BILL ANALYSIS �
SB 1 X1
Page 1
Date of Hearing: March 7, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
SB 1 X1 (Steinberg) - As Amended: February 22, 2011
AS PROPOSED TO BE AMENDED
�This bill was referred to and heard by the Assembly Utilities
and Commerce Committee as it relates to the issues under its
jurisdiction]
SENATE VOTE : 25-15
SUBJECT : Partnership academies: Clean Technology and Renewable
Energy Job Training, Career Technical Education, and Dropout
Prevention Program
SUMMARY : Establishes the Clean Technology and Renewable Energy
Job Training, Career Technical Education, and Dropout Prevention
Program by creating a grant program for California Partnership
Academies (CPAs) that focus on clean technology and renewable
energy businesses, as specified. Specifically, this bill :
1)Makes findings and declarations regarding renewable energy,
energy conservation, clean technology and climate change
policies, with a focus on California's leadership in those
areas, states that clean technology jobs and renewable energy
jobs can provide benefits to underserved communities,
educational institutions, the environment and the economy, and
suggests that California must prioritize the reduction of high
school dropout and joblessness rates among its young people.
2)States legislative intent to stimulate the state's economy by
creating CPAs that will lead to the creation of good paying
jobs in industries and businesses that are in compliance with
the state's environmental protection laws and regulations, to
provide employers the best-trained workforce and to prepare
young people to work in clean, green industries and
professions.
3)Defines "clean technology business" and "renewable energy
business" as specified.
4)Requires the Controller to annually allocate $8 million
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dollars from the Renewable Resources Trust Fund (RRTF), upon
appropriation by the Legislature, to the Superintendent of
Public Instruction (SPI) for purposes of funding the CPA
grants using the existing criteria for allocation of CPA
funds, except as specified.
5)Requires, if funds are unavailable from the RRTF, the
Controller to annually allocate $8 million dollars from the
Energy Resources Program Account (ERPA), upon appropriation by
the Legislature, for purposes of this bill.
6)Requires the SPI to award grants to school districts that meet
the existing CPA requirements, propose to implement or
maintain an existing CPA that focuses on employment in clean
technology or renewable energy businesses, provide skilled
workforces for the products and services for energy and/or
water conservation, renewable energy, pollution reduction, or
other technologies that improve the environment in furtherance
of state environmental laws, and comply with specified
guidelines.
7)Requires the SPI, in consultation with the State Energy
Resources Conservation and Development Commission known as the
California Energy Commission (CEC), to review grant
applications submitted by school districts and to review
ongoing programs to ensure that those programs meet the
requirements specified in this bill.
8)Requires, no later than 60 days after the effective date of
this measure, and prior to the California Department of
Education (CDE) issuing a request for grant applications, the
CEC, in consultation with the CDE adopt guidelines to ensure
that programs reflect current state energy policies and
priorities and link education to the needs of relevant
industries and specifies that the adoption of guidelines as
emergency regulations shall be deemed an emergency and
considered by the Office of Administrative Law as immediately
necessary to avoid serious harm to the public peace, health,
safety, or general welfare.
9)Requires the SPI in awarding the grants to give first priority
to school districts that propose to establish a CPA at school
sites that do not currently participate in the CPA program;
second priority to school districts that would establish a CPA
at school sites that do not participate in the green CPA
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program; and third priority to a school district that has
received a grant under the existing CPA program, subject to a
review by the CDE and the CEC, as specified, and the
availability of funds.
10)Specifies the allowable grant amounts for the clean
technology and renewable energy CPAs as follows:
a) $1,000 per year for each qualified student enrolled in
grade 9 during the first year of operation and limits the
total grant amount for the first year to no more than
$45,000;
b) $1,000 per year for each qualified student enrolled in
grade 9 or 10 during the second year of operation and
limits the total grant amount for the second year to no
more than $80,000;
c) $1,000 per year for each qualified student enrolled in
any of grades 9 to 11, inclusive, during the third year of
operation and limits the total grant amount for the third
year to no more than $120,000; and,
d) $1,000 per year for each qualified student enrolled in
any of grades 9 to 12, inclusive, during the fourth and
following years of operation and limits the total grant
amount for each fiscal year to no more than $150,000.
11)Stipulates that a "qualified student" has the same meaning as
described in provisions governing the CPA program and shall
also include a 9th grade student who meets the at-risk
criteria specified in the CPA program and other specified
criteria.
12)Requires the SPI to encourage a school district that receives
a grant pursuant to this bill to work and coordinate with
regional occupational centers and programs for the required
career technical education (CTE) sequence of courses and
authorizes up to 5% of the funds transferred to the SPI
pursuant to this bill to be expended to pay for the
administration of the program.
13)Requires, commencing in 2014 and not later than January 1 of
each year, the SPI in consultation with the CEC to provide a
report to the Legislature that includes, but is not limited
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to, a description of the curriculum and substance of the
programs as well as pupil participation and other specified
data.
14)Requires the first annual report to the Legislature to
include the identification of gaps in available curricula
relating to clean technology and renewable energy that are
consistent with current state energy policy and priorities,
and the proportion of participating pupils who meet the
at-risk criteria.
15)Makes the provisions of this bill inoperative on June 30,
2017, and repeals them as of January 1, 2018, unless a later
enacted statute that becomes operative on or before January 1,
2018 deletes or extends this date.
16)States that this bill addresses the fiscal emergency declared
and reaffirmed by the Governor on January 20, 2011, pursuant
to the California Constitution.
EXISTING LAW :
1)Establishes the CPA program as a state-school-private sector
partnership to provide combined academic and occupational
training to eligible at-risk students in grades 10-12,
inclusive.
2)Requires districts and participating businesses to each
provide 100% matching funds for all state funds received;
stipulates that the match may be in the form of direct and
in-kind support; and requires districts to establish an
advisory committee consisting of specified individuals and
representatives.
3)Requires participating districts to provide assurances that
each academy will be established as a "school within a
school," that academy teachers will work as a team in
planning, teaching and troubleshooting program activities,
that academy teachers will have a common planning period to
share student and educational information, and that each
academy pupil will be provided with the specified program
components.
4)Establishes funding and grant amounts to be awarded to school
districts for purposes of planning, establishing and
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maintaining academies, and expresses legislative intent to
expand the CPA program.
5)Requires each district operating academies to annually certify
information to the SPI regarding the number of qualified
students enrolled during the just completed school year, by
grade level, for each academy operated by the district.
6)Establishes the Green Technology Partnership Academies and the
Goods Movement Partnership Academies, commencing with the
2009-10 school year, and requires, when funds become available
for additional partnership academies, the SPI to issue grants
for the establishment of such partnership academies in each of
the nine economic regions established by the state.
FISCAL EFFECT : Unknown
COMMENTS : This bill seeks to expand the number of CPAs that
focus on clean technology or renewable energy businesses in an
attempt to increase CTE opportunities for pupils, particularly
for pupils that may be at risk of dropping out of school.
According to the author, "California suffers from too many high
school dropouts, too little meaningful career technical
education at the middle and high school levels, and the lack of
a skilled workforce to fuel the emerging green economy.
California must lead in addressing both the problems of its
youth and the opportunities created by the new green economy.
SB 1 X1 offers solutions at the intersection of these two state
priorities. Investment in these emerging careers and industries
will drive the next phase of California's economic growth in a
way that helps us meet the challenge of climate change. This
investment in reducing the dropout rate, expanding workforce
opportunities, and targeting climate change will create economic
stimulus for clean energy and technology jobs in California."
There has been much interest in the issue of reforming high
schools and increasing CTE opportunities for pupils in
California schools as an approach to provide access to a
relevant curriculum for pupils who may be disengaged and at risk
of dropping out. The California Dropout Research Project
released a report entitled, Solving California's Dropout Crisis
which estimated that only about two thirds of California's
students graduate on time and that dropping out and low
achievement have many shared causes such as poor attendance, low
engagement and low-quality instruction. One of the
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recommendations in the report suggested that the state should
consider more options for students to meet the graduation
requirements and points out that, "An increasing number of
states have pursued the idea of multiple pathways for students
to meet high school graduation requirements such as through
career and technical education courses."
California Partnership Academies : A CPA is a three-year program
in grades 10-12, structured as a school-within-a-school. CPAs
serve at-risk pupils and the program requires that no less than
one half of each new class must meet the specified at-risk
criteria. The criteria used for student eligibility includes:
irregular attendance, past record of underachievement, low
motivation or disinterest in the regular academic program, and
economical disadvantages. The curriculum of CPAs is focused on
a career theme and is coordinated with related academic classes.
The career technical focus for a CPA is determined by an
analysis of the local labor market and fields that have
companies willing to support the program. According to the
California Department of Education (CDE), there are 461 CPAs
currently operating in the state.
Previous legislative efforts have sought to expand the CPA
program in California high schools. AB 2855 (Hancock), Chapter
685, Statutes of 2008, established, commencing with the 2009-10
school year, the Green Technology Partnership Academies as a new
category of CPAs, and AB 519 (Budget Committee), Chapter 757,
Statutes of 2008, appropriated $12.5 million from the Public
Interest Research, Development, and Demonstration Fund to fund
61 new CPAs that focus on clean technology, renewable energy,
pollution reduction, and other "green" environmental
technologies. AB 519, however only provides this additional
funding for three years and the funding will sunset in 2011-12.
According to the CDE, there are currently 58 green technology
CPAs funded through AB 519 operating in California high schools.
Additionally, part of the funding provided for purposes of the
CTE Initiative enacted through SB 70 (Scott), Chapter 352,
Statutes of 2005 was allocated to expand the number of CPAs.
The CPA model has demonstrated to be a promising model that
provides rigorous academic and CTE opportunities to pupils. A
study conducted collaboratively by ConnectEd: The California
Center for College and Career, and the Career Academy Support
Network at the University of California at Berkeley showed that
the graduation rate for partnership academy seniors during the
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2004-05 school year was higher than those of the statewide
population, and that CPA students passed the high school exit
exam at higher rates than did the general student population.
CPAs offer opportunities for pupils to make connections between
the classroom and careers, and to engage students in their
learning through relevant and rigorous coursework.
Eligibility and priorities for funding : To be eligible for the
grants provided in this bill, school districts must meet the
existing CPA eligibility requirements, propose to implement or
maintain a CPA that focuses on clean technology or renewable
energy businesses, and provide skilled workforces for products
and services that improve the environment in furtherance of
state environmental laws, and comply with the guidelines adopted
by the CEC, pursuant to this bill.
This bill assigns first and second priorities for funding to
districts that do not currently participate in the existing CPA
program and to districts that do not participate in the green
CPA program funded through AB 519, respectively. The bill gives
third priority for funding to school districts that have
received a CPA grant, subject to a review and to the
availability of funds. Considering that existing green CPAs
funded through AB 519 will lose their funding in 2011-12, this
bill could provide an opportunity for some of these green CPAs
to continue to be funded. However, the bill as currently
drafted assigns third (the lowest) priority, subject to
availability of funds, to existing CPAs. Since it appears that
there is considerable demand for green CPAs, there is a
possibility that there would not be enough funds remaining for
existing CPAs to be funded after satisfying the first two
priorities specified in the bill. This Committee may wish to
consider whether existing green CPAs, specifically those that
will lose funding next year, should have a higher funding
priority under this bill so as to avoid a disruption to existing
programs and to the pupils participating in those programs when
the AB 519 funding sunsets. Staff recommends , the bill be
amended to give the SPI the authority to assign a higher funding
priority to green CPAs currently funded through AB 519 that meet
the requirements of this bill, so as to avoid disruption to
existing programs.
Collaboration between the SPI and the CEC in implementation :
The CEC, comprised of five individuals appointed by the Governor
and the Senate, is responsible for developing and implementing
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the state's energy policies, forecasting statewide energy needs,
siting and licensing thermal power plants, promoting energy
conservation programs, and conducting energy-related research
and development programs. This bill gives the CEC a role in
ensuring the academic content of the CPAs proposed by this bill
align with state energy policies by requiring the CEC, in
consultation with CDE, to develop guidelines to ensure that
programs receiving these grants reflect current state energy
policies and priorities and provide skills and education linked
to the needs of relevant industries. Additionally, the bill
requires the SPI to consult with the CEC in the review of
initial grant applications and in the review of ongoing
programs. This program will sunset in five years and it
requires the SPI in coordination with the CEC to report annually
to the Legislature regarding the programs funded through this
bill.
Funding : As proposed to be amended, this bill allocates $8
million dollars from the Renewable Resources Trust Fund (RRTF)
to the SPI for purposes of funding the CPAs specified in this
bill and states that if funds are not available from the RRTF
then $8 million dollars would be transferred from the Energy
Resources Program Account (ERPA) to fund the green CPAs.
According to information provided by the author, the RRTF was
created to improve the competitiveness of existing in-state
renewable electricity generation technology facilities, and to
secure for the state the environmental, economic, and
reliability benefits that continued operation of those
facilities will provide.
ERPA, primarily funds the CEC's overall administration, and is
derived from a usage-based monthly surcharge on electricity
customers at a rate determined by the CEC annually, but not more
than $.0003 per kilowatt-hour. In November 2010, the CEC
increased the customer surcharge to near the statutory limit,
which is expected to generate approximately $61.8 million for
ERPA for the 2010-11 fiscal year, compared to about $53 million
in 2009-10.
Additional amendments that will be adopted by this Committee,
include:
1) An amendment suggested by the Senate Appropriations
Committee, "to speed the adoption of emergency regulations,
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if any." The amendment would strike lines 29 to 32 on page
6 and insert the revised language noted below:
The adoption of guidelines as emergency regulations
pursuant to this section shall be deemed an emergency
and considered by the Office of Administrative Law as
immediately necessary to avoid serious harm to the
public peace, health, safety, or general welfare for
purposes of sections 11346.1 and 11349.6.
2) An amendment suggested by the Assembly Utilities &
Commerce Committee to ensure the first annual report
includes data on the proportion of participating pupils who
meet the at-risk criteria.
3) An amendment proposed by the author to change the
funding source from the Energy Resources Program Account
(ERPA) to the Renewable Resources Trust Fund (RRTF), unless
funds are unavailable from the RRTF, in which case the
amendments require the Controller to annually allocate the
funds from the ERPA, upon appropriation by the Legislature,
for purposes of this bill.
4) Amendments proposed by the author to delay the annual
reporting by one year from 2013 to 2014, and add
Assemblymember Butler as a co-author.
Related legislation : SB 148 (Steinberg) of the Regular Session,
is identical to the introduced version of this bill and also
establishes the Clean Technology and Renewable Energy Job
Training, Career Technical Education, and Dropout Prevention
Program by creating a grant program for California Partnership
Academies (CPAs) that focus on clean technology and renewable
energy businesses, as specified. SB 148 is pending in the
Senate Education Committee.
Prior legislation : AB 2855 (Hancock), Chapter 685, Statutes of
2008, establishes, commencing with the 2009-10 school year, the
Green Technology Partnership Academies and the Goods Movement
Partnership Academies as two new categories of CPAs.
SB 1672 (Steinberg) of 2008 establishes the Renewable Energy,
Climate Change, Career Technical Education, and Clean Technology
Job Creation Bond Act of 2010, to be operative only if approved
by voters at an unspecified election in 2010. The bill was held
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in the Assembly Appropriations Committee suspense file.
SB 675 (Steinberg) of 2010, a substantially similar measure,
establishes the Clean Technology and Renewable Energy Job
Training, Career Technical Education, and Dropout Prevention
Program by creating a grant program for CPAs that focus on clean
technology and renewable energy businesses, as specified. SB
675 was vetoed by Governor Schwarzenegger with the following
veto message:
SB 675 would allocate funds from the California Energy
Commission's (Commission) Energy Resource Programs
Account (ERPA) to the California Department of
Education (CDE) for developing and maintaining
programs that focus on employment and training for
energy or water conservation, renewable energy,
pollution reduction, or similar technologies.
Throughout my tenure as Governor, I have been a
staunch supporter of increasing career-tech education
opportunities for our young men and women. I continue
to believe that career-tech education has a vital role
to play in helping to develop and sustain California's
students and our emerging green economy.
Nonetheless, given the current uses of the ERPA
account at the Commission and the precariously low
balance in that fund, this bill would require the
Commission to increase the surcharge on electricity
users throughout California to pay for its provisions.
And even after doing so, the Commission would still
be required in the future to cut its core programs to
pay for this bill, including those related to power
plant licensing, renewable energy facility licensing,
and energy efficiency.
More importantly, I will not support increasing the
surcharge on electricity users to fund a K-12
Education program. To do so would start a dangerous
precedent for finding unrelated revenue sources to
fund, expand, or create K-12 programs outside of the
Proposition 98 guarantee.
Additionally, the bill only gives a minor role to the
Commission in developing the guidelines for the
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program. Just as the Commission is not an expert in
navigating our state's complex education system,
neither are CDE employees proficient in the emerging
technologies and future of our green economy. As
such, the Commission should be CDE's partner in
putting together this program so as to provide our
students with the right skills to enter our green
economy.
If the program included in this bill was wholly funded
using Proposition 98 dollars and a greater role was
given to the Commission to develop guidelines in
cooperation with the Department of Education, I would
sign it.
REGISTERED SUPPORT / OPPOSITION :
Support
California Energy Efficiency Industry Council
Ella Baker Center for Human Rights
Environmental Defense Fund
Large-Scale Solar Association
Linking Education and Economic Development
Los Angeles Unified School District
Natural Resources Defense Council
Pacific Gas and Electric Company
Sacramento City Unified School District
Sacramento County Office of Education
Sierra Club of California
Twin Rivers Unified School District
Union of Concerned Scientists
Opposition
None on file.
Analysis Prepared by : Marisol Avi�a / ED. / (916) 319-2087