Amended in Assembly June 16, 2014

Amended in Senate May 30, 2013

Amended in Senate May 28, 2013

Amended in Senate May 7, 2013

Amended in Senate March 21, 2013

Senate BillNo. 267


Introduced by Senator Pavley

February 13, 2013


An act tobegin delete add Chapter 6 (commencing with Section 26245) to Division 16.3 of the Public Resources Code, relating to energy efficiency, and making an appropriation therefor.end deletebegin insert amend Section 60852.2 of the Education Code, relating to pupil assessment.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 267, as amended, Pavley. begin deleteProposition 39: implementation. end deletebegin insertPupil assessment: high school exit examination: eligible pupils with disabilities.end insert

begin insert

Existing law requires each pupil completing grade 12 to successfully pass the high school exit examination as a condition of receiving a diploma of graduation or as a condition of graduation from high school. Existing law requires the State Board of Education, taking into consideration certain findings and recommendations, to adopt regulations for alternative means by which eligible pupils with disabilities may demonstrate that they have achieved the same level of academic achievement in the content standards required for passage of the high school exit examination.

end insert
begin insert

Existing law defines an “eligible pupil with a disability” as a pupil who has an individualized education program or other specified plan that indicates that the pupil has an anticipated graduation date and is scheduled to receive a high school diploma on or after July 1, 2015, who has not passed the high school exit examination but has attempted to pass those sections not yet passed, as specified, and who the school district or state special school certifies has satisfied or will satisfy all other state and local requirements for the receipt of a high school diploma on or after July 1, 2015.

end insert
begin insert

Existing law authorizes an eligible pupil with a disability, commencing July 1, 2015, to participate in the alternative means of demonstrating the level of academic achievement in the content standards required for passage of the high school exit examination in the manner prescribed by the regulations adopted by the state board.

end insert
begin insert

This bill would revise the definition of an “eligible pupil with a disability” by delaying the dates by which a pupil is required to be scheduled to receive a high school diploma and the school district or state special school is required to certify that the pupil has satisfied or will satisfy all other state and local requirements for the receipt of a high school diploma, to on or after July 1, 2016. The bill would also delay the commencement date for an eligible pupil with a disability to participate in the alternative means of demonstrating the level of academic achievement in the required content standards to July 1, 2016.

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 financial assistance program to assist the California Community Colleges, the California State University, and the University of California with energy efficiency and clean energy onsite generation projects. The bill would require the commission to develop and adopt specific guidelines for the program. 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 deleteyes end deletebegin insertnoend insert. Fiscal committee: yes. State-mandated local program: no.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 60852.2 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

60852.2.  

(a) For purposes of this chapter, “eligible pupil with
4a disability” means a pupil who meets all of the following criteria:

5(1) The pupil has an operative individualized education program
6adopted pursuant to the federal Individuals with Disabilities
7Education Act (20 U.S.C. Sec. 1400 et seq.) or a plan adopted
8pursuant to Section 504 of the federal Rehabilitation Act of 1973
9(29 U.S.C. Sec. 794(a)) that indicates that the pupil has an
10anticipated graduation date and is scheduled to receive a high
11school diploma on or after July 1,begin delete 2015.end deletebegin insert 2016.end insert

12(2) The pupil has not passed the high school exit examination.

13(3) The school district or state special school certifies that the
14pupil has satisfied or will satisfy all other state and local
15requirements for the receipt of a high school diploma on or after
16July 1,begin delete 2015.end deletebegin insert 2016.end insert

17(4) The pupil has attempted to pass those sections not yet passed
18of the high school exit examination at least twice after grade 10,
19including at least once during the current enrollment of the pupil
20in grade 12, with the accommodations or modifications, if any,
21specified in the individualized education program adopted pursuant
22to the federal Individuals with Disabilities Education Act (20
23U.S.C. Sec. 1400 et seq.) or the plan adopted pursuant to Section
24504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec.
25794(a)) of the pupil.

26(b) Commencing July 1,begin delete 2015,end deletebegin insert 2016,end insert an eligible pupil with a
27disability may participate in the alternative means of demonstrating
28the level of academic achievement in the content standards required
29for passage of the high school exit examination in the manner
P4    1prescribed by the regulations adopted pursuant to Section 60852.1.
2The state board may, by regulation, extend this date by up to one
3year if it determines that an extension is necessary for the
4appropriate implementation of the regulations adopted pursuant
5to Section 60852.1.

6(c) An eligible pupil with a disability shall be deemed to have
7satisfied the requirements of Section 60851 for those parts of the
8high school exit examination that the eligible pupil with a disability
9has not passed if the school district in which the eligible pupil with
10a disability is enrolled is notified that the eligible pupil with a
11disability has successfully demonstrated the same level of academic
12achievement in the statewide content standards as the level of
13academic achievement that is necessary to pass the high school
14exit examination through one or more of the alternative means
15prescribed in the regulations adopted pursuant to Section 60852.1.

begin delete
16

SECTION 1.  

Chapter 6 (commencing with Section 26245) is
17added to Division 16.3 of the Public Resources Code, to read:

18 

19Chapter  6. Programs for Public Postsecondary
20Educational Facilities
21

 

22

26245.  

(a) The State Energy Resources Conservation and
23Development Commission shall develop and administer a financial
24assistance program to assist the California Community Colleges,
25the California State University, and the University of California
26with energy efficiency and clean energy onsite generation projects.

27(b) In addition to the criteria specified in Section 26206, the
28State Energy Resources Conservation and Development
29Commission shall develop and adopt guidelines that do all of the
30following:

31(1) Establish audit standards and procedures.

32(2) Ensure that the projects receiving financial assistance are
33 consistent with the state’s loading order, as described in the Energy
34Plan II jointly adopted by the State Energy Resources Conservation
35and Development Commission and the Public Utilities
36Commission.

37(3) Ensure that the projects are reliable and feasible with total
38energy savings benefits exceeding project costs.

39(4) Establish energy savings measurement and verification
40standards.

P5    1(5) Require the recipient of financial assistance to report to the
2commission on energy savings achieved.

3(6) If the project is for clean energy onsite generation, require
4that the energy cost savings over 75 percent of the expected life
5of the project will exceed the initial investment.

6(7) Give priority to projects that have the highest energy savings
7relative to the amount of public moneys used to finance the project.

8(8) Include funding for the California Community Colleges, the
9California State University, and the University of California in the
10following proportions:

11(A) ____ percent for projects of the California Community
12Colleges.

13(B) ____ percent for projects of the California State University.

14(C) ____ percent for projects of the University of California.

15(9) (A) Require the Chancellor of the California Community
16Colleges to be responsible for submitting to the commission
17applications for financial assistance and reports on project
18outcomes.

19(B) Require the Trustees of the California State University to
20be responsible for submitting to the commission applications for
21financial assistance and reports on project outcomes.

22(C) Require the University of California to be responsible for
23submitting to the commission applications for financial assistance
24and reports on project outcomes.

25(c) The State Energy Resources Conservation and Development
26Commission may use its existing grant and financing programs to
27minimize administrative costs associated with the program,
28including the program developed pursuant to the Energy
29Conservation Assistance Act of 1979 (Chapter 5.2 (commencing
30with Section 25410) of Division 15).

31(d) For purposes of this section, “financial assistance” means
32revolving loans and grants.

33

26246.  

The sum of ____ dollars ($____) is hereby appropriated
34for the 2013-14 fiscal year from the Clean Energy Job Creation
35Fund to the State Energy Resources Conservation and Development
36Commission for the purposes of this chapter.

end delete


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