(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,
39certification pursuant to this subparagraph.
40(3) Project evaluation, including the following:
P9 1(A) Benchmarks or energy rating systems to select best
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
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
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
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
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.
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
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.
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
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