of Public Instruction, as specified, and to community college districts by the Chancellor of the California Community Colleges at his or her discretion. This bill would require the Energy Commission to maintain information on the local education agencies and community college districts that receive grants, loans, or other financial assistance pursuant to these provisions.

end insert
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This bill would require the Energy Commission, in consultation with the Superintendent of Public Instruction, the Chancellor of the California Community Colleges, and the Public Utilities Commission, to establish specified guidelines. This bill would require the Energy Commission to adopt these guidelines at a publicly noticed meeting and provide an opportunity for public comment, as prescribed. This bill would require the Superintendent of Public Instruction and the Chancellor of the California Community Colleges to require that funds be paid back if they are not used in accordance with prescribed provisions.

end insert
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(3) The California Clean Energy Jobs Act creates the Citizens Oversight Board with specified responsibilities relative to the review of expenditures from the Job Creation Fund, including the submission of an evaluation to the Legislature.

end insert
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This bill would require an entity, as a condition of receiving funds from the Job Creation Fund, not sooner than one year but no later than 15 months after the entity completes its first eligible project with a grant, loan, or other assistance from the Job Creation Fund, to submit a report of its project expenditures to the Citizens Oversight Board, as specified. This bill would require the California Workforce Investment Board, in consultation with the Energy Commission, to utilize reports filed with the Citizens Oversight Board to quantify total employment affiliated with funded projects, as well as to estimate new trainee, apprentice, or full-time jobs resulting from Job Creation Fund activity, and would require the California Workforce Investment Board to prepare a report with this information annually and to submit it to the Citizens Oversight Board. This bill would require the Citizens Oversight Board to report specified information it receives to the Legislature annually as part of its responsibility to submit an evaluation to the Legislature and to post this report on a publicly accessible Internet Web site.

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(4) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert
begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

end delete

Vote: majority. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P4    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

end insert
begin insert

3(a) With the passage of Proposition 39 at the November 6, 2012,
4statewide general election, the people of California declared their
5intent to have multistate businesses treated equally under the
6Revenue and Taxation Code and to establish a path forward for
7schools and clean energy jobs.

end insert
begin insert

8(b) Between the 2013-14 and 2017-18 fiscal years, Proposition
939 will dedicate up to $550,000,000 annually to the Clean Energy
10Job Creation Fund.

end insert
begin insert

11(c) Proposition 39 establishes objectives for clean energy job
12creation, including funding energy efficiency projects and
13renewable energy installations in public schools, universities, and
14other public facilities.

end insert
begin insert

15(d) Proposition 39 identifies energy efficiency retrofits and clean
16energy installations at public schools as ways to promote private
17sector jobs to save energy and money.

end insert
begin insert

18(e) The United States Environmental Protection Agency
19estimates that schools waste 30 percent of their energy
20unnecessarily through inefficiencies. The financial savings from
21more efficient buildings would provide schools with the flexibility
22to pay for other upgrades and programs that enhance student
23learning.

end insert
begin insert

24(f) With the passage of Proposition 39, the state will be able to
25reduce energy demand at public schools and provide long-term
26savings and budgetary flexibility so schools can concentrate their
27limited resources on education and not utility bills.

end insert
begin insert

28(g) Proposition 39 also establishes a Citizens Oversight Board
29to review expenditures, audit the Clean Energy Job Creation Fund,
30and maintain accountability of the fund.

end insert
begin insert

31(h) It is the intent of the Legislature to establish guidelines for
32clean energy expenditures from the Clean Energy Job Creation
33Fund.

end insert
begin insert

34(i) It is further the intent of the Legislature to ensure that schools
35receive and prioritize high-quality facility retrofits and installations
36that lead to persistent energy savings.

end insert
begin insert

37(j) It is further the intent of the Legislature to quickly increase
38the number of jobs in California supporting energy retrofit
P5    1improvements, and to accomplish this, to direct the State Energy
2Resources Conservation and Development Commission to proceed
3quickly to develop necessary guidelines and procedures for project
4identification and investment.

end insert
begin insert

5(k) In addition to energy efficiency retrofits and clean energy
6installations, it is the intent of the Legislature that funds be
7available for allocation to local educational agencies to develop
8expertise in energy management capability. Energy managers can
9provide schools, particularly the smallest and neediest, with
10resources and best practices to implement energy efficiency and
11clean energy installations across California’s more than 1000
12school districts with schools having kindergarten or grades 1 to
1312, inclusive, as well as oversight to ensure proper reporting and
14data analysis for eligible projects.

end insert
15begin insert

begin insertSEC. 2.end insert  

end insert

begin insertChapter 5 (commencing with Section 26225) is added
16to Division 16.3 of the end insert
begin insertPublic Resources Codeend insertbegin insert, to read:end insert

begin insert

17 

18Chapter  begin insert5.end insert Proposition 39 Implementation
19

 

20

begin insert26225.end insert  

For the purposes of this chapter, the following terms
21have the following meanings:

22(a) “Chancellor” means the Chancellor of the California
23Community Colleges.

24(b) “Energy Commission” means the State Energy Resources
25Conservation and Development Commission.

26(c) “Local education agency” or “LEA” means a school district,
27county office of education, charter school, or state special school.

28(d) “Job Creation Fund” means the Clean Energy Job Creation
29Fund established in Section 26205.

30

begin insert26227.end insert  

(a) (1) For the 2013-14 fiscal year, twenty-eight
31million dollars ($28,000,000) shall be transferred from the Job
32Creation Fund to the Education Subaccount, which is hereby
33created in the State Energy Conservation Assistance Account
34created pursuant to Section 25416. The moneys in the Education
35Subaccount are appropriated to the Energy Commission for the
36purpose of low-interest and no-interest revolving loans and loan
37loss reserves for eligible projects and technical assistance.

38(2) For the 2013-14 fiscal year, funds in the Education
39Subaccount shall be available for local education agencies and
40community college districts. If a local education agency or
P6    1community college district has an eligible project, the amount of
2 the funding resources gap that is to be considered a reasonable
3loan value from the Education Subaccount is the project cost less
4the amount of any grant awarded pursuant to Section 26233 and
5less any state, federal, or local incentives. A local education agency
6or community college district may need to meet additional credit
7or other financial qualifying criteria applicable pursuant to the
8Energy Conservation Assistance Act of 1979 (Chapter 5.2
9(commencing with Section 25410) of Division 15). The Energy
10Commission shall facilitate a local education agency or community
11college district’s participation in both the Job Creation Fund and
12Energy Conservation Assistance Account programs through
13coordinated information, documentation, and review processes
14regarding the project and the borrowing entity.

15(b) For the 2014-15 through 2017-18 fiscal years, inclusive,
16the amount transferred from the Job Creation Fund to the Energy
17Conservation Assistance Account shall be determined in the annual
18budget.

19(c) Funds remaining in the Education Subaccount after the
202017-18 fiscal year shall continue to be available in future years
21for loans to local education agencies and community college
22districts pursuant to this section.

23

begin insert26230.end insert  

(a) The sum of three million dollars ($3,000,000) is
24hereby appropriated from the Job Creation Fund to the California
25Workforce Investment Board to develop and implement a
26competitive grant program for eligible community-based and other
27training workforce organizations preparing disadvantaged youth
28or veterans for employment.

29(b) In developing and implementing the program, the board
30shall do all of the following:

31(1) In consultation with the Energy Commission and the Public
32Utilities Commission, develop a competitive process to award
33grants to eligible entities and evaluate and select applications for
34grants.

35(2) Administer grants to eligible entities for the purposes of
36work experience and job training on energy efficiency and clean
37energy projects.

38(c) In awarding the grants, the California Workforce Investment
39Board shall give priority to projects that include the following
40elements:

P7    1(1) Specific skills gained through hands-on application related
2to energy efficiency and clean energy that is embedded in, or linked
3to, a broader occupational training program.

4(2) Actual work experience gained through hands-on clean
5energy project implementation.

6(3) Industry-recognized credentials and certificates.

7(4) Training that demonstrates a high probability of placement
8of trainees into career track jobs.

9(5) A partnership with state-approved apprenticeship programs
10that promote industry-recognized skills and credentials through
11work experience and lead to placement in a state-approved
12apprenticeship programs.

13

begin insert26233.end insert  

(a)  Commencing with the 2013-14 fiscal year and
14through the 2017-2018 fiscal year, inclusive, the funds deposited
15annually in the Job Creation Fund and remaining after the transfer
16pursuant to Section 26227 and the appropriation pursuant to
17Section 26230 shall be allocated, to the extent consistent with this
18division, as follows:

19(1) Eighty-nine percent of the funds shall be available to local
20educational agencies and allocated by the Superintendent of Public
21Instruction pursuant to subdivision (b).

22(2) Eleven percent of the funds shall be available to community
23college districts and allocated by the Chancellor of the California
24Community Colleges at his or her discretion.

25(b) The Superintendent of Public Instruction shall allocate the
26funds provided in paragraph (1) of subdivision (a) as follows:

27(1) Eighty-five percent on the basis of average daily attendance
28reported as of the second principal apportionment for the prior
29fiscal year.

30(A) For every local education agency with average daily
31attendance as reported pursuant to this subdivision of 100 or less,
32the amount awarded shall be fifteen thousand dollars ($15,000).

33(B) For every local education agency with average daily
34attendance as reported pursuant to this subdivision in excess of
35100, but 1,000 or less, the amount awarded shall be either that
36local educational agency’s proportional award on the basis of
37average daily attendance or fifty thousand dollars ($50,000),
38whichever amount is larger.

39(C) For every local education agency with average daily
40attendance as reported pursuant to this subdivision in excess of
P8    11,000, but less than 2,000, the amount awarded shall be either
2that local education agency’s proportional award on the basis of
3average daily attendance or one hundred thousand dollars
4($100,000), whichever amount is larger.

5(D) For every local education agency with average daily
6attendance as reported pursuant to this subdivision of 2,000 or
7more, the amount awarded shall be the local education agency’s
8proportional award on the basis of average daily attendance.

9(2) Fifteen percent on the basis of students eligible for free and
10reduced-price meals in the prior year.

11(3) For every local education agency that receives over one
12million dollars ($1,000,000) pursuant to this subdivision, not less
13than 50 percent of the funds shall be used for projects larger than
14two hundred fifty thousand dollars ($250,000) that achieve
15substantial energy efficiency, clean energy, and jobs benefits.

16(c) A local education agency subject to subparagraph (A) or
17(B) of paragraph (1) of subdivision (b) may submit a written
18request to the Superintendent of Public Instruction, by August 1
19of each year, to receive in the current year its funding allocation
20for both the current year and the following year, both of which
21would be based on the average daily attendance used in the current
22year for determining funding pursuant to the applicable
23subparagraph. A local education agency requesting funding
24pursuant to this subdivision shall not receive a funding allocation
25in the year following the request.

26(d) A local education agency shall encumber funds received
27pursuant to this section by June 30, 2018.

28

begin insert26235.end insert  

(a) The Energy Commission, in consultation with the
29Superintendent of Public Instruction, the Chancellor of the
30California Community Colleges, and the Public Utilities
31Commission, shall establish guidelines for the following:

32(1) Standard methods for estimating energy benefits, including
33reasonable assumptions for current and future costs of energy,
34and guidelines to compute the cost of energy saved as a result of
35implementing eligible projects funded by this chapter.

36(2) Contractor qualifications, licensing, and certifications
37appropriate for the work to be performed, provided that the Energy
38Commission shall not create any new qualification, license, or
39certification pursuant to this subparagraph.

40(3) Project evaluation, including the following:

P9    1(A) Benchmarks or energy rating systems to select best
2candidate facilities.

3(B) Use of energy surveys or audits to inform project
4opportunities, costs, and savings.

5(C) Sequencing of facility improvements.

6(D) Methodologies for cost-effectiveness determination.

7(4) To ensure that adequate energy audit, measurement, and
8verification procedures are employed to ensure that energy savings
9and greenhouse gas emissions reductions occur as a result of any
10funding provided pursuant to this section. The Energy Commission
11shall develop a simple preinstallation verification form that
12includes project description, estimated energy savings, expected
13number of jobs created, current energy usage, and costs. The
14Energy Commission may develop benchmarking and other
15innovative facility evaluation systems in coordination with the
16University of California.

17(5) Achievement of the maximum feasible energy efficiency or
18clean energy benefits, as well as job creation benefits for
19Californians, resulting from projects implemented pursuant to this
20chapter.

21(6) Where applicable, ensuring LEAs assist classified school
22employees with training and information to better understand how
23they can support and maximize the achievement of energy savings
24envisioned by the funded project.

25(b) The Energy Commission shall allow the use of data analytics
26of energy usage data, where possible, in the energy auditing,
27evaluation, inventorying, measuring, and verification of projects.
28To ensure quality of results, data analytics providers shall have
29received prior technical validation by the Energy Commission, a
30local utility, or the Public Utilities Commission.

31(c) A community college district or LEA shall not use a sole
32source process to award funds pursuant to this chapter. A
33community college district or LEA may use the best value criteria
34as defined in paragraph (1) of subdivision (c) of Section 20133 of
35the Public Contract Code to award funds pursuant to this chapter.

36(d) The Energy Commission shall adopt the guidelines in
37accordance with this section at a publicly noticed meeting and
38provide an opportunity for public comment. The Energy
39Commission shall provide written public notice of a meeting at
40least 30 days prior to the meeting.

P10   1(1) For substantive revision of the guidelines, the Energy
2Commission shall provide written notice of a meeting at least 15
3days prior to the meeting at which the revision is to be considered
4or adopted.

5(2) The adoption or revision of guidelines pursuant to this
6subdivision is exempt from Chapter 3.5 (commencing with Section
711340) of Part 1 of Division 3 of Title 2 of the Government Code.

8(e) Each participating LEA shall prioritize the eligible projects
9within its jurisdiction taking into consideration, as applicable, at
10least the following factors:

11(1) The age of the school facilities, as well as any plans to close
12or demolish the facilities.

13(2) The proportion of pupils eligible for funds under Title I of
14the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301
15et seq.) at particular schoolsites.

16(3) Whether the facilities have been recently modernized.

17(4) The facilities’ hours of operation, including whether the
18facilities are operated on a year-round basis.

19(5) The school’s energy intensity as determined from an energy
20rating or benchmark system such as the United States
21Environmental Protection Agency’s Energy Star system or other
22acceptable benchmarking approach that may be available from
23local utilities, the American Society for Heating, Refrigerating,
24and Air-Conditioning Engineers, Inc., or reputable building
25analysis software as is appropriate to the size, budget, and
26expertise available to the school.

27(6) The estimated financial return of each project’s investment
28over the expected lifecycle of the project, in terms of net present
29value and return on investment.

30(7) Each project’s potential for energy demand reduction.

31(8) The anticipated health and safety improvements or other
32nonenergy benefits for each project.

33(9) The individual or collective project’s ability to facilitate
34matriculation of local residents into state-certified apprenticeship
35programs.

36(10) The expected number of trainees and direct full-time
37employees likely to be engaged for each LEA’s annual funding
38commitments based upon a formula to be made available by the
39Energy Commission or California Workforce Investment Board.
40 The formula shall be stated as labor-intensities per total project
P11   1dollar expended, and may differentiate by type of improvement,
2equipment, or building trade involved.

3(11) The ability of the project to enhance workforce development
4and employment opportunities, utilize members of the California
5Conservation Corps, certified local conservation corps, Youth
6Build, veterans, Green Partnership Academies, nonprofit
7organizations, high school career technical academies, high school
8regional occupational programs, or state-certified apprenticeship
9programs, or to accommodate learning opportunities for school
10pupils or at-risk youth in the community.

11(f) The Superintendent of Public Instruction shall not distribute
12funds to an LEA unless the LEA has submitted to the Energy
13Commission, and the Energy Commission has approved, an
14expenditure plan that outlines the energy projects to be funded.
15An LEA shall utilize a simple form expenditure plan developed by
16the Energy Commission. The Energy Commission shall promptly
17review the plan to ensure that it meets the criteria specified in this
18section and in the guidelines developed by the Energy Commission.
19A portion of the funds may be distributed to an LEA upon request
20for energy audits and other plan development activities prior to
21submission of the plan.

22(g) This section shall not affect the eligibility of any eligible
23entity awarded a grant pursuant to this section to receive other
24incentives available from federal, state, and local government, or
25from public utilities or other sources, or to leverage the grant from
26this section with any other incentive.

27(h) Any limitation of funds awarded to individual projects
28pursuant to this chapter shall not preclude or otherwise limit the
29total amount of funds that a recipient LEA or community college
30may otherwise be eligible to receive as a result of identifying
31multiple projects that meet the overall objectives and criteria
32described in this chapter.

33(i) For a school facility that is not publicly owned, a school
34district receiving moneys pursuant to this chapter for a project for
35that facility shall require that the school repay to the state all
36moneys received from the Job Creation Fund for the project if the
37school voluntarily vacates the facility within five years of project
38completion. The facility owner shall repay to the state all moneys
39received from the Job Creation Fund for the project if the school
40was forced to vacate the facility within the life of the project
P12   1completion. All benefits of these public funds should be received
2by the school utilizing the facility.

3(j) It is the intent of the Legislature that monetary savings at
4eligible institutions from retrofit and installation projects pursuant
5to this section be used to benefit students and learning at those
6institutions.

7

begin insert26237.end insert  

The Energy Commission shall maintain information
8on the local education agencies and community college districts
9that receive grants, loans, or other financial assistance under this
10chapter. The publicly available and searchable database shall
11include relevant metrics, to be determined by the Energy
12Commission, for electric, gas, and cost savings of the projects.

13

begin insert26240.end insert  

(a) In order to later quantify the costs and benefits of
14funded projects, an entity that receives funds from the Job Creation
15Fund shall authorize its local electric and gas utilities to provide
1612 months of past and ongoing usage and billing records at the
17school facility site level to the Energy Commission.

18(b) As a condition of receiving funds from the Job Creation
19Fund, not sooner than one year but no later than 15 months after
20an entity completes its first eligible project with a grant, loan, or
21other assistance from the Job Creation Fund, the entity shall submit
22a report of its project expenditures to the Citizens Oversight Board
23created pursuant to Chapter 3 (commencing with Section 26210).
24To the extent practical, this report shall also contain information
25on any of the following:

26(1) The total final gross project cost before deducting any
27incentives or other grants and the percentage of total project cost
28derived from the Job Creation Fund.

29(2) The estimated amount of energy saved, accompanied by
30specified energy consumption and utility bill cost data for the
31individual facility where the project is located, in a format to be
32specified by the Energy Commission.

33(3) The name plate rating of new clean energy generation
34installed.

35(4) The number of trainees.

36(5) The number of direct full-time equivalent employees and the
37average number of months or years of utilization of each of these
38employees.

39(6) The amount of time between awarding of the financial
40assistance and the completion of the project or training activities.

P13   1(7) The entity’s energy intensity before and after project
2completion, as determined from an energy rating or benchmark
3system, to be determined by the Energy Commission, such as the
4United States Environmental Protection Agency’s Energy Star
5system or other acceptable benchmarking approach that may be
6available from local utilities, the American Society for Heating,
7Refrigerating, and Air-Conditioning Engineers, Inc., or a publicly
8available building analysis software as is appropriate to the size,
9budget, and expertise available to the school.

10(c) If an LEA completes more than one project, the required
11information for a second and any subsequent project shall be
12submitted no later than the first full quarter following project
13completion.

14(d) To minimize the calculation burden on LEAs, the Energy
15Commission shall develop a method to utilize the data submitted
16by each recipient LEA in its project reports, such as utility
17consumption data, building operating characteristics, and other
18information, to calculate for each project, LEA, or the state as a
19whole the actual or estimated energy and cost savings. This method
20shall include a means to combine gas and electric savings into a
21combined cost of saved energy factor and to report on other
22economic and investment performance metrics. The Energy
23Commission shall prepare an annual summary of the expenditures,
24energy savings, effective cost of saved energy or return on
25investment, and employment effects of each year’s completed
26projects, and shall provide this report to the Citizens Oversight
27Board.

28(e) The California Workforce Investment Board, in consultation
29with the Energy Commission, shall utilize the reports filed with
30the Citizens Oversight Board to quantify total employment affiliated
31with funded projects, as well as to estimate new trainee, apprentice,
32or full-time jobs resulting from Job Creation Fund activity. The
33California Workforce Investment Board shall prepare a report
34with this information annually and submit it to the Citizens
35Oversight Board.

36(f) The Citizens Oversight Board shall report the information
37it receives pursuant to subdivisions (a) to (e), inclusive, to the
38Legislature as part of its responsibilities pursuant to subdivision
39(d) of Section 26210. The Citizens Oversight Board’s report shall
P14   1be submitted annually and posted on a publicly accessible Internet
2Web site.

3(g) Funding provided to LEAs pursuant to this chapter is subject
4to annual audits required by Section 41020 of the Education Code.
5Funding provided to community college districts pursuant to this
6chapter is subject to annual audits required by Section 84040 of
7the Education Code.

8(h) (1) The Superintendent of Public Instruction shall require
9local education agencies to pay back funds if they are not used in
10accordance with state statute or regulations, if a project is torn
11down or remodeled, or if the property is deemed to be surplus and
12sold prior to the payback of the project.

13(2) The Chancellor of the California Community Colleges shall
14require a community college to pay back funds if they are not used
15in accordance with state statute or regulations, if a project is torn
16down or remodeled, or if the property is deemed to be surplus and
17sold prior to the payback of the project.

end insert
18begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 25415 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
19amended to read:end insert

20

25415.  

(a) Each eligible institution to which an allocation has
21been made under this chapter shall repay the principal amount of
22the allocation, plus interest, in not more thanbegin delete 30end deletebegin insert 40end insert equal
23semiannual payments, as determined by the commission. Loan
24repayments shall be made in accordance with a schedule established
25by the commission. The repayment period may not exceed the life
26of the equipment, as determined by the commission or the lease
27term of the building in which the energy conservation measures
28will be installed.

29(b) Notwithstanding any otherbegin delete provision ofend delete law, the commission
30shall, unless it determines that the purposes of this chapter would
31be better served by establishing an alternative interest rate schedule,
32periodically set interest rates on the loans based on surveys of
33existing financial markets andbegin delete at rates not less than 1 percent per
34annumend delete
begin insert may authorize no-interest loansend insert.

35(c) The governing body of each eligible institution shall annually
36budget an amount at least sufficient to make the semiannual
37payments required in this section. The amount shall not be raised
38by the levy of additional taxes but shall instead be obtained by a
39savings in energy costs or other sources.

P15   1begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

This act is a bill providing for appropriations related
2to the Budget Bill within the meaning of subdivision (e) of Section
312 of Article IV of the California Constitution, has been identified
4as related to the budget in the Budget Bill, and shall take effect
5immediately.

end insert
begin delete
6

SECTION 1.  

It is the intent of the Legislature to enact statutory
7changes relating to the Budget Act of 2013.

end delete


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