SB 518: Sport fishing licenses: 12 consecutive month licenses.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-06-06
Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a sport fishing license for that purpose, with specified exceptions, and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires a resident or a nonresident, 16 years of age or older, upon payment of a specified fee, to be issued a sport fishing license for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof. Existing law also requires the issuance of shorter term licenses upon payment of a specified lesser fee. Existing law requires the Fish and Game Commission to adjust the amount of the fees, as prescribed, to fully recover, but not exceed, all reasonable administrative and implementation costs of the Department of Fish and Wildlife and the commission relating to those licenses.
This bill, in addition to sport fishing licenses for the periods specified above, would require a sport fishing license to be issued to a resident or nonresident for the period of 12 consecutive months, upon payment of a fee that is equal to 130% of the fees for issuance of resident or nonresident calendar-year licenses, as applicable. The bill would require the department to provide applicants for these licenses the option of signing up for automatic renewal of the license by electronic payment and would set the fee for licenses issued upon automatic renewal at the same price as a calendar-year license issued to residents or nonresidents, as applicable. The bill would require the commission to adjust the amount of the fees as necessary to fully recover, but not exceed, all reasonable administrative and implementation and administrative costs of the department and the commission relating to these licenses, including all costs related to their establishment. establishment and enforcement. The bill would require the department to collect all relevant, appropriate, and sufficient data necessary to justify the amount of the fees, as provided. The bill would require the department to submit to the Legislature a written report on the implementation of these provisions. provisions, as provided. The bill would make these provisions operative beginning January 1, 2020, until January 1, 2025.
Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a sport fishing license for that purpose, with specified exceptions, and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires a resident or a nonresident, 16 years of age or older, upon payment of a specified fee, to be issued a sport fishing license for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof. Existing law also requires the issuance of shorter term licenses upon payment of a specified lesser fee. Existing law requires the Fish and Game Commission to adjust the amount of the fees, as prescribed, to fully recover, but not exceed, all reasonable administrative and implementation costs of the Department of Fish and Wildlife and the commission relating to those licenses.
This bill, in addition to sport fishing licenses for the periods specified above, would require a sport fishing license to be issued to a resident or nonresident for the period of 12 consecutive months, upon payment of a fee that is equal to 130% of the fees for issuance of resident or nonresident calendar-year licenses, as applicable. The bill would require the department to provide applicants for these licenses the option of signing up for automatic renewal of the license by electronic payment and would set the fee for licenses issued upon automatic renewal at the same price as a calendar-year license issued to residents or nonresidents, as applicable. The bill would require the commission to adjust the amount of the fees as necessary to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these licenses, including all costs related to their establishment. The bill would require the department to submit to the Legislature a written report on the implementation of these provisions. The bill would make these provisions operative beginning January 1, 2020, until January 1, 2025.
Existing law requires every person 16 years of age or older who takes any fish, reptile, or amphibian for any purpose other than profit to first obtain a sport fishing license for that purpose, with specified exceptions, and to have that license on his or her person or in his or her immediate possession when engaged in carrying out any activity authorized by the license. Existing law requires a resident or a nonresident, 16 years of age or older, upon payment of a specified fee, to be issued a sport fishing license for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof. Existing law also requires the issuance of shorter term licenses upon payment of a specified lesser fee. Existing law requires the Fish and Game Commission to adjust the amount of the fees, as prescribed, to fully recover, but not exceed, all reasonable administrative and implementation costs of the Department of Fish and Wildlife and the commission relating to those licenses.
This bill, in addition to sport fishing licenses for the periods specified above, would require a sport fishing license to be issued to a resident or nonresident for the period of 12 consecutive months, upon payment of a fee that is equal to 130% of the fees for issuance of resident or nonresident calendar-year licenses, as applicable. The bill would require the commission to adjust the amount of the fees as necessary to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these licenses, including all costs related to their establishment. The bill would require the department to submit to the Legislature a written report on the implementation of these provisions. The bill would make these provisions operative beginning January 1, 2020, until January 1, 2025.
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 for 5 fiscal years beginning with the 201314 fiscal year. Moneys in the 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, until fiscal year 201718, provides for the allocation of moneys in the Clean Energy Job Creation Fund to local educational agencies and community college districts, as specified, and requires that funds remaining after the 201718 fiscal year continue to be available in future years for loans to local educational agencies and community college districts. Existing law, until July 1, 2019, prescribes the operation of the Citizens Oversight Board and establishes the authority and duties of the board, which relate to assessing the effectiveness of the expenditures from the fund in meeting the acts objectives.This bill would appropriate otherwise unallocated moneys in the Job Creation Fund, as determined by the State Energy Resources Conservation and Development Commission as of March 1, 2018, for purposes relating to improving energy efficiency at public schools and community colleges, as specified. This bill would, commencing with the 201819 fiscal year, establish the Clean Energy Job Creation Program with the purpose of funding specified projects in public schools, universities, and colleges that create jobs in California improving energy efficiency and expanding clean energy generation and would subject these projects to requirements similar to those imposed on projects under the California Clean Energy Jobs Act. The bill would extend the operation of the board and of its authority and duties indefinitely.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 for 5 fiscal years beginning with the 201314 fiscal year. Moneys in the 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, until fiscal year 201718, provides for the allocation of moneys in the Clean Energy Job Creation Fund to local educational agencies and community college districts, as specified, and requires that funds remaining after the 201718 fiscal year continue to be available in future years for loans to local educational agencies and community college districts. Existing law, until July 1, 2019, prescribes the operation of the Citizens Oversight Board and establishes the authority and duties of the board, which relate to assessing the effectiveness of the expenditures from the fund in meeting the acts objectives.
This bill would appropriate otherwise unallocated moneys in the Job Creation Fund, as determined by the State Energy Resources Conservation and Development Commission as of March 1, 2018, for purposes relating to improving energy efficiency at public schools and community colleges, as specified.
This bill would, commencing with the 201819 fiscal year, establish the Clean Energy Job Creation Program with the purpose of funding specified projects in public schools, universities, and colleges that create jobs in California improving energy efficiency and expanding clean energy generation and would subject these projects to requirements similar to those imposed on projects under the California Clean Energy Jobs Act. The bill would extend the operation of the board and of its authority and duties indefinitely.
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 for 5 fiscal years beginning with the 201314 fiscal year. Moneys in the 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, until fiscal year 201718, provides for the allocation of moneys in the Clean Energy Job Creation Fund to local educational agencies and community college districts, as specified, and requires that funds remaining after the 201718 fiscal year continue to be available in future years for loans to local education educational agencies and community college districts. Existing law, until July 1, 2019, prescribes the operation of the Citizens Oversight Board and establishes the authority and duties of the board, which relate to assessing the effectiveness of the expenditures from the fund in meeting the acts objectives.
This bill would establish the Clean Energy Job Creation Program with the purpose of funding specified projects in public schools, universities, and colleges that create jobs in California improving energy efficiency and expanding clean energy generation and would subject these projects to requirements similar to those imposed on projects under the California Clean Energy Jobs Act. The bill would extend the operation of the board and of its authority and duties indefinitely. The bill would appropriate otherwise unallocated moneys that have been provided to the Job Creation Fund moneys in the Job Creation Fund, as determined by the State Energy Resources Conservation and Development Commission as of March 1, 2018, for purposes relating to improving energy efficiency at public schools, universities, schools and community colleges, as specified. The bill would instead make the funds remaining after the 201718 fiscal year available for loans for these purposes.
This bill would, commencing with the 201819 fiscal year, establish the Clean Energy Job Creation Program with the purpose of funding specified projects in public schools, universities, and colleges that create jobs in California improving energy efficiency and expanding clean energy generation and would subject these projects to requirements similar to those imposed on projects under the California Clean Energy Jobs Act. The bill would extend the operation of the board and of its authority and duties indefinitely.
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 for 5 fiscal years beginning with the 201314 fiscal year. Moneys in the 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, until fiscal year 201718, provides for the allocation of moneys in the Clean Energy Job Creation Fund to local educational agencies and community college districts, as specified. specified, and requires that funds remaining after the 201718 fiscal year continue to be available in future years for loans to local education agencies and community college districts. Existing law, until July 1, 2019, prescribes the operation of the board Citizens Oversight Board and establishes the additional authority and duties of the board. board, which relate to assessing the effectiveness of the expenditures from the fund in meeting the acts objectives.
This bill would continue the allocation of any moneys in the Clean Energy Job Creation Fund through fiscal year 202223. The establish the Clean Energy Job Creation Program with the purpose of funding specified projects in public schools, universities, and colleges that create jobs in California improving energy efficiency and expanding clean energy generation and would subject these projects to requirements similar to those imposed on projects under the California Clean Energy Jobs Act. The bill would extend the operation of the board and of its additional authority and duties to July 1, 2023. indefinitely. The bill would appropriate otherwise unallocated moneys that have been provided to the Job Creation Fund for purposes relating to improving energy efficiency at public schools, universities, and colleges, as specified. The bill would instead make the funds remaining after the 201718 fiscal year available for loans for these purposes.
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 for 5 fiscal years beginning with the 201314 fiscal year. Moneys in the 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, until fiscal year 201718, provides for the allocation of moneys in the Clean Energy Job Creation Fund to local educational agencies and community college districts, as specified. Existing law, until July 1, 2019, prescribes the operation of the board and establishes the additional authority and duties of the board.
This bill would continue the allocation of any moneys in the Clean Energy Job Creation Fund through fiscal year 202223. The bill would extend the operation of the board and of its additional authority and duties to July 1, 2023.
(a)In addition to sport fishing licenses for the periods specified in Section 7149.05, a sport fishing license granting the privilege to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit for the period of 12 consecutive months, beginning on the date specified on the license, shall be issued to both of the following:
(1)A resident, 16 years of age or older, upon payment of a fee that is equal to 130 percent, rounded to the nearest twenty-five cents ($0.25), of the fee charged to a resident for a calendar-year license under Section 7149.05.
(2)A nonresident, 16 years of age or older, upon payment of a fee that is equal to 130 percent, rounded to the nearest twenty-five cents ($0.25), of the fee charged to a nonresident for a calendar-year license under Section 7149.05.
(b)The department shall provide applicants the option to sign up for automatic renewal of a license issued pursuant to this section by automatic credit card or debit card payment or electronic funds transfer. Notwithstanding subdivision (a), the fee for issuance of a license upon automatic renewal shall be equal to the cost of a calendar-year license issued pursuant to Section 7149.05 to residents or nonresidents, as applicable. The department shall provide a person who signs up for automatic renewal with advance notice of renewal, including the date of the scheduled renewal fee charge.
(c)The terms and conditions set forth in Section 7149.05 regarding issuance of California sport fishing license validations shall also apply with respect to sport fishing licenses issued pursuant to this section.
(d)(1)The commission shall adjust the amount of the fees specified in this section, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation and administrative costs of the department and the commission relating to the licenses under this section. Administrative and implementation Implementation and administrative costs shall include all costs related to the establishment and enforcement of these licenses.
(2)The department shall collect all relevant, appropriate, and sufficient data necessary to justify the amount of the fees assessed pursuant to this section, including information about data collection and enforcement costs. Data collection efforts pursuant to this section shall avoid duplication and use data collected for other purposes, as feasible.
(e)This section shall become operative on January 1, 2020.
(f)On or before December 1, 2023, the department shall submit to the Legislature a written report on the implementation of this section. section, which shall include all information collected pursuant to subdivision (d). The report shall be submitted in compliance with Section 9795 of the Government Code.
(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(a)In addition to sport fishing licenses for the periods specified in Section 7149.05, a sport fishing license granting the privilege to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit for the period of 12 consecutive months, beginning on the date specified on the license, shall be issued to both of the following:
(1)A resident, 16 years of age or older, upon payment of a fee that is equal to 130 percent, rounded to the nearest twenty-five cents ($0.25), of the fee charged to a resident for a calendar-year license under Section 7149.05.
(2)A nonresident, 16 years of age or older, upon payment of a fee that is equal to 130 percent, rounded to the nearest twenty-five cents ($0.25), of the fee charged to a nonresident for a calendar-year license under Section 7149.05.
(b)The department shall provide applicants the option to sign up for automatic renewal of a license issued pursuant to this section by automatic credit card or debit card payment or electronic funds transfer. Notwithstanding subdivision (a), the fee for issuance of a license upon automatic renewal shall be equal to the cost of a calendar-year license issued pursuant to Section 7149.05 to residents or nonresidents, as applicable. The department shall provide a person who signs up for automatic renewal with advance notice of renewal, including the date of the scheduled renewal fee charge.
(b)(c)The terms and conditions set forth in Section 7149.05 regarding issuance of California sport fishing license validations shall also apply with respect to sport fishing licenses issued pursuant to this section.
(c)(d)The commission shall adjust the amount of the fees specified in this section, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to the licenses under this section. Administrative and implementation costs shall include all costs related to the establishment of these licenses.
(d)(e)This section shall become operative on January 1, 2020.
(e)(f)On or before December 1, 2023, the department shall submit to the Legislature a written report on the implementation of this section. The report shall be submitted in compliance with Section 9795 of the Government Code.
(f)(g)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(a)In addition to sport fishing licenses for the periods specified in Section 7149.05, a sport fishing license granting the privilege to take any fish, reptile, or amphibian anywhere in this state for purposes other than profit for the period of 12 consecutive months, beginning on the date specified on the license, shall be issued to both of the following:
(1)A resident, 16 years of age or older, upon payment of a fee that is equal to 130 percent, rounded to the nearest twenty-five cents ($0.25), of the fee charged to a resident for a calendar-year license under Section 7149.05.
(2)A nonresident, 16 years of age or older, upon payment of a fee that is equal to 130 percent, rounded to the nearest twenty-five cents ($0.25), of the fee charged to a nonresident for a calendar-year license under Section 7149.05.
(b)The terms and conditions set forth in Section 7149.05 regarding issuance of California sport fishing license validations shall also apply with respect to sport fishing licenses issued pursuant to this section.
(c)The commission shall adjust the amount of the fees specified in this section, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to the licenses under this section. Administrative and implementation costs shall include all costs related to the establishment of these licenses.
(d)This section shall become operative on January 1, 2020.
(e)On or before December 1, 2023, the department shall submit to the Legislature a written report on the implementation of this section. The report shall be submitted in compliance with Section 9795 of the Government Code.
(f)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SECTION 1.Section 26205.5 is added to the Public Resources Code, to read:26205.5.(a)Of the moneys provided to the Job Creation Fund for purposes of paragraph (1) of subdivision (a) of Section 26205, the amount unallocated, which is the amount of moneys that are not associated with an approved energy expenditure plan, as determined by the Energy Commission as of March 1, 2018, shall be appropriated as follows:(1)The first seventy-five million dollars ($75,000,000) shall be provided to school districts and county offices of education for grants or loans for schoolbus retrofit or replacement.(A)Priority shall be given to school districts and county offices of education operating the oldest schoolbuses or schoolbuses operating in disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, as determined by the State Air Resources Board, and to school districts or county offices of education with a majority of students eligible for free or reduced-price meals in the prior year.(B)Any schoolbuses that have been replaced pursuant to this paragraph shall be scrapped.(C)A local air district may administer funding provided pursuant to this paragraph, if authorized by the Energy Commission.(2)The next one hundred million dollars ($100,000,000) shall be deposited into the Education Subaccount, created pursuant to Section 26227, for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance on a competitive basis. Priority shall be given to local educational agencies based on the percentage of students eligible for free or reduced-price meals in the prior year, energy savings, geographic diversity, and diversity in the size of the local educational agencies student populations. If a local educational agency has a project eligible for a loan under this paragraph, the maximum loan amount for the project shall be the project cost reduced by both of the following, as applicable:(A)The amount of any grant awarded for the project pursuant to paragraph (3).(B)Any state, federal, or local incentives that have been provided for the project.(3)(A)(i)The remaining moneys, if any, shall be provided to school districts, county offices of education, and charter schools on a competitive basis in accordance with subdivision (b) of Section 26227.2, as implemented by the Energy Commission, in consultation with the State Department of Education, as follows:(I)Ten percent shall be for applicants with an average daily attendance of not more than 1,000.(II)Ten percent shall be for applicants with an average daily attendance of more than 1,000 and not more than 2,000.(III)Eighty percent shall be for applicants with an average daily attendance of more than 2,000.(ii)The commission may adjust the funding allocations specified in clause (i) and may add additional categories based on average daily attendance to further the purposes of Section 26227.2.(B)The Energy Commission shall facilitate local educational agency pursuit of funding under this paragraph and from the State Energy Conservation Assistance Account through coordinated information, documentation, and review processes regarding the project.(C)For purposes of this paragraph, average daily attendance shall be those numbers as reported in the prior year, as determined by the State Department of Education.(b)A local educational agency that receives moneys pursuant to this section shall encumber those moneys within nine months of allocation.(c)The Energy Commission may adopt implementing regulations that are consistent with the requirements of Chapter 3 (commencing with Section 26210).(d)For purposes of this section, a local educational agency means a school district, county office of education, charter school, or community college district.SEC. 2.Section 26211 of the Public Resources Code is amended to read:26211.Funding for the board shall be available, upon appropriation by the Legislature, in the annual Budget Act.SEC. 3.Section 26212 of the Public Resources Code is amended to read:26212.(a)Members of the board shall serve for a term of four years and may be reappointed for up to two additional terms.(b)A majority of board members shall constitute a quorum.(c)The boards principal office shall be located in the State Energy Resources Conservation and Development Commissions office in Sacramento.(d)Each board member shall be entitled to one vote. All votes shall be recorded and reported in the minutes of the board.(e)The board shall select from among its members a chair and a vice chair, as provided in Section 26214.(f)Members of the board shall not be compensated for their service, but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.(g)Requests for reimbursement for actual and necessary expenses shall be submitted to the chair for approval and may be paid in accordance with Section 26217.SEC. 4.Section 26213 of the Public Resources Code is amended to read:26213.(a)The board shall meet at least four times per year or as often as the chair or the board deems necessary to conduct its business.(b)The chair shall, with the assistance of staff, prepare the agenda for each board meeting. Meeting agendas shall be prepared in advance of each meeting based on input from board members, staff, and the public.(c)The board and any committees established by the board shall comply with, and be subject to, the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).(d)The board shall comply with, and be subject to, the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).SEC. 5.Section 26214 of the Public Resources Code is amended to read:26214.(a)The first meeting of the board, at which a chair shall be selected, may be held upon appointment of all nine members of the board and shall be called jointly by the Treasurer, the Controller, and the Attorney General.(b)The board shall elect a chair and vice chair at the first meeting of the board each year and each such individual shall hold office for one year commencing on the following July 1 and ending when his or her successor takes office. If there is a vacancy during the year in the office of the chair or vice chair, a majority of the active members of the board shall elect a replacement chair or vice chair to serve the remainder of the year. If the interim vacancy is in the office of the chair, then the vice chair shall perform the duties of the chair until a successor is elected.(c)The board shall establish rules of operation for the board that are consistent with the rules and practices applicable to other state boards.(d)In the absence of the chair during a meeting, the vice chair shall perform all of the functions of the chair.(e)The chair shall oversee meetings, serve as an ex officio member of all committees, work in partnership with staff to ensure board resolutions are carried out, call special meetings if necessary, appoint all committee chairs and recommend who will serve on committees, prepare agendas for meetings, coordinate the hiring and evaluations of staff and consultants, act as spokesperson for the board, periodically consult with board members on their roles, and ensure that the rules of procedure and decorum contained in this chapter are observed and enforced.(f)The vice chair shall carry out special assignments as requested by the chair, understand the responsibilities of the chair, and be able to perform the duties of the chair in the chairs absence.(g)Board staff activities shall not be duplicative of ongoing efforts by other state agencies, including, but not limited to, the State Department of Education and the State Energy Resources Conservation and Development Commission.SEC. 6.Section 26215 of the Public Resources Code is amended to read:26215.(a)The board may establish committees as it deems necessary and appropriate. The chair may, with board approval, define and limit a committees scope and authority, and establish rules of operation for the committees.(b)Each committee shall meet and shall make recommendations and reports as deemed necessary or appropriate by the chair or the board.(c)In the absence of the committee chair, the vice chair shall conduct routine business matters and meetings of the committee.(d)The status, purpose, and authority of a committee shall be determined by the chair and approved by the board at the time the committee is established by the board. The board may modify a committees status, purpose, or authority at any time.(e)A committee may act within its delegated authority without further approval of the board. Committees and committee members shall not make or issue policy statements, recommendations, or media releases without prior approval of the board. A committee activity that implies action by the board or is outside the committees delegated authority is prohibited without specific board approval.SEC. 7.Section 26216 of the Public Resources Code is amended to read:26216.(a)The board shall review and evaluate the progress and status of projects and shall prepare, approve, and distribute annual reports of its activities, findings, and recommendations to the Governor, the Legislature, and the public, to the extent these actions are consistent with subdivision (d) of Section 26210. Each annual report shall concern the activities of the board and its committees during the preceding calendar year and shall be distributed within 90 days of the end of the calendar year to which it pertains.(b)The process for preparing, approving, and distributing the annual reports shall be as follows:(1)The chair shall be responsible for preparing a draft annual report that shall be presented at a regularly scheduled meeting of the board.(2)The draft annual report shall be discussed and considered by the board at the meeting and shall be approved as presented or with amendments or changes following the opportunity for, and receipt of, any public comment.(3)After the meeting, the annual report shall be put into its final approved form and shall be distributed and published on the boards Internet Web site.(c)The annual report distributed pursuant to this section shall be submitted to the Legislature in accordance with Section 9795 of the Government Code.SEC. 8.Section 26217 of the Public Resources Code is amended to read:26217.(a)Expenses of the board shall be accounted for and paid in a manner that is consistent with the State Administrative Manual and any related processes and procedures. The board may delegate to the chair or staff the authority to approve expenses, pay expenses, or both.(b)Expenditure items exceeding the boards budget, or expenditure items the chair deems worthy of further consideration, shall be brought before the board for consideration at the next meeting.(c)The chair shall be responsible for tracking the boards budget and regularly reporting to the board if expenditures are within the amounts planned and what steps have been taken or are proposed to be taken to ensure that the board has sufficient funds to accomplish its annual mission.(d)The chair may testify before a state authority and his or her actual and necessary travel, meal, and lodging expenses shall be reimbursed.(e)The expenses of the board shall be published in the boards annual report required by Section 26216.SEC. 9.Section 26227 of the Public Resources Code is amended to read:26227.(a)(1)For the 201314 fiscal year, twenty-eight million dollars ($28,000,000) shall be transferred from the Job Creation Fund to the Education Subaccount, which is hereby created in the State Energy Conservation Assistance Account created pursuant to Section 25416. The moneys in the Education Subaccount are appropriated 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.(2)For the 201314 fiscal year, funds in the Education Subaccount shall be available for local educational agencies and community college districts. If a local educational agency or community college district has an eligible project, the amount of the funding resources gap that is to be considered a reasonable loan value from the Education Subaccount is the project cost less the amount of any grant awarded pursuant to Section 26233 and less any state, federal, or local incentives. A local educational agency or community college district may need to meet additional credit or other financial qualifying criteria applicable pursuant to the Energy Conservation Assistance Act of 1979 (Chapter 5.2 (commencing with Section 25410) of Division 15). The Energy Commission shall facilitate a local educational agency or community college districts participation in both the Job Creation Fund and Energy Conservation Assistance Account programs through coordinated information, documentation, and review processes regarding the project and the borrowing entity.(b)For the 201415 through 202223 fiscal years, inclusive, the amount transferred from the Job Creation Fund to the Energy Conservation Assistance Account shall be determined in the annual budget.(c)Funds remaining in the Education Subaccount after the 201718 fiscal year shall continue to be available in future years pursuant to Section 26205.5.SEC. 10.Section 26227.2 is added to the Public Resources Code, to read:26227.2.(a)Commencing with the 201819 fiscal year, the Clean Energy Job Creation Program is hereby established for the purpose of funding projects described in paragraph (1) or (2) of subdivision (a) of Section 26205 that create jobs in California improving energy efficiency and expanding clean energy generation.(b)All of the following criteria shall apply to the Clean Energy Job Creation Program:(1)Project selection and oversight shall be managed by, and funds shall be appropriated only to, existing state and local government agencies with established expertise in managing energy projects and programs.(2)All projects shall be selected based on in-state job creation and energy benefits for each project type.(3)All projects shall be cost effective with the total benefits being greater than the costs of the project over time. Project selection may, in addition to energy benefits, include consideration of nonenergy benefits, such as health and safety.(4)All projects shall require contracts that identify the project specifications, costs, and projected energy savings.(5)All projects shall be subject to audit.(6)Program overhead costs, including administrative costs incurred by the Energy Commission, shall not exceed 4 percent of the total funding.(7)Agencies administering the program shall coordinate with the Energy Commission and the Public Utilities Commission to avoid duplication and to maximize leverage of existing energy efficiency and clean energy efforts.(8)Eligible expenditures include expenditures associated with technical assistance and with reducing project costs and delays, including the development and implementation of processes that reduce the costs of design, permitting or financing, or other barriers to project completion and job creation.(c)Commencing with the 201819 fiscal year, funds appropriated in the annual Budget Act or another statute for the Clean Energy Job Creation Program shall be available as follows:(1)Eleven percent of the funds shall be available to community college districts, to be allocated by the Chancellor of the California Community Colleges at his or her discretion for program purposes.(2)(A)The remaining moneys shall be allocated to school districts, county offices of education, and charter schools as follows:(i)Ten percent shall be for applicants with an average daily attendance of not more than 1,000.(ii)Ten percent shall be for applicants with an average daily attendance of more than 1,000 and not more than 2,000.(iii)Eighty percent shall be for applicants with an average daily attendance of more than 2,000.(B)The commission may adjust the funding allocations specified in subparagraph (A) and may add additional categories based on average daily attendance to further the purposes of this section.(d)A local educational agency that receives moneys pursuant to this section shall encumber those moneys within nine months of allocation.(e)The Energy Commission may adopt implementing regulations that are consistent with the requirements of Chapter 3 (commencing with Section 26210).(f)For purposes of this section, a local educational agency means a school district, county office of education, charter school, or community college district.SEC. 11.Section 26233 of the Public Resources Code is amended to read:26233.(a) Commencing with the 201314 fiscal year and through the 201718 fiscal year, inclusive, the funds deposited annually in the Job Creation Fund and remaining after the transfer pursuant to Section 26227 and the appropriation pursuant to Section 26230 shall be allocated, to the extent consistent with this division, as follows:(1)Eighty-nine percent of the funds shall be available to local educational agencies and allocated by the Superintendent of Public Instruction pursuant to subdivision (b).(2)Eleven percent of the funds shall be available to community college districts and allocated by the Chancellor of the California Community Colleges at his or her discretion.(b)The Superintendent of Public Instruction shall allocate the funds provided in paragraph (1) of subdivision (a) as follows:(1)Eighty-five percent on the basis of average daily attendance reported as of the second principal apportionment for the prior fiscal year. For purposes of this section, average daily attendance for the state special schools shall be deemed to be 97 percent of the prior year enrollment as reported in the California Longitudinal Pupil Achievement Data System.(A)For every local educational agency with average daily attendance as reported pursuant to this subdivision of 100 or less, the amount awarded shall be fifteen thousand dollars ($15,000).(B)For every local educational agency with average daily attendance as reported pursuant to this subdivision in excess of 100, but 1,000 or less, the amount awarded shall be either that local educational agencys proportional award on the basis of average daily attendance or fifty thousand dollars ($50,000), whichever amount is larger.(C)For every local educational agency with average daily attendance as reported pursuant to this subdivision in excess of 1,000, but less than 2,000, the amount awarded shall be either that local educational agencys proportional award on the basis of average daily attendance or one hundred thousand dollars ($100,000), whichever amount is larger.(D)For every local educational agency with average daily attendance as reported pursuant to this subdivision of 2,000 or more, the amount awarded shall be the local educational agencys proportional award on the basis of average daily attendance.(2)Fifteen percent on the basis of students eligible for free and reduced-price meals in the prior year.(3)For every local educational agency that receives over one million dollars ($1,000,000) pursuant to this subdivision, not less than 50 percent of the funds shall be used for projects larger than two hundred fifty thousand dollars ($250,000) that achieve substantial energy efficiency, clean energy, and jobs benefits.(c)A local educational agency subject to subparagraph (A) or (B) of paragraph (1) of subdivision (b) may submit a written request to the Superintendent of Public Instruction, by September 1 of each year, to receive in the current year its funding allocation for both the current year and the following year, both of which would be based on the average daily attendance used in the current year for determining funding pursuant to the applicable subparagraph. A local educational agency requesting funding pursuant to this subdivision shall not receive a funding allocation in the year following the request. This election applies to the funding available pursuant to paragraphs (1) and (2) of subdivision (b).(d)A local educational agency shall encumber funds received pursuant to this section by March 31, 2019.SEC. 12.Section 26240 of the Public Resources Code is amended to read:26240.(a)To later quantify the costs and benefits of funded projects, an entity that receives funds from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2 shall authorize its local electric and gas utilities to provide 12 months of past and ongoing usage and billing records at the school facility site level to the Energy Commission.(b)As a condition of receiving funds from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2, not sooner than one year but no later than 15 months after an entity completes its first eligible project with a grant, loan, or other assistance from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2, the entity shall submit a report of its project expenditures to the Citizens Oversight Board created pursuant to Chapter 3 (commencing with Section 26210). To the extent practical, this report shall also contain information on any of the following:(1)The total final gross project cost before deducting any incentives or other grants and the percentage of total project cost derived from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2.(2)The estimated amount of energy saved, accompanied by specified energy consumption and utility bill cost data for the individual facility where the project is located, in a format to be specified by the Energy Commission.(3)The nameplate rating of new clean energy generation installed.(4)The number of trainees.(5)The number of direct full-time equivalent employees and the average number of months or years of utilization of each of these employees.(6)The amount of time between awarding of the financial assistance and the completion of the project or training activities.(7)The entitys energy intensity before and after project completion, as determined from an energy rating or benchmark system, to be determined by the Energy Commission, such as the United States Environmental Protection Agencys Energy Star system or other acceptable benchmarking approach that may be available from local utilities, the American Society for Heating, Refrigerating, and Air-Conditioning Engineers, Inc., or a publicly available building analysis software as is appropriate to the size, budget, and expertise available to the school.(c)If an LEA completes more than one project, the required information for a second and any subsequent project shall be submitted no later than the first full quarter following project completion.(d)To minimize the calculation burden on LEAs, the Energy Commission shall develop a method to utilize the data submitted by each recipient LEA in its project reports, such as utility consumption data, building operating characteristics, and other information, to calculate for each project, LEA, or the state as a whole the actual or estimated energy and cost savings. This method shall include a means to combine gas and electric savings into a combined cost of saved energy factor and to report on other economic and investment performance metrics. The Energy Commission shall prepare an annual summary of the expenditures, energy savings, effective cost of saved energy or return on investment, and employment effects of each years completed projects, and shall provide this report to the Citizens Oversight Board.(e)The California Workforce Investment Board, in consultation with the Energy Commission, shall utilize the 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 or from funds appropriated pursuant to subdivision (c) of Section 26227.2. The California Workforce Investment Board shall prepare a report with this information annually and submit it to the Citizens Oversight Board.(f)The Citizens Oversight Board shall report the information it receives pursuant to subdivisions (a) to (e), inclusive, to the Legislature as part of its responsibilities pursuant to subdivision (d) of Section 26210. The Citizens Oversight Boards report shall be submitted annually and posted on a publicly accessible Internet Web site.(g)Funding provided to LEAs pursuant to this chapter is subject to annual audits required by Section 41020 of the Education Code. Funding provided to community college districts pursuant to this chapter is subject to annual audits required by Section 84040 of the Education Code.(h)(1)The Superintendent of Public Instruction shall require local educational agencies to pay back funds if they are not used in accordance with state statute or regulations, if a project is torn down or remodeled, or if the property is deemed to be surplus and sold prior to the payback of the project.(2)The Chancellor of the California Community Colleges shall require a community college to pay back funds if they are not used in accordance with state statute or regulations, if a project is torn down or remodeled, or if the property is deemed to be surplus and sold prior to the payback of the project.(a)Of the moneys provided to the Job Creation Fund for purposes of paragraph (1) of subdivision (a) of Section 26205, the amount unallocated, which is the amount of moneys that are not associated with an approved energy expenditure plan, as determined by the Energy Commission as of March 1, 2018, shall be appropriated as follows:
(1)The first seventy-five million dollars ($75,000,000) shall be provided to school districts and county offices of education for grants or loans for schoolbus retrofit or replacement.
(A)Priority shall be given to school districts and county offices of education operating the oldest schoolbuses or schoolbuses operating in disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, as determined by the State Air Resources Board, and to school districts or county offices of education with a majority of students eligible for free or reduced-price meals in the prior year.
(B)Any schoolbuses that have been replaced pursuant to this paragraph shall be scrapped.
(C)A local air district may administer funding provided pursuant to this paragraph, if authorized by the Energy Commission.
(2)The next one hundred million dollars ($100,000,000) shall be deposited into the Education Subaccount, created pursuant to Section 26227, for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance on a competitive basis. Priority shall be given to local educational agencies based on the percentage of students eligible for free or reduced-price meals in the prior year, energy savings, geographic diversity, and diversity in the size of the local educational agencies student populations. If a local educational agency has a project eligible for a loan under this paragraph, the maximum loan amount for the project shall be the project cost reduced by both of the following, as applicable:
(A)The amount of any grant awarded for the project pursuant to paragraph (3).
(B)Any state, federal, or local incentives that have been provided for the project.
(3)(A)(i)The remaining moneys, if any, shall be provided to school districts, county offices of education, and charter schools on a competitive basis in accordance with subdivision (b) of Section 26227.2, as implemented by the Energy Commission, in consultation with the State Department of Education, as follows:
(I)Ten percent shall be for applicants with an average daily attendance of not more than 1,000.
(II)Ten percent shall be for applicants with an average daily attendance of more than 1,000 and not more than 2,000.
(III)Eighty percent shall be for applicants with an average daily attendance of more than 2,000.
(ii)The commission may adjust the funding allocations specified in clause (i) and may add additional categories based on average daily attendance to further the purposes of Section 26227.2.
(B)The Energy Commission shall facilitate local educational agency pursuit of funding under this paragraph and from the State Energy Conservation Assistance Account through coordinated information, documentation, and review processes regarding the project.
(C)For purposes of this paragraph, average daily attendance shall be those numbers as reported in the prior year, as determined by the State Department of Education.
(b)A local educational agency that receives moneys pursuant to this section shall encumber those moneys within nine months of allocation.
(c)The Energy Commission may adopt implementing regulations that are consistent with the requirements of Chapter 3 (commencing with Section 26210).
(d)For purposes of this section, a local educational agency means a school district, county office of education, charter school, or community college district.
SEC. 2.Section 26211 of the Public Resources Code is amended to read:26211.Funding for the board shall be available, upon appropriation by the Legislature, in the annual Budget Act.
SEC. 3.Section 26212 of the Public Resources Code is amended to read:26212.(a)Members of the board shall serve for a term of four years and may be reappointed for up to two additional terms.
(b)A majority of board members shall constitute a quorum.
(c)The boards principal office shall be located in the State Energy Resources Conservation and Development Commissions office in Sacramento.
(d)Each board member shall be entitled to one vote. All votes shall be recorded and reported in the minutes of the board.
(e)The board shall select from among its members a chair and a vice chair, as provided in Section 26214.
(f)Members of the board shall not be compensated for their service, but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.
(g)Requests for reimbursement for actual and necessary expenses shall be submitted to the chair for approval and may be paid in accordance with Section 26217.
SEC. 4.Section 26213 of the Public Resources Code is amended to read:26213.(a)The board shall meet at least four times per year or as often as the chair or the board deems necessary to conduct its business.
(b)The chair shall, with the assistance of staff, prepare the agenda for each board meeting. Meeting agendas shall be prepared in advance of each meeting based on input from board members, staff, and the public.
(c)The board and any committees established by the board shall comply with, and be subject to, the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(d)The board shall comply with, and be subject to, the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
SEC. 5.Section 26214 of the Public Resources Code is amended to read:26214.(a)The first meeting of the board, at which a chair shall be selected, may be held upon appointment of all nine members of the board and shall be called jointly by the Treasurer, the Controller, and the Attorney General.
(b)The board shall elect a chair and vice chair at the first meeting of the board each year and each such individual shall hold office for one year commencing on the following July 1 and ending when his or her successor takes office. If there is a vacancy during the year in the office of the chair or vice chair, a majority of the active members of the board shall elect a replacement chair or vice chair to serve the remainder of the year. If the interim vacancy is in the office of the chair, then the vice chair shall perform the duties of the chair until a successor is elected.
(c)The board shall establish rules of operation for the board that are consistent with the rules and practices applicable to other state boards.
(d)In the absence of the chair during a meeting, the vice chair shall perform all of the functions of the chair.
(e)The chair shall oversee meetings, serve as an ex officio member of all committees, work in partnership with staff to ensure board resolutions are carried out, call special meetings if necessary, appoint all committee chairs and recommend who will serve on committees, prepare agendas for meetings, coordinate the hiring and evaluations of staff and consultants, act as spokesperson for the board, periodically consult with board members on their roles, and ensure that the rules of procedure and decorum contained in this chapter are observed and enforced.
(f)The vice chair shall carry out special assignments as requested by the chair, understand the responsibilities of the chair, and be able to perform the duties of the chair in the chairs absence.
(g)Board staff activities shall not be duplicative of ongoing efforts by other state agencies, including, but not limited to, the State Department of Education and the State Energy Resources Conservation and Development Commission.
SEC. 6.Section 26215 of the Public Resources Code is amended to read:26215.(a)The board may establish committees as it deems necessary and appropriate. The chair may, with board approval, define and limit a committees scope and authority, and establish rules of operation for the committees.
(b)Each committee shall meet and shall make recommendations and reports as deemed necessary or appropriate by the chair or the board.
(c)In the absence of the committee chair, the vice chair shall conduct routine business matters and meetings of the committee.
(d)The status, purpose, and authority of a committee shall be determined by the chair and approved by the board at the time the committee is established by the board. The board may modify a committees status, purpose, or authority at any time.
(e)A committee may act within its delegated authority without further approval of the board. Committees and committee members shall not make or issue policy statements, recommendations, or media releases without prior approval of the board. A committee activity that implies action by the board or is outside the committees delegated authority is prohibited without specific board approval.
SEC. 7.Section 26216 of the Public Resources Code is amended to read:26216.(a)The board shall review and evaluate the progress and status of projects and shall prepare, approve, and distribute annual reports of its activities, findings, and recommendations to the Governor, the Legislature, and the public, to the extent these actions are consistent with subdivision (d) of Section 26210. Each annual report shall concern the activities of the board and its committees during the preceding calendar year and shall be distributed within 90 days of the end of the calendar year to which it pertains.
(b)The process for preparing, approving, and distributing the annual reports shall be as follows:
(1)The chair shall be responsible for preparing a draft annual report that shall be presented at a regularly scheduled meeting of the board.
(2)The draft annual report shall be discussed and considered by the board at the meeting and shall be approved as presented or with amendments or changes following the opportunity for, and receipt of, any public comment.
(3)After the meeting, the annual report shall be put into its final approved form and shall be distributed and published on the boards Internet Web site.
(c)The annual report distributed pursuant to this section shall be submitted to the Legislature in accordance with Section 9795 of the Government Code.
SEC. 8.Section 26217 of the Public Resources Code is amended to read:26217.(a)Expenses of the board shall be accounted for and paid in a manner that is consistent with the State Administrative Manual and any related processes and procedures. The board may delegate to the chair or staff the authority to approve expenses, pay expenses, or both.
(b)Expenditure items exceeding the boards budget, or expenditure items the chair deems worthy of further consideration, shall be brought before the board for consideration at the next meeting.
(c)The chair shall be responsible for tracking the boards budget and regularly reporting to the board if expenditures are within the amounts planned and what steps have been taken or are proposed to be taken to ensure that the board has sufficient funds to accomplish its annual mission.
(d)The chair may testify before a state authority and his or her actual and necessary travel, meal, and lodging expenses shall be reimbursed.
(e)The expenses of the board shall be published in the boards annual report required by Section 26216.
SEC. 9.Section 26227 of the Public Resources Code is amended to read:26227.(a)(1)For the 201314 fiscal year, twenty-eight million dollars ($28,000,000) shall be transferred from the Job Creation Fund to the Education Subaccount, which is hereby created in the State Energy Conservation Assistance Account created pursuant to Section 25416. The moneys in the Education Subaccount are appropriated 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.
(2)For the 201314 fiscal year, funds in the Education Subaccount shall be available for local educational agencies and community college districts. If a local educational agency or community college district has an eligible project, the amount of the funding resources gap that is to be considered a reasonable loan value from the Education Subaccount is the project cost less the amount of any grant awarded pursuant to Section 26233 and less any state, federal, or local incentives. A local educational agency or community college district may need to meet additional credit or other financial qualifying criteria applicable pursuant to the Energy Conservation Assistance Act of 1979 (Chapter 5.2 (commencing with Section 25410) of Division 15). The Energy Commission shall facilitate a local educational agency or community college districts participation in both the Job Creation Fund and Energy Conservation Assistance Account programs through coordinated information, documentation, and review processes regarding the project and the borrowing entity.
(b)For the 201415 through 202223 fiscal years, inclusive, the amount transferred from the Job Creation Fund to the Energy Conservation Assistance Account shall be determined in the annual budget.
(c)Funds remaining in the Education Subaccount after the 201718 fiscal year shall continue to be available in future years pursuant to Section 26205.5.
SEC. 10.Section 26227.2 is added to the Public Resources Code, to read:26227.2.(a)Commencing with the 201819 fiscal year, the Clean Energy Job Creation Program is hereby established for the purpose of funding projects described in paragraph (1) or (2) of subdivision (a) of Section 26205 that create jobs in California improving energy efficiency and expanding clean energy generation.
(b)All of the following criteria shall apply to the Clean Energy Job Creation Program:
(1)Project selection and oversight shall be managed by, and funds shall be appropriated only to, existing state and local government agencies with established expertise in managing energy projects and programs.
(2)All projects shall be selected based on in-state job creation and energy benefits for each project type.
(3)All projects shall be cost effective with the total benefits being greater than the costs of the project over time. Project selection may, in addition to energy benefits, include consideration of nonenergy benefits, such as health and safety.
(4)All projects shall require contracts that identify the project specifications, costs, and projected energy savings.
(5)All projects shall be subject to audit.
(6)Program overhead costs, including administrative costs incurred by the Energy Commission, shall not exceed 4 percent of the total funding.
(7)Agencies administering the program shall coordinate with the Energy Commission and the Public Utilities Commission to avoid duplication and to maximize leverage of existing energy efficiency and clean energy efforts.
(8)Eligible expenditures include expenditures associated with technical assistance and with reducing project costs and delays, including the development and implementation of processes that reduce the costs of design, permitting or financing, or other barriers to project completion and job creation.
(c)Commencing with the 201819 fiscal year, funds appropriated in the annual Budget Act or another statute for the Clean Energy Job Creation Program shall be available as follows:
(1)Eleven percent of the funds shall be available to community college districts, to be allocated by the Chancellor of the California Community Colleges at his or her discretion for program purposes.
(2)(A)The remaining moneys shall be allocated to school districts, county offices of education, and charter schools as follows:
(i)Ten percent shall be for applicants with an average daily attendance of not more than 1,000.
(ii)Ten percent shall be for applicants with an average daily attendance of more than 1,000 and not more than 2,000.
(iii)Eighty percent shall be for applicants with an average daily attendance of more than 2,000.
(B)The commission may adjust the funding allocations specified in subparagraph (A) and may add additional categories based on average daily attendance to further the purposes of this section.
(d)A local educational agency that receives moneys pursuant to this section shall encumber those moneys within nine months of allocation.
(e)The Energy Commission may adopt implementing regulations that are consistent with the requirements of Chapter 3 (commencing with Section 26210).
(f)For purposes of this section, a local educational agency means a school district, county office of education, charter school, or community college district.
SEC. 11.Section 26233 of the Public Resources Code is amended to read:26233.(a) Commencing with the 201314 fiscal year and through the 201718 fiscal year, inclusive, the funds deposited annually in the Job Creation Fund and remaining after the transfer pursuant to Section 26227 and the appropriation pursuant to Section 26230 shall be allocated, to the extent consistent with this division, as follows:
(1)Eighty-nine percent of the funds shall be available to local educational agencies and allocated by the Superintendent of Public Instruction pursuant to subdivision (b).
(2)Eleven percent of the funds shall be available to community college districts and allocated by the Chancellor of the California Community Colleges at his or her discretion.
(b)The Superintendent of Public Instruction shall allocate the funds provided in paragraph (1) of subdivision (a) as follows:
(1)Eighty-five percent on the basis of average daily attendance reported as of the second principal apportionment for the prior fiscal year. For purposes of this section, average daily attendance for the state special schools shall be deemed to be 97 percent of the prior year enrollment as reported in the California Longitudinal Pupil Achievement Data System.
(A)For every local educational agency with average daily attendance as reported pursuant to this subdivision of 100 or less, the amount awarded shall be fifteen thousand dollars ($15,000).
(B)For every local educational agency with average daily attendance as reported pursuant to this subdivision in excess of 100, but 1,000 or less, the amount awarded shall be either that local educational agencys proportional award on the basis of average daily attendance or fifty thousand dollars ($50,000), whichever amount is larger.
(C)For every local educational agency with average daily attendance as reported pursuant to this subdivision in excess of 1,000, but less than 2,000, the amount awarded shall be either that local educational agencys proportional award on the basis of average daily attendance or one hundred thousand dollars ($100,000), whichever amount is larger.
(D)For every local educational agency with average daily attendance as reported pursuant to this subdivision of 2,000 or more, the amount awarded shall be the local educational agencys proportional award on the basis of average daily attendance.
(2)Fifteen percent on the basis of students eligible for free and reduced-price meals in the prior year.
(3)For every local educational agency that receives over one million dollars ($1,000,000) pursuant to this subdivision, not less than 50 percent of the funds shall be used for projects larger than two hundred fifty thousand dollars ($250,000) that achieve substantial energy efficiency, clean energy, and jobs benefits.
(c)A local educational agency subject to subparagraph (A) or (B) of paragraph (1) of subdivision (b) may submit a written request to the Superintendent of Public Instruction, by September 1 of each year, to receive in the current year its funding allocation for both the current year and the following year, both of which would be based on the average daily attendance used in the current year for determining funding pursuant to the applicable subparagraph. A local educational agency requesting funding pursuant to this subdivision shall not receive a funding allocation in the year following the request. This election applies to the funding available pursuant to paragraphs (1) and (2) of subdivision (b).
(d)A local educational agency shall encumber funds received pursuant to this section by December 31, 2018. March 31, 2019.
SEC. 12.Section 26240 of the Public Resources Code is amended to read:26240.(a)To later quantify the costs and benefits of funded projects, an entity that receives funds from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2 shall authorize its local electric and gas utilities to provide 12 months of past and ongoing usage and billing records at the school facility site level to the Energy Commission.
(b)As a condition of receiving funds from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2, not sooner than one year but no later than 15 months after an entity completes its first eligible project with a grant, loan, or other assistance from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2, the entity shall submit a report of its project expenditures to the Citizens Oversight Board created pursuant to Chapter 3 (commencing with Section 26210). To the extent practical, this report shall also contain information on any of the following:
(1)The total final gross project cost before deducting any incentives or other grants and the percentage of total project cost derived from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2.
(2)The estimated amount of energy saved, accompanied by specified energy consumption and utility bill cost data for the individual facility where the project is located, in a format to be specified by the Energy Commission.
(3)The nameplate rating of new clean energy generation installed.
(4)The number of trainees.
(5)The number of direct full-time equivalent employees and the average number of months or years of utilization of each of these employees.
(6)The amount of time between awarding of the financial assistance and the completion of the project or training activities.
(7)The entitys energy intensity before and after project completion, as determined from an energy rating or benchmark system, to be determined by the Energy Commission, such as the United States Environmental Protection Agencys Energy Star system or other acceptable benchmarking approach that may be available from local utilities, the American Society for Heating, Refrigerating, and Air-Conditioning Engineers, Inc., or a publicly available building analysis software as is appropriate to the size, budget, and expertise available to the school.
(c)If an LEA completes more than one project, the required information for a second and any subsequent project shall be submitted no later than the first full quarter following project completion.
(d)To minimize the calculation burden on LEAs, the Energy Commission shall develop a method to utilize the data submitted by each recipient LEA in its project reports, such as utility consumption data, building operating characteristics, and other information, to calculate for each project, LEA, or the state as a whole the actual or estimated energy and cost savings. This method shall include a means to combine gas and electric savings into a combined cost of saved energy factor and to report on other economic and investment performance metrics. The Energy Commission shall prepare an annual summary of the expenditures, energy savings, effective cost of saved energy or return on investment, and employment effects of each years completed projects, and shall provide this report to the Citizens Oversight Board.
(e)The California Workforce Investment Board, in consultation with the Energy Commission, shall utilize the 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 or from funds appropriated pursuant to subdivision (c) of Section 26227.2. The California Workforce Investment Board shall prepare a report with this information annually and submit it to the Citizens Oversight Board.
(f)The Citizens Oversight Board shall report the information it receives pursuant to subdivisions (a) to (e), inclusive, to the Legislature as part of its responsibilities pursuant to subdivision (d) of Section 26210. The Citizens Oversight Boards report shall be submitted annually and posted on a publicly accessible Internet Web site.
(g)Funding provided to LEAs pursuant to this chapter is subject to annual audits required by Section 41020 of the Education Code. Funding provided to community college districts pursuant to this chapter is subject to annual audits required by Section 84040 of the Education Code.
(h)(1)The Superintendent of Public Instruction shall require local educational agencies to pay back funds if they are not used in accordance with state statute or regulations, if a project is torn down or remodeled, or if the property is deemed to be surplus and sold prior to the payback of the project.
(2)The Chancellor of the California Community Colleges shall require a community college to pay back funds if they are not used in accordance with state statute or regulations, if a project is torn down or remodeled, or if the property is deemed to be surplus and sold prior to the payback of the project.
(a)Of the moneys provided to the Job Creation Fund for purposes of paragraph (1) of subdivision (a) of Section 26205, the amount unallocated, which is the amount of moneys that are not associated with an approved energy expenditure plan, as determined by the Energy Commission as of January March 1, 2018, shall be appropriated as follows:
(1)The first seventy-five million dollars ($75,000,000) shall be provided to school districts and county offices of education for energy efficiency grants or loans for schoolbus retrofit or clean energy school bus replacement.
(A)Priority shall be given to school districts and county offices of education operating the oldest schoolbuses or schoolbuses operating in disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, as determined by the State Air Resources Board. Board, and to school districts or county offices of education with a majority of students eligible for free or reduced-price meals in the prior year.
(B)Any schoolbuses that have been replaced pursuant to this paragraph shall be scrapped.
(C)A local air district may administer funding provided pursuant to this paragraph, if authorized by the Energy Commission.
(2)The next one hundred million dollars ($100,000,000) shall be deposited into the Education Subaccount, created pursuant to Section 26227, for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance. assistance on a competitive basis. Priority shall be given to local educational agencies based on the percentage of students eligible for free or reduced-price meals in the prior year, energy savings, geographic diversity, and diversity in the size of the local educational agencies student populations. If a local education educational agency has a project eligible for a loan under this paragraph, the maximum loan amount for the project shall be the project cost reduced by both of the following, as applicable:
(A)The amount of any grant awarded for the project pursuant to paragraph (3).
(B)Any state, federal, or local incentives that have been provided for the project.
(3)(A)(i)The remaining moneys, if any, shall be provided to school districts, county offices of education, and charter schools on a competitive basis in accordance with subdivision (b) of Section 26227.2, as implemented by the Energy Commission, in consultation with the State Department of Education, as follows:
(i)(I)Ten percent shall be for applicants with an average daily attendance of not more than 100. 1,000.
(ii)(II)Ten percent shall be for applicants with an average daily attendance of more than 100 1,000 and not more than 1,000. 2,000.
(iii)Ten percent shall be for applicants with an average daily attendance of more than 1,000 and not more than 2,000.(iv)Seventy(III)Eighty percent shall be for applicants with an average daily attendance of more than 2,000.
(ii)The commission may adjust the funding allocations specified in clause (i) and may add additional categories based on average daily attendance to further the purposes of Section 26227.2.
(B)The Energy Commission shall facilitate local educational agency pursuit of funding under this paragraph and from the State Energy Conservation Assistance Account through coordinated information, documentation, and review processes regarding the project.
(C)For purposes of this paragraph, average daily attendance shall be those numbers as reported at the time of the second principal apportionment for the previous fiscal year for pupils in grades 7 to 12, inclusive. in the prior year, as determined by the State Department of Education.
(b)A local education educational agency that receives moneys pursuant to this section shall encumber those moneys within six nine months of allocation.
(c)The Energy Commission may adopt implementing regulations that are consistent with the requirements of Chapter 3 (commencing with Section 26210).
(d)For purposes of this section, a a local education agency educational agency means a school district, county office of education, charter school, or community college district.
SEC. 2.Section 26211 of the Public Resources Code is amended to read:26211.Funding for the board shall be available, upon appropriation by the Legislature, in the annual Budget Act.
SEC. 3.Section 26212 of the Public Resources Code is amended to read:26212.(a)Members of the board shall serve for a term of four years and may be reappointed for up to two additional terms.
(b)A majority of board members shall constitute a quorum.
(c)The boards principal office shall be located in the State Energy Resources Conservation and Development Commissions office in Sacramento.
(d)Each board member shall be entitled to one vote. All votes shall be recorded and reported in the minutes of the board.
(e)The board shall select from among its members a chair and a vice chair, as provided in Section 26214.
(f)Members of the board shall not be compensated for their service, but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.
(g)Requests for reimbursement for actual and necessary expenses shall be submitted to the chair for approval and may be paid in accordance with Section 26217.
SEC. 4.Section 26213 of the Public Resources Code is amended to read:26213.(a)The board shall meet at least four times per year or as often as the chair or the board deems necessary to conduct its business.
(b)The chair shall, with the assistance of staff, prepare the agenda for each board meeting. Meeting agendas shall be prepared in advance of each meeting based on input from board members, staff, and the public.
(c)The board and any committees established by the board shall comply with, and be subject to, the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(d)The board shall comply with, and be subject to, the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
SEC. 5.Section 26214 of the Public Resources Code is amended to read:26214.(a)The first meeting of the board, at which a chair shall be selected, may be held upon appointment of all nine members of the board and shall be called jointly by the Treasurer, the Controller, and the Attorney General.
(b)The board shall elect a chair and vice chair at the first meeting of the board each year and each such individual shall hold office for one year commencing on the following July 1 and ending when his or her successor takes office. If there is a vacancy during the year in the office of the chair or vice chair, a majority of the active members of the board shall elect a replacement chair or vice chair to serve the remainder of the year. If the interim vacancy is in the office of the chair, then the vice chair shall perform the duties of the chair until a successor is elected.
(c)The board shall establish rules of operation for the board that are consistent with the rules and practices applicable to other state boards.
(d)In the absence of the chair during a meeting, the vice chair shall perform all of the functions of the chair.
(e)The chair shall oversee meetings, serve as an ex officio member of all committees, work in partnership with staff to ensure board resolutions are carried out, call special meetings if necessary, appoint all committee chairs and recommend who will serve on committees, prepare agendas for meetings, coordinate the hiring and evaluations of staff and consultants, act as spokesperson for the board, periodically consult with board members on their roles, and ensure that the rules of procedure and decorum contained in this chapter are observed and enforced.
(f)The vice chair shall carry out special assignments as requested by the chair, understand the responsibilities of the chair, and be able to perform the duties of the chair in the chairs absence.
(g)Board staff activities shall not be duplicative of ongoing efforts by other state agencies, including, but not limited to, the State Department of Education and the State Energy Resources Conservation and Development Commission.
SEC. 6.Section 26215 of the Public Resources Code is amended to read:26215.(a)The board may establish committees as it deems necessary and appropriate. The chair may, with board approval, define and limit a committees scope and authority, and establish rules of operation for the committees.
(b)Each committee shall meet and shall make recommendations and reports as deemed necessary or appropriate by the chair or the board.
(c)In the absence of the committee chair, the vice chair shall conduct routine business matters and meetings of the committee.
(d)The status, purpose, and authority of a committee shall be determined by the chair and approved by the board at the time the committee is established by the board. The board may modify a committees status, purpose, or authority at any time.
(e)A committee may act within its delegated authority without further approval of the board. Committees and committee members shall not make or issue policy statements, recommendations, or media releases without prior approval of the board. A committee activity that implies action by the board or is outside the committees delegated authority is prohibited without specific board approval.
SEC. 7.Section 26216 of the Public Resources Code is amended to read:26216.(a)The board shall review and evaluate the progress and status of projects and shall prepare, approve, and distribute annual reports of its activities, findings, and recommendations to the Governor, the Legislature, and the public, to the extent these actions are consistent with subdivision (d) of Section 26210. Each annual report shall concern the activities of the board and its committees during the preceding calendar year and shall be distributed within 90 days of the end of the calendar year to which it pertains.
(b)The process for preparing, approving, and distributing the annual reports shall be as follows:
(1)The chair shall be responsible for preparing a draft annual report that shall be presented at a regularly scheduled meeting of the board.
(2)The draft annual report shall be discussed and considered by the board at the meeting and shall be approved as presented or with amendments or changes following the opportunity for, and receipt of, any public comment.
(3)After the meeting, the annual report shall be put into its final approved form and shall be distributed and published on the boards Internet Web site.
(c)The annual report distributed pursuant to this section shall be submitted to the Legislature in accordance with Section 9795 of the Government Code.
SEC. 8.Section 26217 of the Public Resources Code is amended to read:26217.(a)Expenses of the board shall be accounted for and paid in a manner that is consistent with the State Administrative Manual and any related processes and procedures. The board may delegate to the chair or staff the authority to approve expenses, pay expenses, or both.
(b)Expenditure items exceeding the boards budget, or expenditure items the chair deems worthy of further consideration, shall be brought before the board for consideration at the next meeting.
(c)The chair shall be responsible for tracking the boards budget and regularly reporting to the board if expenditures are within the amounts planned and what steps have been taken or are proposed to be taken to ensure that the board has sufficient funds to accomplish its annual mission.
(d)The chair may testify before a state authority and his or her actual and necessary travel, meal, and lodging expenses shall be reimbursed.
(e)The expenses of the board shall be published in the boards annual report required by Section 26216.
SEC. 9.Section 26227 of the Public Resources Code is amended to read:26227.(a)(1)For the 201314 fiscal year, twenty-eight million dollars ($28,000,000) shall be transferred from the Job Creation Fund to the Education Subaccount, which is hereby created in the State Energy Conservation Assistance Account created pursuant to Section 25416. The moneys in the Education Subaccount are appropriated 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.
(2)For the 201314 fiscal year, funds in the Education Subaccount shall be available for local education educational agencies and community college districts. If a local education educational agency or community college district has an eligible project, the amount of the funding resources gap that is to be considered a reasonable loan value from the Education Subaccount is the project cost less the amount of any grant awarded pursuant to Section 26233 and less any state, federal, or local incentives. A local education educational agency or community college district may need to meet additional credit or other financial qualifying criteria applicable pursuant to the Energy Conservation Assistance Act of 1979 (Chapter 5.2 (commencing with Section 25410) of Division 15). The Energy Commission shall facilitate a local education educational agency or community college districts participation in both the Job Creation Fund and Energy Conservation Assistance Account programs through coordinated information, documentation, and review processes regarding the project and the borrowing entity.
(b)For the 201415 through 202223 fiscal years, inclusive, the amount transferred from the Job Creation Fund to the Energy Conservation Assistance Account shall be determined in the annual budget.
(c)Funds remaining in the Education Subaccount after the 201718 fiscal year shall continue to be available in future years pursuant to Section 26205.5.
SEC. 10.Section 26227.2 is added to the Public Resources Code, to read:26227.2.(a)Commencing with the 201819 fiscal year, the Clean Energy Job Creation Program is hereby established for the purpose of funding projects described in paragraph (1) or (2) of subdivision (a) of Section 26205 that create jobs in California improving energy efficiency and expanding clean energy generation.
(b)All of the following criteria shall apply to the Clean Energy Job Creation Program:
(1)Project selection and oversight shall be managed by, and funds shall be appropriated only to, existing state and local government agencies with established expertise in managing energy projects and programs.
(2)All projects shall be selected based on instate in-state job creation and energy benefits for each project type.
(3)All projects shall be cost effective with the total benefits being greater than the costs of the project over time. Project selection may, in addition to energy benefits, include consideration of nonenergy benefits, such as health and safety.
(4)All projects shall require contracts that identify the project specifications, costs, and projected energy savings.
(5)All projects shall be subject to audit.
(6)Program overhead costs costs, including administrative costs incurred by the Energy Commission, shall not exceed 4 percent of the total funding.
(7)Agencies administering the program shall coordinate with the Energy Commission and the Public Utilities Commission to avoid duplication and to maximize leverage of existing energy efficiency and clean energy efforts.
(8)Eligible expenditures include expenditures associated with technical assistance and with reducing project costs and delays, including the development and implementation of processes that reduce the costs of design, permitting or financing, or other barriers to project completion and job creation.
(c)Commencing with the 201819 fiscal year, funds appropriated in the annual Budget Act or another statute for the Clean Energy Job Creation Program shall be available as follows:
(1)Eleven percent of the funds shall be available to community college districts, to be allocated by the Chancellor of the California Community Colleges at his or her discretion for program purposes.
(2)(A)The remaining moneys shall be allocated to school districts, county offices of education, and charter schools as follows:
(A)(i)Ten percent shall be for applicants with an average daily attendance of not more than 100. 1,000.
(B)(ii)Ten percent shall be for applicants with an average daily attendance of more than 100 1,000 and not more than 1,000. 2,000.
(C)Ten percent shall be for applicants with an average daily attendance of more than 1,000 and not more than 2,000.(D)Seventy(iii)Eighty percent shall be for applicants with an average daily attendance of more than 2,000.
(B)The commission may adjust the funding allocations specified in subparagraph (A) and may add additional categories based on average daily attendance to further the purposes of this section.
(d)A local education educational agency that receives moneys pursuant to this section shall encumber those moneys within six nine months of allocation.
(e)The Energy Commission may adopt implementing regulations that are consistent with the requirements of Chapter 3 (commencing with Section 26210).
(f)For purposes of this section, a local education educational agency means a school district, county office of education, charter school, or community college district.
SEC. 11.Section 26233 of the Public Resources Code is amended to read:26233.(a) Commencing with the 201314 fiscal year and through the 201718 fiscal year, inclusive, the funds deposited annually in the Job Creation Fund and remaining after the transfer pursuant to Section 26227 and the appropriation pursuant to Section 26230 shall be allocated, to the extent consistent with this division, as follows:
(1)Eighty-nine percent of the funds shall be available to local educational agencies and allocated by the Superintendent of Public Instruction pursuant to subdivision (b).
(2)Eleven percent of the funds shall be available to community college districts and allocated by the Chancellor of the California Community Colleges at his or her discretion.
(b)The Superintendent of Public Instruction shall allocate the funds provided in paragraph (1) of subdivision (a) as follows:
(1)Eighty-five percent on the basis of average daily attendance reported as of the second principal apportionment for the prior fiscal year. For purposes of this section, average daily attendance for the state special schools shall be deemed to be 97 percent of the prior year enrollment as reported in the California Longitudinal Pupil Achievement Data System.
(A)For every local educational agency with average daily attendance as reported pursuant to this subdivision of 100 or less, the amount awarded shall be fifteen thousand dollars ($15,000).
(B)For every local educational agency with average daily attendance as reported pursuant to this subdivision in excess of 100, but 1,000 or less, the amount awarded shall be either that local educational agencys proportional award on the basis of average daily attendance or fifty thousand dollars ($50,000), whichever amount is larger.
(C)For every local educational agency with average daily attendance as reported pursuant to this subdivision in excess of 1,000, but less than 2,000, the amount awarded shall be either that local educational agencys proportional award on the basis of average daily attendance or one hundred thousand dollars ($100,000), whichever amount is larger.
(D)For every local educational agency with average daily attendance as reported pursuant to this subdivision of 2,000 or more, the amount awarded shall be the local educational agencys proportional award on the basis of average daily attendance.
(2)Fifteen percent on the basis of students eligible for free and reduced-price meals in the prior year.
(3)For every local educational agency that receives over one million dollars ($1,000,000) pursuant to this subdivision, not less than 50 percent of the funds shall be used for projects larger than two hundred fifty thousand dollars ($250,000) that achieve substantial energy efficiency, clean energy, and jobs benefits.
(c)A local educational agency subject to subparagraph (A) or (B) of paragraph (1) of subdivision (b) may submit a written request to the Superintendent of Public Instruction, by September 1 of each year, to receive in the current year its funding allocation for both the current year and the following year, both of which would be based on the average daily attendance used in the current year for determining funding pursuant to the applicable subparagraph. A local educational agency requesting funding pursuant to this subdivision shall not receive a funding allocation in the year following the request. This election applies to the funding available pursuant to paragraphs (1) and (2) of subdivision (b).
(d)A local educational agency shall encumber funds received pursuant to this section by December 31, 2018.
SEC. 12.Section 26240 of the Public Resources Code is amended to read:26240.(a)To later quantify the costs and benefits of funded projects, an entity that receives funds from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2 shall authorize its local electric and gas utilities to provide 12 months of past and ongoing usage and billing records at the school facility site level to the Energy Commission.
(b)As a condition of receiving funds from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2, not sooner than one year but no later than 15 months after an entity completes its first eligible project with a grant, loan, or other assistance from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2, the entity shall submit a report of its project expenditures to the Citizens Oversight Board created pursuant to Chapter 3 (commencing with Section 26210). To the extent practical, this report shall also contain information on any of the following:
(1)The total final gross project cost before deducting any incentives or other grants and the percentage of total project cost derived from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2.
(2)The estimated amount of energy saved, accompanied by specified energy consumption and utility bill cost data for the individual facility where the project is located, in a format to be specified by the Energy Commission.
(3)The nameplate rating of new clean energy generation installed.
(4)The number of trainees.
(5)The number of direct full-time equivalent employees and the average number of months or years of utilization of each of these employees.
(6)The amount of time between awarding of the financial assistance and the completion of the project or training activities.
(7)The entitys energy intensity before and after project completion, as determined from an energy rating or benchmark system, to be determined by the Energy Commission, such as the United States Environmental Protection Agencys Energy Star system or other acceptable benchmarking approach that may be available from local utilities, the American Society for Heating, Refrigerating, and Air-Conditioning Engineers, Inc., or a publicly available building analysis software as is appropriate to the size, budget, and expertise available to the school.
(c)If an LEA completes more than one project, the required information for a second and any subsequent project shall be submitted no later than the first full quarter following project completion.
(d)To minimize the calculation burden on LEAs, the Energy Commission shall develop a method to utilize the data submitted by each recipient LEA in its project reports, such as utility consumption data, building operating characteristics, and other information, to calculate for each project, LEA, or the state as a whole the actual or estimated energy and cost savings. This method shall include a means to combine gas and electric savings into a combined cost of saved energy factor and to report on other economic and investment performance metrics. The Energy Commission shall prepare an annual summary of the expenditures, energy savings, effective cost of saved energy or return on investment, and employment effects of each years completed projects, and shall provide this report to the Citizens Oversight Board.
(e)The California Workforce Investment Board, in consultation with the Energy Commission, shall utilize the 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 or from funds appropriated pursuant to subdivision (c) of Section 26227.2. The California Workforce Investment Board shall prepare a report with this information annually and submit it to the Citizens Oversight Board.
(f)The Citizens Oversight Board shall report the information it receives pursuant to subdivisions (a) to (e), inclusive, to the Legislature as part of its responsibilities pursuant to subdivision (d) of Section 26210. The Citizens Oversight Boards report shall be submitted annually and posted on a publicly accessible Internet Web site.
(g)Funding provided to LEAs pursuant to this chapter is subject to annual audits required by Section 41020 of the Education Code. Funding provided to community college districts pursuant to this chapter is subject to annual audits required by Section 84040 of the Education Code.
(h)(1)The Superintendent of Public Instruction shall require local education educational agencies to pay back funds if they are not used in accordance with state statute or regulations, if a project is torn down or remodeled, or if the property is deemed to be surplus and sold prior to the payback of the project.
(2)The Chancellor of the California Community Colleges shall require a community college to pay back funds if they are not used in accordance with state statute or regulations, if a project is torn down or remodeled, or if the property is deemed to be surplus and sold prior to the payback of the project.
(a)Of the moneys provided to the Job Creation Fund for purposes of paragraph (1) of subdivision (a) of Section 26205, the amount unallocated, as determined by the Energy Commission as of January 1, 2018, shall be appropriated as follows:
(1)The first seventy-five million dollars ($75,000,000) shall be provided to school districts and county offices of education for energy efficiency school bus retrofit or clean energy school bus replacement.
(A)Priority shall be given to school districts and county offices of education operating the oldest school buses or school buses operating in disadvantaged communities, as determined by the State Air Resources Board.
(B)Any school buses that have been replaced pursuant to this paragraph shall be scrapped.
(C)A local air district may administer funding provided pursuant to this paragraph, if authorized by the Energy Commission.
(2)The next one hundred million dollars ($100,000,000) shall be deposited into the Education Subaccount, created pursuant to Section 26227, for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance. If a local education agency has a project eligible for a loan under this paragraph, the maximum loan amount for the project shall be the project cost reduced by both of the following, as applicable:
(A)The amount of any grant awarded for the project pursuant to paragraph (3).
(B)Any state, federal, or local incentives that have been provided for the project.
(3)(A)The remaining moneys, if any, shall be provided to school districts, county offices of education, and charter schools on a competitive basis in accordance with subdivision (b) of Section 26227.2, as implemented by the Energy Commission, in consultation with the State Department of Education, as follows:
(i)Ten percent shall be for applicants with an average daily attendance of not more than 100.
(ii)Ten percent shall be for applicants with an average daily attendance of more than 100 and not more than 1,000.
(iii)Ten percent shall be for applicants with an average daily attendance of more than 1,000 and not more than 2,000.
(iv)Seventy percent shall be for applicants with an average daily attendance of more than 2,000.
(B)The Energy Commission shall facilitate local educational agency pursuit of funding under this paragraph and from the State Energy Conservation Assistance Account through coordinated information, documentation, and review processes regarding the project.
(C)For purposes of this paragraph, average daily attendance shall be those numbers as reported at the time of the second principal apportionment for the previous fiscal year for pupils in grades 7 to 12, inclusive.
(b)A local education agency that receives moneys pursuant to this section shall encumber those moneys within six months of allocation.
(c)The Energy Commission may adopt implementing regulations that are consistent with the requirements of Chapter 3 (commencing with Section 26210).
(d)For purposes of this section, a local education agency means a school district, county office of education, charter school, or community college district.
SECTION 1.SEC. 2.Section 26211 of the Public Resources Code is amended to read:26211.(a)Funding for the board shall be available, upon appropriation by the Legislature, in the annual Budget Act.
(b)This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.SEC. 2.SEC. 3.Section 26212 of the Public Resources Code is amended to read:26212.(a)Members of the board shall serve for a term of four years and may be reappointed for up to two additional terms.
(b)A majority of board members shall constitute a quorum.
(c)The boards principal office shall be located in the State Energy Resources Conservation and Development Commissions office in Sacramento.
(d)Each board member shall be entitled to one vote. All votes shall be recorded and reported in the minutes of the board.
(e)The board shall select from among its members a chair and a vice chair, as provided in Section 26214.
(f)Members of the board shall not be compensated for their service, but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.
(g)Requests for reimbursement for actual and necessary expenses shall be submitted to the chair for approval and may be paid in accordance with Section 26217.
(h)This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.SEC. 3.SEC. 4.Section 26213 of the Public Resources Code is amended to read:26213.(a)The board shall meet at least four times per year or as often as the chair or the board deems necessary to conduct its business.
(b)The chair shall, with the assistance of staff, prepare the agenda for each board meeting. Meeting agendas shall be prepared in advance of each meeting based on input from board members, staff, and the public.
(c)The board and any committees established by the board shall comply with, and be subject to, the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(d)The board shall comply with, and be subject to, the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(e)This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.SEC. 4.SEC. 5.Section 26214 of the Public Resources Code is amended to read:26214.(a)The first meeting of the board, at which a chair shall be selected, may be held upon appointment of all nine members of the board and shall be called jointly by the Treasurer, the Controller, and the Attorney General.
(b)The board shall elect a chair and vice chair at the first meeting of the board each year and each such individual shall hold office for one year commencing on the following July 1 and ending when his or her successor takes office. If there is a vacancy during the year in the office of the chair or vice chair, a majority of the active members of the board shall elect a replacement chair or vice chair to serve the remainder of the year. If the interim vacancy is in the office of the chair, then the vice chair shall perform the duties of the chair until a successor is elected.
(c)The board shall establish rules of operation for the board that are consistent with the rules and practices applicable to other state boards.
(d)In the absence of the chair during a meeting, the vice chair shall perform all of the functions of the chair.
(e)The chair shall oversee meetings, serve as an ex officio member of all committees, work in partnership with staff to ensure board resolutions are carried out, call special meetings if necessary, appoint all committee chairs and recommend who will serve on committees, prepare agendas for meetings, coordinate the hiring and evaluations of staff and consultants, act as spokesperson for the board, periodically consult with board members on their roles, and ensure that the rules of procedure and decorum contained in this chapter are observed and enforced.
(f)The vice chair shall carry out special assignments as requested by the chair, understand the responsibilities of the chair, and be able to perform the duties of the chair in the chairs absence.
(g)Board staff activities shall not be duplicative of ongoing efforts by other state agencies, including, but not limited to, the State Department of Education and the State Energy Resources Conservation and Development Commission.
(h)This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.SEC. 5.SEC. 6.Section 26215 of the Public Resources Code is amended to read:26215.(a)The board may establish committees as it deems necessary and appropriate. The chair may, with board approval, define and limit a committees scope and authority, and establish rules of operation for the committees.
(b)Each committee shall meet and shall make recommendations and reports as deemed necessary or appropriate by the chair or the board.
(c)In the absence of the committee chair, the vice chair shall conduct routine business matters and meetings of the committee.
(d)The status, purpose, and authority of a committee shall be determined by the chair and approved by the board at the time the committee is established by the board. The board may modify a committees status, purpose, or authority at any time.
(e)A committee may act within its delegated authority without further approval of the board. Committees and committee members shall not make or issue policy statements, recommendations, or media releases without prior approval of the board. A committee activity that implies action by the board or is outside the committees delegated authority is prohibited without specific board approval.
(f)This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.SEC. 6.SEC. 7.Section 26216 of the Public Resources Code is amended to read:26216.(a)The board shall review and evaluate the progress and status of projects and shall prepare, approve, and distribute annual reports of its activities, findings, and recommendations to the Governor, the Legislature, and the public, to the extent these actions are consistent with subdivision (d) of Section 26210. Each annual report shall concern the activities of the board and its committees during the preceding calendar year and shall be distributed within 90 days of the end of the calendar year to which it pertains.
(b)The process for preparing, approving, and distributing the annual reports shall be as follows:
(1)The chair shall be responsible for preparing a draft annual report that shall be presented at a regularly scheduled meeting of the board.
(2)The draft annual report shall be discussed and considered by the board at the meeting and shall be approved as presented or with amendments or changes following the opportunity for, and receipt of, any public comment.
(3)After the meeting, the annual report shall be put into its final approved form and shall be distributed and published on the boards Internet Web site.
(c)The annual report distributed pursuant to this section shall be submitted to the Legislature in accordance with Section 9795 of the Government Code.
(d)This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.SEC. 7.SEC. 8.Section 26217 of the Public Resources Code is amended to read:26217.(a)Expenses of the board shall be accounted for and paid in a manner that is consistent with the State Administrative Manual and any related processes and procedures. The board may delegate to the chair or staff the authority to approve expenses, pay expenses, or both.
(b)Expenditure items exceeding the boards budget, or expenditure items the chair deems worthy of further consideration, shall be brought before the board for consideration at the next meeting.
(c)The chair shall be responsible for tracking the boards budget and regularly reporting to the board if expenditures are within the amounts planned and what steps have been taken or are proposed to be taken to ensure that the board has sufficient funds to accomplish its annual mission.
(d)The chair may testify before a state authority and his or her actual and necessary travel, meal, and lodging expenses shall be reimbursed.
(e)The expenses of the board shall be published in the boards annual report required by Section 26216.
(f)This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.SEC. 8.SEC. 9.Section 26227 of the Public Resources Code is amended to read:26227.(a)(1)For the 201314 fiscal year, twenty-eight million dollars ($28,000,000) shall be transferred from the Job Creation Fund to the Education Subaccount, which is hereby created in the State Energy Conservation Assistance Account created pursuant to Section 25416. The moneys in the Education Subaccount are appropriated 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.
(2)For the 201314 fiscal year, funds in the Education Subaccount shall be available for local education agencies and community college districts. If a local education agency or community college district has an eligible project, the amount of the funding resources gap that is to be considered a reasonable loan value from the Education Subaccount is the project cost less the amount of any grant awarded pursuant to Section 26233 and less any state, federal, or local incentives. A local education agency or community college district may need to meet additional credit or other financial qualifying criteria applicable pursuant to the Energy Conservation Assistance Act of 1979 (Chapter 5.2 (commencing with Section 25410) of Division 15). The Energy Commission shall facilitate a local education agency or community college districts participation in both the Job Creation Fund and Energy Conservation Assistance Account programs through coordinated information, documentation, and review processes regarding the project and the borrowing entity.
(b)For the 201415 through 202223 fiscal years, inclusive, the amount transferred from the Job Creation Fund to the Energy Conservation Assistance Account shall be determined in the annual budget.
(c)Funds remaining in the Education Subaccount after the 202223 201718 fiscal year shall continue to be available in future years for loans to local education agencies and community college districts pursuant to this section. pursuant to Section 26205.5.
SEC. 10.Section 26227.2 is added to the Public Resources Code, to read:26227.2.(a)Commencing with the 201819 fiscal year, the Clean Energy Job Creation Program is hereby established for the purpose of funding projects described in paragraph (1) or (2) of subdivision (a) of Section 26205 that create jobs in California improving energy efficiency and expanding clean energy generation.
(b)All of the following criteria shall apply to the Clean Energy Job Creation Program:
(1)Project selection and oversight shall be managed by, and funds shall be appropriated only to, existing state and local government agencies with established expertise in managing energy projects and programs.
(2)All projects shall be selected based on instate job creation and energy benefits for each project type.
(3)All projects shall be cost effective with the total benefits being greater than the costs of the project over time. Project selection may, in addition to energy benefits, include consideration of nonenergy benefits, such as health and safety.
(4)All projects shall require contracts that identify the project specifications, costs, and projected energy savings.
(5)All projects shall be subject to audit.
(6)Program overhead costs shall not exceed 4 percent of the total funding.
(7)Agencies administering the program shall coordinate with the Energy Commission and the Public Utilities Commission to avoid duplication and to maximize leverage of existing energy efficiency and clean energy efforts.
(8)Eligible expenditures include expenditures associated with technical assistance and with reducing project costs and delays, including the development and implementation of processes that reduce the costs of design, permitting or financing, or other barriers to project completion and job creation.
(c)Commencing with the 201819 fiscal year, funds appropriated in the annual budget act or another statute for the Clean Energy Job Creation Program shall be available as follows:
(1)Eleven percent of the funds shall be available to community college districts, to be allocated by the Chancellor of the California Community Colleges at his or her discretion for program purposes.
(2)The remaining moneys shall be allocated to school districts, county offices of education, and charter schools as follows:
(A)Ten percent shall be for applicants with an average daily attendance of not more than 100.
(B)Ten percent shall be for applicants with an average daily attendance of more than 100 and not more than 1,000.
(C)Ten percent shall be for applicants with an average daily attendance of more than 1,000 and not more than 2,000.
(D)Seventy percent shall be for applicants with an average daily attendance of more than 2,000.
(d)A local education agency that receives moneys pursuant to this section shall encumber those moneys within six months of allocation.
(e)The Energy Commission may adopt implementing regulations that are consistent with the requirements of Chapter 3 (commencing with Section 26210).
(f)For purposes of this section, a local education agency means a school district, county office of education, charter school, or community college district.
SEC. 9.SEC. 11.Section 26233 of the Public Resources Code is amended to read:26233.(a) Commencing with the 201314 fiscal year and through the 202223 201718 fiscal year, inclusive, the funds deposited annually in the Job Creation Fund and remaining after the transfer pursuant to Section 26227 and the appropriation pursuant to Section 26230 shall be allocated, to the extent consistent with this division, as follows:
(1)Eighty-nine percent of the funds shall be available to local educational agencies and allocated by the Superintendent of Public Instruction pursuant to subdivision (b).
(2)Eleven percent of the funds shall be available to community college districts and allocated by the Chancellor of the California Community Colleges at his or her discretion.
(b)The Superintendent of Public Instruction shall allocate the funds provided in paragraph (1) of subdivision (a) as follows:
(1)Eighty-five percent on the basis of average daily attendance reported as of the second principal apportionment for the prior fiscal year. For purposes of this section, average daily attendance for the state special schools shall be deemed to be 97 percent of the prior year enrollment as reported in the California Longitudinal Pupil Achievement Data System.
(A)For every local educational agency with average daily attendance as reported pursuant to this subdivision of 100 or less, the amount awarded shall be fifteen thousand dollars ($15,000).
(B)For every local educational agency with average daily attendance as reported pursuant to this subdivision in excess of 100, but 1,000 or less, the amount awarded shall be either that local educational agencys proportional award on the basis of average daily attendance or fifty thousand dollars ($50,000), whichever amount is larger.
(C)For every local educational agency with average daily attendance as reported pursuant to this subdivision in excess of 1,000, but less than 2,000, the amount awarded shall be either that local educational agencys proportional award on the basis of average daily attendance or one hundred thousand dollars ($100,000), whichever amount is larger.
(D)For every local educational agency with average daily attendance as reported pursuant to this subdivision of 2,000 or more, the amount awarded shall be the local educational agencys proportional award on the basis of average daily attendance.
(2)Fifteen percent on the basis of students eligible for free and reduced-price meals in the prior year.
(3)For every local educational agency that receives over one million dollars ($1,000,000) pursuant to this subdivision, not less than 50 percent of the funds shall be used for projects larger than two hundred fifty thousand dollars ($250,000) that achieve substantial energy efficiency, clean energy, and jobs benefits.
(c)A local educational agency subject to subparagraph (A) or (B) of paragraph (1) of subdivision (b) may submit a written request to the Superintendent of Public Instruction, by September 1 of each year, to receive in the current year its funding allocation for both the current year and the following year, both of which would be based on the average daily attendance used in the current year for determining funding pursuant to the applicable subparagraph. A local educational agency requesting funding pursuant to this subdivision shall not receive a funding allocation in the year following the request. This election applies to the funding available pursuant to paragraphs (1) and (2) of subdivision (b).
(d)A local educational agency shall encumber funds received pursuant to this section by June 30, 2024. December 31, 2018.
SEC. 12.Section 26240 of the Public Resources Code is amended to read:26240.(a)In order to To later quantify the costs and benefits of funded projects, an entity that receives funds from the Job Creation Fund or pursuant to subdivision (c) of Section 26227.2 shall authorize its local electric and gas utilities to provide 12 months of past and ongoing usage and billing records at the school facility site level to the Energy Commission.
(b)As a condition of receiving funds from the Job Creation Fund, Fund or pursuant to subdivision (c) of Section 26227.2, not sooner than one year but no later than 15 months after an entity completes its first eligible project with a grant, loan, or other assistance from the Job Creation Fund, Fund or pursuant to subdivision (c) of Section 26227.2, the entity shall submit a report of its project expenditures to the Citizens Oversight Board created pursuant to Chapter 3 (commencing with Section 26210). To the extent practical, this report shall also contain information on any of the following:
(1)The total final gross project cost before deducting any incentives or other grants and the percentage of total project cost derived from the Job Creation Fund. Fund or pursuant to subdivision (c) of Section 26227.2.
(2)The estimated amount of energy saved, accompanied by specified energy consumption and utility bill cost data for the individual facility where the project is located, in a format to be specified by the Energy Commission.
(3)The nameplate rating of new clean energy generation installed.
(4)The number of trainees.
(5)The number of direct full-time equivalent employees and the average number of months or years of utilization of each of these employees.
(6)The amount of time between awarding of the financial assistance and the completion of the project or training activities.
(7)The entitys energy intensity before and after project completion, as determined from an energy rating or benchmark system, to be determined by the Energy Commission, such as the United States Environmental Protection Agencys Energy Star system or other acceptable benchmarking approach that may be available from local utilities, the American Society for Heating, Refrigerating, and Air-Conditioning Engineers, Inc., or a publicly available building analysis software as is appropriate to the size, budget, and expertise available to the school.
(c)If an LEA completes more than one project, the required information for a second and any subsequent project shall be submitted no later than the first full quarter following project completion.
(d)To minimize the calculation burden on LEAs, the Energy Commission shall develop a method to utilize the data submitted by each recipient LEA in its project reports, such as utility consumption data, building operating characteristics, and other information, to calculate for each project, LEA, or the state as a whole the actual or estimated energy and cost savings. This method shall include a means to combine gas and electric savings into a combined cost of saved energy factor and to report on other economic and investment performance metrics. The Energy Commission shall prepare an annual summary of the expenditures, energy savings, effective cost of saved energy or return on investment, and employment effects of each years completed projects, and shall provide this report to the Citizens Oversight Board.
(e)The California Workforce Investment Board, in consultation with the Energy Commission, shall utilize the 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. activity or from funds appropriated pursuant to subdivision (c) of Section 26227.2. The California Workforce Investment Board shall prepare a report with this information annually and submit it to the Citizens Oversight Board.
(f)The Citizens Oversight Board shall report the information it receives pursuant to subdivisions (a) to (e), inclusive, to the Legislature as part of its responsibilities pursuant to subdivision (d) of Section 26210. The Citizens Oversight Boards report shall be submitted annually and posted on a publicly accessible Internet Web site.
(g)Funding provided to LEAs pursuant to this chapter is subject to annual audits required by Section 41020 of the Education Code. Funding provided to community college districts pursuant to this chapter is subject to annual audits required by Section 84040 of the Education Code.
(h)(1)The Superintendent of Public Instruction shall require local education agencies to pay back funds if they are not used in accordance with state statute or regulations, if a project is torn down or remodeled, or if the property is deemed to be surplus and sold prior to the payback of the project.
(2)The Chancellor of the California Community Colleges shall require a community college to pay back funds if they are not used in accordance with state statute or regulations, if a project is torn down or remodeled, or if the property is deemed to be surplus and sold prior to the payback of the project.
(a)Funding for the board shall be available, upon appropriation by the Legislature, in the annual Budget Act.
(b)This section shall become inoperative on July 1, 2019, 2023, and, as of January 1, 2020, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, 2024 deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 2.Section 26212 of the Public Resources Code is amended to read:26212.(a)Members of the board shall serve for a term of four years and may be reappointed for up to two additional terms.
(b)A majority of board members shall constitute a quorum.
(c)The boards principal office shall be located in the State Energy Resources Conservation and Development Commissions office in Sacramento.
(d)Each board member shall be entitled to one vote. All votes shall be recorded and reported in the minutes of the board.
(e)The board shall select from among its members a chair and a vice chair, as provided in Section 26214.
(f)Members of the board shall not be compensated for their service, but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.
(g)Requests for reimbursement for actual and necessary expenses shall be submitted to the chair for approval and may be paid in accordance with Section 26217.
(h)This section shall become inoperative on July 1, 2019, 2023, and, as of January 1, 2020, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 3.Section 26213 of the Public Resources Code is amended to read:26213.(a)The board shall meet at least four times per year or as often as the chair or the board deems necessary to conduct its business.
(b)The chair shall, with the assistance of staff, prepare the agenda for each board meeting. Meeting agendas shall be prepared in advance of each meeting based on input from board members, staff, and the public.
(c)The board and any committees established by the board shall comply with, and be subject to, the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(d)The board shall comply with, and be subject to, the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(e)This section shall become inoperative on July 1, 2019, 2023, and, as of January 1, 2020, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.Section 26214 of the Public Resources Code is amended to read:26214.(a)The first meeting of the board, at which a chair shall be selected, may be held upon appointment of all nine members of the board and shall be called jointly by the Treasurer, the Controller, and the Attorney General.
(b)The board shall elect a chair and vice chair at the first meeting of the board each year and each such individual shall hold office for one year commencing on the following July 1 and ending when his or her successor takes office. If there is a vacancy during the year in the office of the chair or vice chair, a majority of the active members of the board shall elect a replacement chair or vice chair to serve the remainder of the year. If the interim vacancy is in the office of the chair, then the vice chair shall perform the duties of the chair until a successor is elected.
(c)The board shall establish rules of operation for the board that are consistent with the rules and practices applicable to other state boards.
(d)In the absence of the chair during a meeting, the vice chair shall perform all of the functions of the chair.
(e)The chair shall oversee meetings, serve as an ex officio member of all committees, work in partnership with staff to ensure board resolutions are carried out, call special meetings if necessary, appoint all committee chairs and recommend who will serve on committees, prepare agendas for meetings, coordinate the hiring and evaluations of staff and consultants, act as spokesperson for the board, periodically consult with board members on their roles, and ensure that the rules of procedure and decorum contained in this chapter are observed and enforced.
(f)The vice chair shall carry out special assignments as requested by the chair, understand the responsibilities of the chair, and be able to perform the duties of the chair in the chairs absence.
(g)Board staff activities shall not be duplicative of ongoing efforts by other state agencies, including, but not limited to, the State Department of Education and the State Energy Resources Conservation and Development Commission.
(h)This section shall become inoperative on July 1, 2019, 2023, and, as of January 1, 2020, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 5.Section 26215 of the Public Resources Code is amended to read:26215.(a)The board may establish committees as it deems necessary and appropriate. The chair may, with board approval, define and limit a committees scope and authority, and establish rules of operation for the committees.
(b)Each committee shall meet and shall make recommendations and reports as deemed necessary or appropriate by the chair or the board.
(c)In the absence of the committee chair, the vice chair shall conduct routine business matters and meetings of the committee.
(d)The status, purpose, and authority of a committee shall be determined by the chair and approved by the board at the time the committee is established by the board. The board may modify a committees status, purpose, or authority at any time.
(e)A committee may act within its delegated authority without further approval of the board. Committees and committee members shall not make or issue policy statements, recommendations, or media releases without prior approval of the board. A committee activity that implies action by the board or is outside the committees delegated authority is prohibited without specific board approval.
(f)This section shall become inoperative on July 1, 2019, 2023, and, as of January 1, 2020, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 6.Section 26216 of the Public Resources Code is amended to read:26216.(a)The board shall review and evaluate the progress and status of projects and shall prepare, approve, and distribute annual reports of its activities, findings, and recommendations to the Governor, the Legislature, and the public, to the extent these actions are consistent with subdivision (d) of Section 26210. Each annual report shall concern the activities of the board and its committees during the preceding calendar year and shall be distributed within 90 days of the end of the calendar year to which it pertains.
(b)The process for preparing, approving, and distributing the annual reports shall be as follows:
(1)The chair shall be responsible for preparing a draft annual report that shall be presented at a regularly scheduled meeting of the board.
(2)The draft annual report shall be discussed and considered by the board at the meeting and shall be approved as presented or with amendments or changes following the opportunity for, and receipt of, any public comment.
(3)After the meeting, the annual report shall be put into its final approved form and shall be distributed and published on the boards Internet Web site.
(c)The annual report distributed pursuant to this section shall be submitted to the Legislature in accordance with Section 9795 of the Government Code.
(d)This section shall become inoperative on July 1, 2019, 2023, and, as of January 1, 2020, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 7.Section 26217 of the Public Resources Code is amended to read:26217.(a)Expenses of the board shall be accounted for and paid in a manner that is consistent with the State Administrative Manual and any related processes and procedures. The board may delegate to the chair or staff the authority to approve expenses, pay expenses, or both.
(b)Expenditure items exceeding the boards budget, or expenditure items the chair deems worthy of further consideration, shall be brought before the board for consideration at the next meeting.
(c)The chair shall be responsible for tracking the boards budget and regularly reporting to the board if expenditures are within the amounts planned and what steps have been taken or are proposed to be taken to ensure that the board has sufficient funds to accomplish its annual mission.
(d)The chair may testify before a state authority and his or her actual and necessary travel, meal, and lodging expenses shall be reimbursed.
(e)The expenses of the board shall be published in the boards annual report required by Section 26216.
(f)This section shall become inoperative on July 1, 2019, 2023, and, as of January 1, 2020, 2024 is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2020, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 8.Section 26227 of the Public Resources Code is amended to read:26227.(a)(1)For the 201314 fiscal year, twenty-eight million dollars ($28,000,000) shall be transferred from the Job Creation Fund to the Education Subaccount, which is hereby created in the State Energy Conservation Assistance Account created pursuant to Section 25416. The moneys in the Education Subaccount are appropriated 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.
(2)For the 201314 fiscal year, funds in the Education Subaccount shall be available for local education agencies and community college districts. If a local education agency or community college district has an eligible project, the amount of the funding resources gap that is to be considered a reasonable loan value from the Education Subaccount is the project cost less the amount of any grant awarded pursuant to Section 26233 and less any state, federal, or local incentives. A local education agency or community college district may need to meet additional credit or other financial qualifying criteria applicable pursuant to the Energy Conservation Assistance Act of 1979 (Chapter 5.2 (commencing with Section 25410) of Division 15). The Energy Commission shall facilitate a local education agency or community college districts participation in both the Job Creation Fund and Energy Conservation Assistance Account programs through coordinated information, documentation, and review processes regarding the project and the borrowing entity.
(b)For the 201415 through 201718 202223 fiscal years, inclusive, the amount transferred from the Job Creation Fund to the Energy Conservation Assistance Account shall be determined in the annual budget.
(c)Funds remaining in the Education Subaccount after the 201718 202223 fiscal year shall continue to be available in future years for loans to local education agencies and community college districts pursuant to this section.
SEC. 9.Section 26233 of the Public Resources Code is amended to read:26233.(a) Commencing with the 201314 fiscal year and through the 201718 202223 fiscal year, inclusive, the funds deposited annually in the Job Creation Fund and remaining after the transfer pursuant to Section 26227 and the appropriation pursuant to Section 26230 shall be allocated, to the extent consistent with this division, as follows:
(1)Eighty-nine percent of the funds shall be available to local educational agencies and allocated by the Superintendent of Public Instruction pursuant to subdivision (b).
(2)Eleven percent of the funds shall be available to community college districts and allocated by the Chancellor of the California Community Colleges at his or her discretion.
(b)The Superintendent of Public Instruction shall allocate the funds provided in paragraph (1) of subdivision (a) as follows:
(1)Eighty-five percent on the basis of average daily attendance reported as of the second principal apportionment for the prior fiscal year. For purposes of this section, average daily attendance for the state special schools shall be deemed to be 97 percent of the prior year enrollment as reported in the California Longitudinal Pupil Achievement Data System.
(A)For every local educational agency with average daily attendance as reported pursuant to this subdivision of 100 or less, the amount awarded shall be fifteen thousand dollars ($15,000).
(B)For every local educational agency with average daily attendance as reported pursuant to this subdivision in excess of 100, but 1,000 or less, the amount awarded shall be either that local educational agencys proportional award on the basis of average daily attendance or fifty thousand dollars ($50,000), whichever amount is larger.
(C)For every local educational agency with average daily attendance as reported pursuant to this subdivision in excess of 1,000, but less than 2,000, the amount awarded shall be either that local educational agencys proportional award on the basis of average daily attendance or one hundred thousand dollars ($100,000), whichever amount is larger.
(D)For every local educational agency with average daily attendance as reported pursuant to this subdivision of 2,000 or more, the amount awarded shall be the local educational agencys proportional award on the basis of average daily attendance.
(2)Fifteen percent on the basis of students eligible for free and reduced-price meals in the prior year.
(3)For every local educational agency that receives over one million dollars ($1,000,000) pursuant to this subdivision, not less than 50 percent of the funds shall be used for projects larger than two hundred fifty thousand dollars ($250,000) that achieve substantial energy efficiency, clean energy, and jobs benefits.
(c)A local educational agency subject to subparagraph (A) or (B) of paragraph (1) of subdivision (b) may submit a written request to the Superintendent of Public Instruction, by September 1 of each year, to receive in the current year its funding allocation for both the current year and the following year, both of which would be based on the average daily attendance used in the current year for determining funding pursuant to the applicable subparagraph. A local educational agency requesting funding pursuant to this subdivision shall not receive a funding allocation in the year following the request. This election applies to the funding available pursuant to paragraphs (1) and (2) of subdivision (b).
(d)A local educational agency shall encumber funds received pursuant to this section by June 30, 2018. 2024.
|
Date
|
Status
|
|---|---|
| Aug 30, 2018 | Ordered to inactive file on request of Assembly Member Calderon. |
| Aug 20, 2018 | Read second time. Ordered to third reading. |
| Aug 16, 2018 | From committee: Do pass. (Ayes 17. Noes 0.) (August 16). |
| Jun 27, 2018 | June 27 set for first hearing. Placed on APPR. suspense file. |
| Jun 12, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (June 12). Re-referred to Com. on APPR. |
| Jun 6, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on W.,P., & W. |
| May 10, 2018 | From committee: Be re-referred to Com. on W.,P., & W. (Ayes 9. Noes 0.) (May 10). Re-referred to Com. on W.,P., & W. |
| May 3, 2018 | Re-referred to Com. on RLS. pursuant to Assembly Rule 96. |
| Apr 4, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES. |
| Sep 15, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES. |
| Jun 15, 2017 | Referred to Com. on NAT. RES. |
| Jun 1, 2017 | In Assembly. Read first time. Held at Desk. |
| May 31, 2017 | Read third time. Passed. (Ayes 31. Noes 8. Page 1313.) Ordered to the Assembly. |
| May 26, 2017 | Read second time and amended. Ordered to third reading. |
| May 25, 2017 | From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1186.) (May 25). |
| May 23, 2017 | Set for hearing May 25. |
| May 22, 2017 | May 22 hearing: Placed on APPR. suspense file. |
| May 16, 2017 | Set for hearing May 22. |
| May 15, 2017 | May 15 hearing postponed by committee. |
| May 5, 2017 | Set for hearing May 15. |
| May 3, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| May 2, 2017 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 1. Page 727.) (April 18). |
| Apr 5, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on E., U. & C. |
| Mar 23, 2017 | Set for hearing April 18. |
| Mar 20, 2017 | April 4 set for first hearing canceled at the request of author. |
| Mar 9, 2017 | Set for hearing April 4. |
| Mar 2, 2017 | Referred to Com. on E., U. & C. |
| Feb 17, 2017 | From printer. May be acted upon on or after March 19. |
| Feb 16, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 16, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 12, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
|
| May 10, 2018 | Be re-referred to the Committee on [Water, Parks, and Wildlife] | Assembly Standing Committee on Rules |
Passed |
|
| May 31, 2017 | Senate 3rd Reading SB518 De León et al. | Senate Floor |
Passed |
|
| May 25, 2017 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 22, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2017 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Energy, Utilities and Communications |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Advanced Energy Economy | ** Support | May 27, 2017 |
| Bizfed - Los Angeles County | ** Support | Jun 8, 2018 |
| California Aquaculture Association | ** Support | Jun 8, 2018 |
| California Association For Recreational Fishing | ** Support | Jun 8, 2018 |
| California Association Of Harbor Masters And Port Captains | ** Support | Jun 8, 2018 |
| California Sportfishing League | ** Support | Jun 8, 2018 |
| California Waterfowl Association | ** Support | Jun 8, 2018 |
| California Yacht Brokers Association | ** Support | Jun 8, 2018 |
| Coalition For Adequate School Housing | ** Support | May 27, 2017 |
| congressional sportsmen's foundation | ** Support | Jun 8, 2018 |
| Los Angeles Unified School District | ** Support | May 27, 2017 |
| Marina Recreation Association | ** Support | Jun 8, 2018 |
| Mono County Fish & Wildlife Commission | ** Support | Jun 8, 2018 |
| National Federation Of Independent Business, California | ** Support | Jun 8, 2018 |
| National Marine Manufacturers Association | ** Support | Jun 8, 2018 |
| Rural County Representatives of California | ** Support | Jun 8, 2018 |
| School Energy Coalition | ** Support | May 27, 2017 |
| Service Employees International Union, Local 1000 | ** Support | Jun 8, 2018 |
| small school districts' association | ** Support | May 27, 2017 |
| Sportfishing Association of California | ** Support | Jun 8, 2018 |
| Western Outdoor News | ** Support | Jun 8, 2018 |
SENATE THIRD READING
STR Bill Id:
Author:(Berryhill)
As Amended Ver:
Majority vote
SENATE VOTE: 31-8
Committee | Votes | Ayes | Noes |
Water | 15-0 | Eduardo Garcia, Gallagher, Bigelow, Carrillo, Choi, Chu, Friedman, Gloria, Harper, Kalra, Levine, Mathis, Rubio, Salas, Wood | |
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
|
SUMMARY: Requires the Department of Fish and Wildlife (DFW) to offer a consecutive 12-month sport fishing license (12-month license) for five years, beginning January 1, 2020. Specifically, this bill:
- Requires the 12-month license to be offered to both residents and nonresidents at 130% of the fees for a calendar-year sport fishing license (calendar-year license). Applies all terms and conditions of the calendar-year license to the 12-month license.
- Requires DFW to offer an automatic renewal option for the 12-month license at the reduced rate equal to the calendar-year license fee.
- Requires the Fish and Game Commission (FGC) to adjust the fees for a 12-month license to recover administrative and implementation costs.
- Requires DFW to report to the Legislature by December 1, 2023, on the new licensing implementation.
- Sunsets the 12-month license on January 1, 2025.
EXISTING LAW:
- Requires every person 16 years of age and older who takes any fish, reptile, or amphibian for any purpose other than profit to first purchase and be able to present a sport fishing license to fish. Makes available for purchase an annual sport fishing license valid for the January to December calendar year, a 10-day license for nonresidents only, two-day licenses and 1-day licenses.
- Requires a sport fishing license to be issued to a resident, 16 years of age or older, for a base fee of $31.25, and to a nonresident for a base fee of $84. The base fees were placed in statute in 2004 and are adjusted annually based on inflation. With annual adjustments, the current license fee for a resident adult sport fishing license is $47.01, and for nonresidents is $126.62.
- Requires the FGC to adjust the amount of fees, as necessary, to fully recover but not exceed, all reasonable administrative and implementation costs of the DFW and the FGC, relating to those licenses.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Annual unknown revenue impacts estimated by DFW to be between $530,000 in losses to $1.1 million in gains depending on the amount of license sales and renewals.
According to DFW, some states that have implemented a 12-month license structure have experienced a significant decline in license sales. The decline was attributed to changes in license purchasing behavior. Anglers in these states tended to wait to purchase a fishing license until right before they went fishing. After each license expired, they often waited to renew their license until they fished again. The delay in purchasing results in fewer license purchases. This change in purchasing behavior was most pronounced in states that have relatively high sport fishing license fees. California sport fishing license fees are among the highest in the nation.
The states of Alabama, Texas, Georgia, New York, and Virginia experienced license sales reductions between 7% and 34%, when they changed to a 12-month license. The state of Virginia, which has license fee rates comparable to California, experienced the highest reduction in license sales. The state of Alabama switched back to a calendar-year license after experiencing declining sales and license sales increased 9% for the next three years. The state of Texas experienced a 7% decline in sales while offering both calendar-year and 12-month license options. The decline in Texas happened while offering the 12-month license at 117.5% of the calendar year price.
If fishing licenses issued were to decline it could jeopardize federal grant funds California currently receives. The amount of funding each state receives is based on land area (40%) and the number of individual paid licensed anglers (60%) in the state. No state can receive more than 5% or less than one-third of 1% each year. In 2017, California received the maximum 5% for $16.6 million.
- One-time costs of approximately $200,000 to modify the automated license system to issue and renew 12-month licenses (Fish and Game Preservation Fund). First-year administrative costs of approximately $340,000 (1 Position Year) and ongoing annual costs of $118,000 for data system management (General Fund).
COMMENTS: The DFW manages California's fish, wildlife, and plant resources. It also regulates hunting and sport fishing within the state. Each year the FGC sets license fees and take restrictions, as well as other regulations DFW implements and enforces. California law requires most license and other DFW program fees to be set at a level sufficient to cover administrative costs.
Any person who attempts to take fish, mollusks, crustaceans, invertebrates, amphibians, or reptiles in inland or ocean waters must carry a valid fishing license. In 2018, a resident sport fishing license cost $47.01; a nonresident fishing license cost $126.62. Additional validations and report cards are required for certain species and areas. All fishing licenses, validations, and report cards are valid for the calendar year.
Fishing license sales in California peaked in the early 1980s with approximately 2.5 million licenses being issued in a single year. In 2017 there were approximately 1.8 million licenses issued. However, in that time, annual (year-long) licenses fell from nearly 2.3 million to approximately 1 million.
Adjusting for inflation, DFW revenue from sport fishing has held fairly steady from the 1980s through 2017 at approximately $60-65 million annually. Of all sport fishing revenue, a majority, (approximately $44-48 million annually), comes from the sale of annual licenses. Revenue has held steady despite the decline in participation largely due to license fee increases. Revenue from sport fishing fees primarily feed into the DFW's Fish and Game Preservation Fund (FGPF) which the DFW may spend at their discretion.
The FGPF receives about $80 million annually, of which sport fishing revenues make up the largest portion of the FGPF. The FGPF has a structural deficit of approximately $20 million annually. The 2018 Budget Act provides sufficient resources to fund DFW through 2020-21, however, more permanent solutions will be necessary to address the deficit.
If fishing licenses issued were to decline it could jeopardize federal grant funds California currently receives. The amount of funding each state receives is based on land area (40%) and the number of individual paid licensed anglers (60%) in the state. No state can receive more than five percent or less than one-third of one percent each year. In 2017, California received the maximum five percent for $16.6 million.
Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2096 FN: 0004128
Date of Hearing: June 27, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 518
Author:(Berryhill) – As Amended Ver:June 6, 2018
Policy Committee: | Water, Parks and Wildlife | Vote: | 15-0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Fish and Wildlife (DFW) to offer a consecutive 12-month sport fishing license (12-month license) for five years, beginning January 1, 2020. Specifically, this bill:
- Requires the 12-month license to be offered to both residents and nonresidents at 130% of the fees for a calendar-year sport fishing license (calendar-year license). Applies all terms and conditions of the calendar-year license to the 12-month license.
- Requires DFW to offer an automatic renewal option for the 12-month license at the reduced rate equal to the calendar-year license fee.
- Requires the Fish and Game Commission (FGC) to adjust the fees for a 12-month license to recover administrative and implementation costs.
- Requires DFW to report to the Legislature by December 1, 2023, on the new licensing implementation.
- Sunsets the 12-month license on January 1, 2025.
FISCAL EFFECT:
- Annual unknown revenue impacts estimated by DFW to be between $530,000 in losses to $1.1 million in gains depending on the amount of license sales and renewals.
According to DFW, some states that have implemented a 12-month license structure have experienced a significant decline in license sales. The decline was attributed to changes in license purchasing behavior. Anglers in these states tended to wait to purchase a fishing license until right before they went fishing. After each license expired, they often waited to renew their license until they fished again. The delay in purchasing results in fewer license purchases. This change in purchasing behavior was most pronounced in states that have relatively high sport fishing license fees. California sport fishing license fees are among the highest in the nation.
The states of Alabama, Texas, Georgia, New York, and Virginia experienced license sales reductions between 7% and 34%, when they changed to a 12-month license. The state of Virginia, which has license fee rates comparable to California, experienced the highest reduction in license sales. The state of Alabama switched back to a calendar-year license after experiencing declining sales and license sales increased 9% for the next three years. The state of Texas experienced a 7% decline in sales while offering both calendar-year and 12-month license options. The decline in Texas happened while offering the 12-month license at 117.5% of the calendar year price.
If fishing licenses issued were to decline it could jeopardize federal grant funds California currently receives. The amount of funding each state receives is based on land area (40%) and the number of individual paid licensed anglers (60%) in the state. No state can receive more than 5% or less than one-third of 1% each year. In 2017, California received the maximum 5% for $16.6 million.
- One-time costs of approximately $200,000 to modify the automated license system to issue and renew 12-month licenses (Fish and Game Preservation Fund). First-year administrative costs of approximately $340,000 (1 PY) and ongoing annual costs of $118,000 for data system management (GF).
COMMENTS:
- Purpose. According to the author, “This bill seeks to increase fishing participation rates and license sales by creating a license that is valid for a full 12-months from the date of purchase. 12-month licenses are available to anglers in 11 states, and Mexico.”
- Background. DFW manages California's fish, wildlife, and plant resources. It also regulates hunting and sport fishing within the state. Each year the FGC sets license fees and take restrictions, as well as other regulations DFW implements and enforces. California law requires most license and other DFW program fees to be set at a level sufficient to cover administrative costs.
Any person who attempts to take fish, mollusks, crustaceans, invertebrates, amphibians, or reptiles in inland or ocean waters must carry a valid fishing license. In 2018, a resident sport fishing license cost $47.01; a nonresident fishing license cost $126.62. Additional validations and report cards are required for certain species and areas. All fishing licenses, validations, and report cards are valid for the calendar year.
- Related Legislation. AB 986 (Gallagher) requires DFW to offer a 12-consecutive-month sport fishing license for 130% of the fee of a calendar-year sport fishing license beginning January 1, 2020, until January 1, 2023,but does not contain automatic renewal provisions. Additionally, this bill provides discounts for veterans. The bill is currently in the Senate Veterans Affairs Committee.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: June 12, 2018
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Eduardo Garcia, Chair
SBPCA Bill Id:SB 518
Author:(Berryhill) – As Amended Ver:June 6, 2018
SENATE VOTE: 31-8
SUBJECT: Sport fishing licenses: 12 consecutive month licenses
SUMMARY: Beginning January 1, 2020, until January 1, 2025, requires the Department of Fish and Wildlife (DFW) to offer a 12 consecutive month sport fishing license. Specifically, this bill:
- Requires that the 12 consecutive month sport fishing license be offered to both residents and nonresidents at 130 percent of their respective fees for a calendar-year sport fishing license. Applies all terms and conditions of a calendar-year sport fishing license to a 12 consecutive month sport fishing license.
- Would reduce the cost of the 12 consecutive month sport fishing license to the fee charged for the calendar-year sport fishing license in the second and subsequent years if an applicant signs up for automatic renewal of the license.
- Requires the Fish and Game Commission (FGC) to adjust the fees for a 12 consecutive month sport fishing license to recover administrative and implementation costs.
- Specifies reporting by the DFW to the Legislature on the implementation of the consecutive month sport fishing license.
EXISTING LAW:
- Requires every person 16 years of age and older who takes any fish, reptile, or amphibian for any purpose other than profit to first purchase and be able to present a sport fishing license to fish. Makes available for purchase an annual sport fishing license valid for the January to December calendar year, a 10-day license for nonresidents only, 2-day licenses and 1-day licenses.
- Requires a sport fishing license to be issued to a resident, 16 years of age or older, for a base fee of $31.25, and to a nonresident for a base fee of $84. The base fees were placed in statute in 2004 and are adjusted annually based on inflation. With annual adjustments, the current license fee for a resident adult sport fishing license is $47.01, and for nonresidents is $126.62.
- Requires the FGC to adjust the amount of fees, as necessary, to fully recover but not exceed, all reasonable administrative and implementation costs of the DFW and the FGC, relating to those licenses.
FISCAL EFFECT: Unknown.
COMMENTS: Requires the DFW to offer a 12 consecutive month sport fishing license for five years.
Author’s Statement:
As fishing license sales continue to decline, the state stands to lose funding for conservation, fish stocking and wildlife programs, and millions of dollars in federal grants allocated based on the number of licenses sold. In addition, sport fishing’s $4.6 billion economic contribution to outdoor tourism and jobs is threatened. This bill seeks to increase fishing participation rates and license sales by creating a license that is valid for a full 12-months from the date of purchase. 12-month licenses are available to anglers in 11 states, and Mexico.
Background: Status of Sport Fishing and Impact on the DFW Budget. Fishing license sales in California peaked in the early 1980s with approximately 2.5 million licenses being issued in a single year. In 2017 there were approximately 1.8 million licenses issued. However, in that time, annual (year-long) licenses fell from nearly 2.3 million to approximately 1 million.
Adjusting for inflation, DFW revenue from sport fishing has held fairly steady from the 1980s through 2017 at approximately $60-65 million annually. Of all sport fishing revenue, a majority, (approximately $44-48 million annually), comes from the sale of annual licenses. Revenue has held steady despite the decline in participation largely due to license fee increases. Revenue from sport fishing fees primarily feed into the DFW’s Fish and Game Preservation Fund (FGPF) which the DFW may spend at their discretion.
The FGPF receives about $80 million annually, of which sport fishing revenues make up the largest portion of the FGPF. The FGPF has a structural deficit of approximately $20 million annually. There is a proposed fix in the 2018-19 budget that hinges on funds from tire recycling fees, vehicle registration and driver’s license fees, and the General Fund. The likelihood of the 2018-19 budget proposal or some other approach moving forward is not known at this time.
12 Consecutive Month License Experience. There have been 15 other states that have moved from a calendar year sport fishing license to a 12 consecutive month license in some fashion. These states include Alabama, Arizona, Arkansas, Florida, Georgia, Kansas, Maryland, Mississippi, Nevada, New York, North Carolina, South Carolina, Texas, Utah, and Virginia. Currently, 36 states, including California, are on a calendar year system. Many of those 36 states have looked at the 12 consecutive month option and have determined to remain on the calendar year system.
In attempting to determine the fiscal impact of this bill, the DFW surveyed the states that had implemented a 12 month consecutive fishing license structure and found that many experienced a significant decline in license sales. The decline was attributed to changes in license purchasing behavior. Anglers in these states tended to wait to purchase a fishing license until right before they went fishing. After each license expired, they often waited to renew their license until they fished again. The delay in purchasing results in fewer license purchases. This change in purchasing behavior was most pronounced in states that have relatively high sport fishing license fees. California sport fishing license fees are among the highest in the nation.
The states of Alabama, Texas, Georgia, New York, and Virginia experienced license sales reductions between 7 and 34 percent, when they changed to a 12 consecutive month license. The state of Virginia, which has license fees comparable to California, experienced the highest reduction in license sales. The state of Alabama switched back to a calendar year license after experiencing declining sales and license sales increased 9 percent for the next three years. The state of Texas experienced a 7 percent decline in sales while offering both calendar year and 12 consecutive month license options. The decline in Texas happened while offering the 12 consecutive month license at 117.5 percent of the calendar year option.
Federal Funding and Sport Fishing License Issued. If fishing licenses issued were to decline it could jeopardize federal grant funds California currently receives. The amount of funding each state receives is based on land area (40 percent) and the number of individual paid licensed anglers (60 percent) in the state. No state can receive more than five percent or less than one-third of one percent each year. In 2017, California received the maximum five percent for $16.6 million.
Implementation Hurdles. There are several complexities to offering a 12 consecutive month sport fishing license option. Those include:
- Updating the DFW’s Automated License Data System (ALDS) which is used to issue licenses. The system was not constructed to be capable of issuing 12 consecutive month sport fishing licenses or address particular cases where additional licenses are necessary to fish for certain species or in certain places.
- It is not known what the fiscal impact of the automatic renewal option will be. The FGC has the authority to adjust the 12 consecutive month sport fishing license fee to cover administrative and implementation costs, but not other revenue loss that may occur as a result of the license change.
- Educating license sales staff and license customers. Updating license sales manuals, printed regulation booklets and web page information.
Prior and Related Legislation:
AB 986 (Gallagher), 2017, would require the DFW to offer a 12 consecutive month sport fishing license for 130 percent of the fee of a calendar year sport fishing license beginning January 1, 2020, until January 1, 2023. The bill is currently in Senate Natural Resources and Water Committee.
SB 187 (Berryhill), 2017, would have changed the calendar year sport fishing license to a 12 consecutive month sport fishing license. SB 187 was held on suspense in the Assembly Appropriations Committee.
SB 345 (Berryhill), 2015, would have created a junior sport fishing license for those 16 and 17 years of age. SB 345 was held in the Assembly Appropriations Committee.
SB 583 (Berryhill), 2013, would have required a five year pilot program, for a sport fishing license to be issued for 12 consecutive months. SB 583 was held on suspense in the Senate Appropriations Committee.
AB 1786 (Mansoor), 2011, would have required sport fishing licenses to be issued for 12 consecutive months. The bill was substantially amended to a different subject after passing the Senate Natural Resources Committee.
Supporting Arguments: Proponents are concerned with an unprecedented decline in California’s fishing participation rates. The 12 consecutive month fishing license aims to increase fishing participation rates, license sales, and state revenue by making an annual fishing license valid for 12 consecutive months from the date of purchase. This bill seeks to reform California’s antiquated fishing license system. Increasing the value of California’s annual fishing license should slow declining participation rates, and increase sales and revenue.
REGISTERED SUPPORT / OPPOSITION:
Support
Bizfed - Los Angeles County
California Aquaculture Association
California Association for Recreational Fishing
California Association of Harbor Masters and Port Captains
California Sportfishing League (Sponsor)
California Waterfowl Association
California Yacht Brokers Association
Congressional Sportsmen's Foundation
Marina Recreation Association
Mono County Fish & Wildlife Commission
National Federation of Independent Business, California
National Marine Manufacturers Association
Rural County Representatives of California
Service Employees International Union, Local 1000
Sportfishing Association of California
Western Outdoor News
Opposition
None on file
Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2096
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 518
Amended: 5/26/17
SENATE ENERGY, U. & C. COMMITTEE: 10-1, 4/18/17
AYES: Hueso, Bradford, Cannella, Hertzberg, Hill, McGuire, Skinner, Stern, Vidak, Wiener
NOES: Morrell
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/25/17
AYES: Lara, Beall, Bradford, Hill, Wiener
NOES: Nielsen
NO VOTE RECORDED: Bates
DIGEST:
This bill establishes the Clean Energy Job Creation Program with the purpose of funding, subject to annual budget appropriation, energy efficiency and clean energy projects in public schools and community colleges and subjects these projects to requirements similar to those imposed on projects under the Proposition 39 – California Clean Energy Jobs Act. This bill appropriates monies unallocated by March 1, 2018, from Proposition 39 towards energy efficiency at schools and community colleges and retrofits and replacements of polluting school buses. This bill also extends the operation of the Citizens Oversight Board (COB) indefinitely.
Existing law:
1) Establishes the Clean Energy Job Creation Fund in the State Treasury funded over five years beginning fiscal year 2013-14 through 2017-18 with up to $550 million transferred from the General Fund. Requires that monies in the fund are available for appropriation for the purpose of funding projects that create jobs in California improving energy efficiency and expanding clean energy generation, including:
- Schools and public facilities, including: public schools, universities and colleges, and other public buildings and facilities.
- Job training and workforce development: funding to the California Conservation Corps, Certified Community Conservation Corps, YouthBuild, and other existing workforce development programs.
c) Public-private partnerships assistance to local governments in establishing and implementing Property Assessed Clean Energy Programs or similar financial and technical assistance for cost-effective retrofits that include repayment requirements. (Public Resources Code §26205)
2) Requires specified criteria must apply to all expenditures from the Job Creation Fund related to energy savings and cost-effectiveness. (Public Resources Code §26206)
3) Establishes the implementation requirements for the energy efficiency and clean energy projects funded from Proposition 39 – the California Clean Energy Jobs Act and deposited in the Clean Energy Job Creation Fund. Requires, beginning with 2013-14 fiscal year and through the 2017-18 fiscal year, funds in the Job Creation Fund are allocated:
- 89 percent to local educational agencies (LEAs), which are public school districts, charter schools, and county offices of education, and allocated by the Superintendent of Public Instruction based on the average daily attendance (ADA) with minimum amounts for smaller LEAs; and
- 11 percent to community college districts allocated by the Chancellor of the California Community Colleges.
- Authorized varied funding, on an annual appropriation basis, for loan and technical assistance, California Conservation Corps, and a competitive grant program for workforce development organizations. (Public Resources Code §26233)
4) Requires the California Energy Commission (CEC) to establish guidelines for estimating energy benefits, methodologies for cost-effectiveness determinations, expected number of jobs created, and other requirements for approving LEAs energy expenditure plan. (Public Resources Code §§26233 and 26235)
5) Establishes the COB, composed of nine members: three members appointed by the State Treasurer, three members appointed by the State Controller, and three members by the Attorney General. Requires the COB to annually review all expenditures from the Job Creation Fund. (Public Resources Code §26210 et seq)
This bill:
- Allocates monies from the remaining unallocated funds, as of March 1, 2018, from the Clean Energy Job Creation Fund, as follows:
- $75 million for school bus retrofit and replacements.
- $100 million deposited in the State Energy Conservation Assistance Account (ECAA) – Education Subaccount for low-interest and no-interest loans for energy retrofits and clean energy installs.
- Remaining monies for a new program to fund LEAs for energy retrofit and clean energy projects, provided into specified categories based on the LEAs ADA.
- Repeals the sunset on the allocation of monies and requirements for the COB of the Clean Energy Job Creation Fund.
- Extends the sunset of ECAA for an additional five years and reallocates any funds remaining in the account to the provisions above.
- Establishes, commencing with the 2018-19 fiscal year, the Clean Energy Job Creation Program, for the purpose of funding energy efficiency and clean energy projects for LEAs and community colleges, consistent with the existing requirements of the Clean Energy Jobs Creation Fund, but subject to annual appropriation and awarded on a competitive basis to LEAs.
Background
Proposition 39 – the Clean Energy Jobs Act. On November 6, 2012, California voters approved Proposition 39 which changed the corporate income tax code to require most multistate businesses to determine their California taxable income using a single sales factor method. The increase in the state’s corporate tax revenue attributed to Proposition 39, estimated at the time of the Act’s passage by the Legislative Analyst’s Office at $1 billion annually, is allocated half to the General Fund and up to $550 million annually to the Clean Energy Job Creation Fund for five fiscal years, from 2013-14 through 2017-18. Per the proposition, the Clean Energy Job Creation Fund is available for appropriation by the Legislature to support projects that create jobs in California improving energy efficiency and clean energy projects.
Funding to Date. To date, the changes to the corporate income tax code from passage of Proposition 39 has resulted in $3.27 billion dollars in new revenue to the state, with half, $1.635 billion, appropriated to the Clean Energy Jobs Creation Fund. The following is a table noting the allocations that have been made to date, not including the proposed budget for fiscal year 2017-18:
Appropriation of Proposition 39 (Clean Energy Job Creation Fund) Funding (Source: CEC ) | ||||
Program Administrator | Fiscal Year 2013/14 | Fiscal Year 2014/15 | Fiscal Year 2015/16 | Fiscal Year 2016/17 |
California Energy Commission / California Department of Education (CDE) K-12 Program (Amounts received by LEAs vary based on a formula of average daily attendance and the number of students eligible to receive free and reduced-price meals in the school year). CDE disperses funding. CEC implements the program and approves funding requests. | $381 M | $279 M | $313 M | $399 M |
California Community College Chancellor’s Office Community College District Program For energy efficiency and clean energy generation projects. | $47 M | $39 M | $39 M | $49 M |
California Energy Commission Energy Conservation Assistance Act – Education Subaccount (No interest revolving loan program for K-12 schools and community colleges districts) Bright Schools Program (Energy audits and technical assistance for K-12 schools) | $25 M | $25 M | $0 | $0 |
$3 M | $3 M | $0 | $0 | |
California Workforce Development Board Develop and implement a competitive grant program for eligible workforce training organizations to prepare disadvantaged youth, veterans, and others for employment in clean energy fields. | $3 M | $3 M | $3 | $3 |
California Conservation Corps Provide energy project planning services | $5 M | $5 M | $5 M | $6 M |
TOTALS | $464 M | $354 M | $360 M | $457 M |
Energy Savings. For both K-12 LEAs and community college districts, the majority of the projects funded via the Clean Energy Jobs Creation Act have been invested in lighting, HVAC (heating, ventilation and air conditioning) and controls projects. Furthermore, according to the Workforce Development Board’s calculations, as noted in the COB most recent annual report, the Clean Energy Jobs Act has created over 10,000 direct, indirect, and induced jobs as a result of over 1,000 projects. Additionally, the investment from the Clean Energy Job Creation Fund has yielded significant energy savings at schools and community colleges, noted in the tables below.
K-12 Estimated Annual Energy Savings and Jobs from Approved Energy Expenditure Plans (EEPs) (as of June 30, 2016) Source: CEC Tracking Progress August 2016 | |
Electricity Savings (kWh) | 251,525,783 |
Natural Gas Savings (therms) | 1,607,127 |
Propane Savings | 78,023 |
Fuel Oil Savings (gallons) | 67,046 |
Job-years (a job-year represents one job for one year) | 3,230 |
Community College Annual Energy Savings Source: Senate Budget Subcommittee No. 1, March 9, 2017 agenda | |
Energy Costs Savings | $14.9 million |
Electricity Savings (kWh) | 78.3 million |
Natural Gas Savings (therms) | 1.5 million |
Remaining Funds. California has a total of 2,136 LEAs, including 947 public school districts, 1,128 charter schools, 58 county offices of education, and three special schools which provide comprehensive educational programs for blind, visually impaired, or hearing impaired students. As of March 2017, of the total appropriated to K-12 LEAs, roughly $480 million is still unspent. In several instances, LEAs may still in the process of submitting their Energy Expenditure Plans. However, there is a sizeable portion of LEAs who may have other challenges that have resulted in no participation in the program. This is particularly true among a good portion of charter schools who continue to have a lower participation rate than the K-12 public school districts.
Polluting School Buses. This bill proposes to invest $75 million from any unallocated remaining funds for polluting school buses. California has a history of tackling pollution from diesel school buses in an effort to reduce children’s exposure to vehicle-related pollutants, particularly nitrogen oxides and particulate matter, during commutes to and from school by school buses. These pollutants have been known to reduce lung development which can have permanent adverse respiratory health effects later in life, contribute to smog-pollution and cause cancer. The California Air Resources Board (ARB) has provided both incentives and regulations to reduce the emissions from school buses, including: requiring particulate matter exhaust filters (PM filter) or reduced mileage, restricting school bus idling, requiring routine smoke tests, as well as, a history of providing incentive funding to retrofit and replace these buses, including implementing the Lower Emission School Bus Program. According to ARB, to date, “Over $500 million has been used to clean up 10,000 school buses.” Below is a table from ARB’s presentation noting much of the funding and programs for retrofitting and replacing school buses. However, ARB has noted that this funding is not enough to tackle the highest priority of polluting school buses. (See Policy Committee Analysis for more information)
ARB and Air Districts Continue to Invest in School Bus Clean-up (Source: ARB Presentation, December 8, 2016) | ||
Funding Source | Amount | Projects Funded |
Lower Emission School Bus Program since 2001. Includes $200 million from Proposition 1B 2008-2014 | $310 Million | 7,456 retrofits 1,642 replacement |
Federal Diesel Emissions Reduction Act (DERA) since 2008 | $12.6 Million | 549 retrofits 78 replacements |
Supplemental Environment Project (SEP) since 2011 | $218,000 of $4.5 million to date | 6 retrofits, 2 replacements, replace 340 recalled filters |
Local Programs – AB 923 ($2 DMV Fee) 2008-2006 | $160 Million | Retrofits, replacements, CNG tanks and infrastructure |
Zero-emission Bus Pilot Commercial Deployment Project 2017 Low Carbon Transportation Investment | $7.5 Million | Funds 29 zero-emission battery electric school buses in 3 school districts |
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, this bill will redirect millions of dollars in unallocated funding to newly-created and existing programs to fund clean energy and job training programs, as well as the clean buses program. This bill will also result in administration costs for the CEC and ARB, as outlined below.
CEC lacks funding to maintain the 22 Proposition 39 positions. The CEC estimates that this bill will cost approximately $3.042 million to maintain the staff necessary to continue to administer the Prop. 39 K-12 Program, the ECAA-Ed, and the Bright Schools Program.
The CEC’s primary funding source, the Energy Resources Programs Account (ERPA), currently funds the 22 positions. However, this account cannot sustain additional staff to continue these two programs beyond the current dates in legislation. A new funding source is needed.
The CEC indicates that it is unclear whether the provision capping program costs at four percent of total funding intends to allocate up to four percent of total funding to the CEC to cover its administrative. Given that the CEC’s work is funded through ERPA, not the Fund, it’s unclear why this provision is included.
The ARB will incur costs to administer the school bus program. The ARB indicates the need for one position (approximately $118,000 annually) to administer the school bus funding. This position will analyze agreements and disbursement requests to ensure compliance with the terms of the grant agreements. This position will also determine which LEAs have priority for funding under the bill (i.e., those operating the oldest school buses or school buses operating in disadvantaged communities identified by CalEnviroScreen).
Advanced Energy Economy
Coalition for Adequate School Housing
Los Angeles Unified School District
School Energy Coalition
Small School Districts’ Association
OPPOSITION: (Verified 5/25/17)
None received
ARGUMENTS IN SUPPORT: According to the author, “SB 518 ensures the Clean Energy Jobs Act continues to benefit our public schools and community colleges as well as our environment for years to come.”
5/27/17 17:33:05
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 518 (De León) - Clean Energy Job Creation Program and citizen oversight board
Version: May 3, 2017 | Policy Vote: E., U., & C. 10 - 1 |
Urgency: No | Mandate: No |
Hearing Date: May 22, 2017 | Consultant: Narisha Bonakdar |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 518 establishes the Clean Energy Job Creation Program (program) to fund, through annual budget appropriations, energy efficiency and clean energy projects in public schools and community colleges (K-14). The bill also appropriates unallocated Proposition 39 (Prop. 39) monies to improve energy efficiency in K-14 schools, and extends the Citizens Oversight Board (COB) indefinitely.
Fiscal Impact:
This bill will result in state costs as indicated below (See staff comments):
Up to $3.1 million (Energy Resource Program Account) for the California Energy Commission (CEC) to maintain staff necessary to administer the Prop. 39 K-12 Program, the Energy Conservation Assistance Act–Education subaccount (ECAA–Ed), and the Bright Schools Program.
Approximately $118,000 (Clean Energy Job Creation Fund) for the Air Resources Board (ARB) to perform administrative functions.
Background:
The Clean Energy Jobs Act. In 2012, California voters approved Prop. 39 to enact the Clean Energy Jobs Act (Act). The Act required most multistate businesses to determine their California taxable income using a single sales factor method (which allocates corporate profits and losses based on taxable presence). For Fiscal Years (FY) 2013-14 through 2017-18, half of the resulting increase in state tax revenue ($1 billion annually per the Legislative Analyst’s Office), was to be allocated to the General Fund. Up to $550 million of the remaining funds were to be deposited into the Fund and, upon appropriation by the Legislature, used for projects that create jobs and improve energy efficiency. Eligible projects include energy retrofits in schools, job training for the energy efficiency and clean energy sectors, and financial or technical assistance to local governments.
K-14 Funding. SB 73 (Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2013) directs the bulk of the Fund to K-14 entities, and established requirements for the CEC, the California Department of Education, and the Chancellor’s Office of the California Community Colleges (Chancellor’s Office).
Eighty-nine percent of funds were allocated to all K-12 Local Education Agencies (LEAs) based on average daily attendance (ADA) and proportion of students eligible for the free and reduced-price meals program (reduced-priced meals program). Small LEAs received minimum allotments higher than their proportion of ADA, with additional funding based on number of students eligible for the reduced-meal program.
The Chancellor’s Office received the remaining 11 percent of funds for energy efficiency and clean energy projects in community college districts (districts). Pursuant to guidelines developed by the CEC and the Chancellor’s Office, funds were distributed to each district on a per-student basis. The Chancellor’s Office also invested $22 million on workforce development programs related to energy efficiency.
The statute also provided one-time or annually appropriated funds for various workforce development activities. These included funding for the California Conservation Corps to provide technical assistance to LEAs, and for the Workforce Development Board to provide grants for energy-related workforce training for disadvantaged youth and veterans. In addition, the Legislature and Governor dedicated $56 million for low- and no-interest loans and technical assistance for K-14, most of which has been exhausted.
To date, Prop. 39 has generated $3.27 billion dollars in tax revenue ($1.635 billion for the Fund). The Governor’s proposed 2017-18 budget estimates an additional $968 million in Prop. 39 revenue, and allocates $423 million for K-12 LEAs and $52 million for community colleges.
Polluting School Buses. The ARB has instituted several regulations and incentive programs to reduce children’s exposure to vehicle-related pollutants from buses. ARB indicates that more than $500 million has been spent to clean up 10,000 school buses; however, notes that funding is insufficient to tackle the highest priority of polluting school buses.
Proposed Law:
This bill:
- Establishes, commencing with the 2018-19 fiscal year, the program, to fund energy efficiency and clean energy projects for LEAs and community colleges, consistent with the existing requirements of the Clean Energy Jobs Creation Fund, but subject to an annual appropriation and awarded on a competitive basis.
- Redirects unallocated monies in the Fund, as of January 1, 2018, as follows:
- $75 million for school bus retrofit and replacements.
- $100 million deposited in the ECAA–Ed for low-interest and no-interest loans for energy retrofits and clean energy installs.
- Remaining monies for a new program to fund LEAs for energy retrofit and clean energy projects, provided into specified categories based on the LEA’s ADA.
- Extends the sunset of the ECAA–Ed for an additional five years and reallocates any funds remaining in the account as indicated above.
- Specifies that priority be given to LEAs based on the percentage of students eligible for the reduced-price meals program in the prior year, energy savings, geographic diversity, and diversity in the size of the LEA’s student populations.
- Requires LEAs to encumber funds received within nine months of allocation.
- Authorizes the CEC to adopt regulations to implement the bill.
- Repeals the sunset on the allocation of monies and requirements for the COB.
Related Legislation:
SB 73 (Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2013) implemented Prop. 39. The bill outlined a process for awarding funding to K-12 schools and community colleges, and established the EECA – Ed Account to provide funding and zero interest loans to schools.
AB 2227 (Quirk, Chapter 683, Statutes of 2014) established terms and operations for the COB.
Staff Comments:
Fiscal impact. This bill will redirect millions of dollars in unallocated funding to newly-created and existing programs to fund clean energy and job training programs, as well as the clean buses program. This bill will also result in administration costs for the CEC and ARB, as outlined below.
CEC lacks funding to maintain the 22 Prop. 39 positions. The CEC estimates that this bill will cost approximately $3.042 million to maintain the staff necessary to continue to administer the Prop. 39 K-12 Program, the ECAA-Ed, and the Bright Schools Program.
The CEC’s primary funding source, the Energy Resources Programs Account (ERPA), currently funds the twenty-two positions. However, this account cannot sustain additional staff to continue these two programs beyond the current dates in legislation. A new funding source is needed.
The CEC indicates that it is unclear whether the provision capping program costs at 4 percent of total funding intends to allocate up to 4 percent of total funding to the CEC to cover its administrative. Given that the CEC’s work is funded through ERPA, not the Fund, its unclear why this provision is included.
The ARB will incur costs to administer the school bus program. The ARB indicates the need for one position (approximately $118,000 annually) to administer the school bus funding. This position will analyze agreements and disbursement requests to ensure compliance with the terms of the grant agreements. This position will also determine which LEAs have priority for funding under the bill (i.e., those operating the oldest school buses or school buses operating in disadvantaged communities identified by CalEnviroScreen).
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SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS
Senator Ben Hueso, Chair
2017 - 2018 Regular
Bill No: Hearing Date: 4/18/2017
Author: | |||
Version: | As Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
SUBJECT:
DIGEST: This bill would establish the Clean Energy Job Creation Program with the purpose of funding, through annual budget appropriation, energy efficiency and clean energy projects in public schools and community colleges and would subject these projects to requirements similar to those imposed on projects under the Proposition 39 – California Clean Energy Jobs Act. This bill would appropriate otherwise unallocated monies from Proposition 39 for purposes of improving energy efficiency at schools and community colleges and retrofitting and replacing polluting school buses. This bill also extends the operation of the Citizens Oversight Board (COB) indefinitely.
ANALYSIS:
Existing law:
1) Establishes the Clean Energy Job Creation Fund in the State Treasury funded over five years beginning fiscal year 2013-14 through 2017-18 with up to $550 million dollars transferred from the General Fund. Requires that monies in the fund are available for appropriation for the purpose of funding projects that create jobs in California improving energy efficiency and expanding clean energy generation, including:
- Schools and public facilities:
- Public schools: Energy efficiency retrofits, clean energy installations, along with related improvements and repairs that contribute to reduce operating costs and improved health and safety conditions, on public schools.
- Universities and colleges: energy efficiency retrofits, clean energy installations, and other energy system improvements to reduce costs and achieve energy and environmental benefits.
- Other public buildings and facilities: Financial and technical assistance including revolving loan fund, reduced interest loans, or other financial assistance for cost-effective energy efficiency retrofits and clean energy installations on public facilities.
b) Job training and workforce development: Funding to the California Conservation Corps, Certified Community Conservation Corps, YouthBuild, and other existing workforce development programs to train and employ disadvantaged youth, veterans, and others on energy efficiency and clean energy projects.
c) Public-private partnerships: Assistance to local governments in establishing and implementing Property Assessed Clean Energy Programs or similar financial and technical assistance for cost-effective retrofits that include repayment requirements. Requires that funding is prioritized to maximize job creation, energy savings, and geographical and economic equity. Where feasible, requires repayment revenues are used to create revolving loan funds or similar ongoing financial assistance programs to continue job creation benefits.
(Public Resources Code §26205)
2) Requires specified criteria must apply to all expenditures from the Job Creation Fund:
- Project selection and oversight must be managed by existing state and local government agencies with expertise in managing energy projects and programs.
- All projects must be selected based on in-state job creation and energy benefits for each project type.
- All projects must be cost-effective: total benefits must be greater than energy benefit, such as health and safety, in addition to energy benefits.
- All projects must require contracts that identify the project specifications, costs, and projected energy savings.
- All projects shall be subject to audit.
- Program overhead costs must not exceed four percent of total funding.
- Funds shall be appropriated only to agencies with established expertise in managing energy projects and programs.
- All programs must be coordinated with the California Energy Commission (CEC) and the California Public Utilities Commission (CPUC) to avoid duplication and maximize leverage of existing energy efficiency and clean energy efforts.
- Eligible expenditures include costs associated with technical assistance, and with reducing project costs and delays, such as development and implementation of processes that reduce the costs of design, permitting or financing, or other barriers to protect completion and job creation.
(Public Resources Code §26206)
3) Establishes the implementation requirements for the energy efficiency and clean energy projects funded from Proposition 39 – the Clean Energy Jobs Act and deposited in the Job Creation Fund. Requires, beginning with 2013-14 fiscal year and through the 2017-18 fiscal year, funds in the Job Creation Fund are allocated:
- 89 percent to local educational agencies (LEAs), which are public school districts, charter schools, and county offices of education, and allocated by the Superintendent of Public Instruction based on the average daily attendance with minimum amounts for smaller LEAs; and
- 11 percent to community college districts allocated by the Chancellor of the California Community Colleges.
- Authorized varied funding, on an annual appropriation basis, for loan and technical assistance, California Conservation Corps, and a competitive grant program for workforce development organizations.
(Public Resources Code §26233)
4) Requires the CEC to establish guidelines for estimating energy benefits, methodologies for cost-effectiveness determinations, expected number of jobs created, and other requirements for approving LEAs energy expenditure plan. Prohibits the Superintendent for Public Instruction from distributing funds to an LEA unless the LEA has submitted to the CEC, and the CEC has approved, an expenditure plan that outlines the energy projects to be funded. Requires an LEA with school facilities that are not publicly owned to repay to the state all monies received from the Job Creation Fund if the school voluntarily vacates the facility within five years of project completion.
(Public Resources Code §§26233 and 26235)
5) Requires an entity that receives funds from the Job Creation Fund to authorize its local electric and gas utilities to provide 12 months of past and ongoing usage and billing records at the school facility site level to the CEC. Requires an entity receiving funds from the Job Creation Fund to submit a report, with specified information, to the COB no later than 15 months after the first project is completed and every first quarter after project completion for subsequent projects. Requires the COB to annually report the information it receives to the Legislature. (Public Resources Code §26240)
6) Establishes the Energy Conservation and Assistance Act (ECAA) which authorizes the CEC to provide loans and grants to local governments and public institutions to maximize energy use savings. (Public Resources Code §25410 et seq)
7) Creates the ECAA Education Subaccount for the purpose of low-interest and no-interest loans and loan loss reserves for eligible projects and technical assistance with monies transferred from the Job Creation Fund. (Public Resources Code §26227)
8) Establishes the COB, composed of nine members: three members appointed by the Treasurer, three members appointed by the Controller, and three members by the Attorney General. Requires each appointing authority to appoint one member who meets each of the specified criteria: (a) an engineer, (b) an accountant/economist, and (c) technical energy efficiency/clean energy, or energy systems and programs. Requires the CPUC and CEC to each designate an ex-officio member to serve on the COB. Requires the COB to annually review all expenditures from the Job Creation Fund. (Public Resources Code 26210 et seq)
This bill:
- Allocates monies from the remaining unallocated funds, as of January 1, 2018, from the Clean Energy Job Creation Fund for:
- $75 million for school bus retrofit and replacements.
- $100 million deposited in the ECAA – Education Subaccount for low-interest and no-interest loans for energy retrofits and clean energy installs.
- Remaining monies for a new program to fund LEAs for energy retrofit and clean energy projects, provided into specified categories based on the LEAs average daily attendance (ADA).
- Repeals the sunset on the allocation of monies and requirements for the COB of the Clean Energy Job Creation Fund.
- Extends the sunset of the State Energy Conservation Assistance Account (ECAA) for an additional five years and reallocates any funds remaining in the account to the provisions above.
- Establishes, commencing with the 2018-19 fiscal year, the Clean Energy Job Creation Program, for the purpose of funding energy efficiency and clean energy projects for LEAs and community colleges, consistent with the existing requirements of the Clean Energy Jobs Creation Fund, but subject to annual appropriation and awarded on a competitive basis to LEAs.
Background
Proposition 39 – the Clean Energy Jobs Act. On November 6, 2012, California voters approved Proposition 39 which changed the corporate income tax code to require most multistate business to determine their California taxable income using a single sales factor method. The increase in the state’s corporate tax revenue attributed to Proposition 39, estimated at the time of the Act’s passage by the Legislative Analyst’s Office at $1 billion annually, is allocated half to the General Fund and up to $550 million annually to the Clean Energy Job Creation Fund for five fiscal years, from 2013-14 through 2017-18. Per the proposition, the Clean Energy Job Creation Fund is available for appropriation by the Legislature to support projects that create jobs in California improving energy efficiency and clean energy projects.
The Clean Energy Jobs Act specifies eligible projects, as follows:
- Energy efficiency retrofits and clean energy projects in public schools, colleges, and universities and other public facilities.
- Job training and workforce development programs related to energy efficiency and clean energy.
- Financial and technical assistance to local governments for cost effective energy efficiency retrofit loan programs.
Legislature and Governor Direct Prop. 39 Funds to K-14 Schools. The passage of SB 73 (Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2013) directs the bulk of the funding in the Job Creation Fund to K-14 education entities. The statute also established administrative agency requirements for the CEC and the California Department of Education (CDE) for K-12 schools and Chancellor’s Office of the California Community Colleges for community colleges. The statute directs 89 percent of the funds in each fiscal year, beginning 2013-14 through 2017-18, to all K-12 LEAs which are public school districts, county offices of education, charter schools, and state special schools. The funding is allocated proportionately based on each LEAs average daily attendance and proportion of students eligible for free and reduced-price meal program. Small LEAs are provided minimum allotments at levels higher than their proportion of ADA, with additional funding based on number of students eligible for free and reduced-meal program, specifically:
- $15,000 for LEAs with ADA of 100 students or less.
- $50,000 for LEAs with ADA of more than 100 to 1,000 students.
- $100,000 for LEAs with ADA of more than 1,000 but less than 2,000 students.
The statute requires the CEC to develop guidelines, via a public process, that includes several provisions related to calculating energy savings, job creation, cost-effectiveness and others. In order to receive an energy efficiency project grant, LEAs must submit an energy expenditure plan (EEP) to the CEC outlining the energy projects to be funded. The CEC reviews each EEP to ensure it meets the criteria set forth in the guidelines. The CDE distributes funding to LEAs once the CEC has approved the EEP. Per the statute, during the initial years of the program, LEAs were also able to request a portion of their funding for planning in preparation of submitting the EEP.
The statute also provides the California Community College Chancellor’s Office to make available its portion of the funding from the Clean Energy Jobs Creation Fund to community college districts for energy efficiency and clean energy projects. In conjunction with the CEC, the Chancellor’s Office developed guidelines for community college districts, with funding distributed on a per-student basis for each community college district. Many community college districts had existing partnerships with investor-owned utilities for energy efficiency projects dating back to 2006. Thus, most community college districts did not need to use Proposition 39 funding for planning. Additionally, the Chancellor’s Office invested $22 million of its funding on workforce development programs related to energy efficiency.
The statute also provided one-time or annually appropriated funds from the Clean Energy Jobs Creation Fund, including funding for the California Conservation Corps to provide technical assistance to LEAs, to the Workforce Development Board to provide grants to programs providing energy efficiency and clean energy workforce training to disadvantaged youth and veterans. In addition, the Legislature and Governor dedicated $28 million a year in the two initial years of the program ($56 million) for the low- and no-interest loans and technical assistance for K-14 LEAs for eligible energy efficiency and clean energy projects and technical assistance. Most of which has been exhausted.
Funding to Date. To date, the changes to the corporate income tax code from passage of Proposition 39 has resulted in $3.27 billion dollars in new revenue to the state, with half, $1.635 billion, appropriated to the Clean Energy Jobs Creation Fund. The Governor’s proposed 2017-18 budget estimates $968 million in Proposition 39 revenue to the state, based on projections by the Franchise Tax Board. Of this amount, one-half ($484 million) is dedicated primarily to schools and community colleges. Specifically, the budget proposes $423 million for K-12 LEAs and $52 million for community colleges for energy efficiency projects.
The following is a table noting the allocations that have been made to date, not including the proposed budget for fiscal year 2017-18:
Appropriation of Proposition 39 (Clean Energy Job Creation Fund) Funding (Source: CEC ) | ||||
Program Administrator | Fiscal Year 2013/14 (millions) | Fiscal Year 2014/15 (millions) | Fiscal Year 2015/16 (millions) | Fiscal Year 2016/17 |
California Energy Commission / California Department of Education (CDE) K-12 Program (Amounts received by LEAs vary based on a formula of average daily attendance and the number of students eligible to receive free and reduced-price meals in the school year). CDE disperses funding. CEC implements the program and approves funding requests. | $381 | $279 | $313 | $399 |
California Community College Chancellor’s Office Community College District Program For energy efficiency and clean energy generation projects. | $47 | $39 | $39 | $49 |
California Energy Commission Energy Conservation Assistance Act – Education Subaccount (No interest revolving loan program for K-12 schools and community colleges districts) Bright Schools Program (Energy audits and technical assistance for K-12 schools) | $25 | $25 | $0 | $0 |
$3 | $3 | $0 | $0 | |
California Workforce Development Board Develop and implement a competitive grant program for eligible workforce training organizations to prepare disadvantaged youth, veterans, and others for employment in clean energy fields. | $3 | $3 | $3 | $3 |
California Conservation Corps Provide energy project planning services | $5 | $5 | $5 | $6 |
TOTALS | $464 | $354 | $360 | $457 |
Energy Savings. For both K-12 LEAs and community college districts, the majority of the projects funded via the Clean Energy Jobs Creation Act have been invested in lighting, HVAC (heating, ventilation and air conditioning) and controls projects. Furthermore, according to the Workforce Development Board’s calculations, as noted in the COB most recent annual report, the Clean Energy Jobs Act has created over 10,000 direct, indirect, and induced jobs as a result of over 1,000 projects. Additionally, the investment from the Clean Energy Job Creation Fund has yielded significant energy savings at schools and community colleges, noted in the tables below.
K-12 Estimated Annual Energy Savings and Jobs from Approved Energy Expenditure Plans (EEPs) (as of June 30, 2016) Source: CEC Tracking Progress August 2016 | |
Electricity Savings (kWh) | 251,525,783 |
Natural Gas Savings (therms) | 1,607,127 |
Propane Savings | 78,023 |
Fuel Oil Savings (gallons) | 67,046 |
Job-years (a job-year represents one job for one year) | 3,230 |
Community College Annual Energy Savings Source: Senate Budget Subcommittee No. 1, March 9, 2017 agenda | |
Energy Costs Savings | $14.9 million |
Electricity Savings (kWh) | 78.3 million |
Natural Gas Savings (therms) | 1.5 million |
Remaining Unallocated Funds. California houses a total of 2,136 LEAs, including 947 public school districts, 1,128 charter schools, 58 county offices of education, and three special schools which provide comprehensive educational programs for blind, visually impaired, or hearing impaired students. As of March 2017, of the total appropriated to K-12 LEAs, roughly $480 million is still unspent. In several instances, LEAs may still in the process of submitting their EEP. However, there is a sizeable portion of LEAs who may have other challenges that have resulted in no participation in the program. This is particularly true among a good portion of charter schools who continue to have a lower participation rate than the K-12 public school districts. This may be due to a number of factors including the fact that many charter schools rent their facilities; some charter schools are in operation for only a short time; and the lack of technical knowledge within some of these smaller schools on energy-related issues. This bill proposes to redirect any remaining funds as of January 1, 2018 from the Clean Energy Jobs Creation Fund in the following manner: $75 million for school bus retrofits and replacements; $100 million for zero to low-interest loans in the ECCA-Education Subaccount and the remaining funds appropriated to a new, but vastly similar, school energy retrofit program, except on a competitive basis. While its clear there will likely be remaining funds in this program due to the issues raised for charter schools and other school districts, the timing of shifting those funds should provide LEAs sufficient time to submit their final EEPs for 2017-18 budget year. Providing an additional few months will ensure all LEAs who intend to use their funds have had the opportunity to submit their EEPs. Therefore, the author and committee may wish to amend this bill to move the date by when funds are considered “remaining unallocated funds” from January 1, 2018 to March 1, 2018 and to define the terms to mean when an EEP has not been approved or the Chancellor’s Office has not approved projects.
Polluting School Buses. This bill proposes to invest $75 million from any unallocated remaining funds for polluting school buses. California has a history of tackling pollution from diesel school buses in an effort to reduce children’s exposure to vehicle-related pollutants, particularly nitrogen oxides and particulate matter, during commutes to and from school by school buses. These pollutants have been known to reduce lung development which can have permanent adverse respiratory health effects later in life, contribute to smog-pollution and cause cancer. The California Air Resources Board (ARB), in particular, has instituted mitigation efforts to reduce this exposure, largely driven by concerns for the health exposure effects. ARB’s efforts have provided both incentives and regulations, including: requiring particulate matter exhaust filters (PM filter) or reduced mileage, restricting school bus idling, requiring routine smoke tests, as well as, a history of providing incentive funding to retrofit and replace these buses, including implementing the Lower Emission School Bus Program. According to ARB, to date, “Over $500 million has been used to clean up 10,000 school buses.” Below is a table from ARB’s presentation noting much of the funding and programs for retrofitting and replacing school buses.
ARB and Air Districts Continue to Invest in School Bus Clean-up (Source: ARB Presentation, December 8, 2016) | ||
Funding Source | Amount | Projects Funded |
Lower Emission School Bus Program since 2001. Includes $200 million from Proposition 1B 2008-2014 | $310 Million | 7,456 retrofits 1,642 replacement |
Federal Diesel Emissions Reduction Act (DERA) since 2008 | $12.6 Million | 549 retrofits 78 replacements |
Supplemental Environment Project (SEP) since 2011 | $218,000 of $4.5 million to date | 6 retrofits, 2 replacements, replace 340 recalled filters |
Local Programs – AB 923 ($2 DMV Fee) 2008-2006 | $160 Million | Retrofits, replacements, CNG tanks and infrastructure |
Zero-emission Bus Pilot Commercial Deployment Project 2017 Low Carbon Transportation Investment | $7.5 Million | Funds 29 zero-emission battery electric school buses in 3 school districts |
However, ARB has noted that this funding is not enough to tackle the highest priority of polluting school buses. ARB board members and staff discussed the need for ongoing, sustainable funding to help clean up the school bus fleet in the state – pegged at 25,400 buses, the majority which runs on diesel fuel. While ARB’s inventory of the school bus fleet is still being developed, the agency notes that roughly five percent of the fleet runs on diesel, is driven over 14,000 miles a year and has no PM filter. As such, this highest priority school buses would need roughly $72 million to be retrofitted and replaced (the assumption is that half would need to be replaced) – roughly 590 school buses. The cost of eight retrofits equals one replacement. Whereas the cost of a PM filter runs $20,000, a new school bus is roughly $165,000 and much more for a battery electric zero-emission bus. However, in some cases a bus can not be retrofitted and must be replaced. Additionally, there is a growing urgency regarding looming compliance deadlines late-summer and fall of this year under the Statewide Diesel Truck and Bus Rule that makes funding for this population of school buses even more urgent. Other potential funding includes possible use of $60 million of Carl Moyer funds (at the discretion of local air districts) and $6.5 million at the discretion of ARB, roughly $200 million in local air district funding (AB 2766, AB 923, etc.) which collects fees on DMV registrations for air quality improvement programs (however, not all air districts generate these fees), and the recently announced $381 million from the Volkswagen Settlement for nitrogen oxide mitigation which explicitly includes school bus retrofit and replacements among the eligible uses of the funds. Recognizing that roughly 20 percent of the school bus fleet (according to ARB) is owned by private companies who contract their services to school buses, should the legislature approve the use of Prop. 39 funds for school buses, the author and committee may wish to amend this bill to authorize the use of grants and loans to retrofit and replace school buses, where it makes sense. In order to account for resources need by an LEA, consistent with the existing requirements of the Clean Energy Jobs Creation Fund, the author and committee may wish to include criteria for prioritizing school bus projects based on the percentage of students eligible for free-and reduced meal program.
Future Program. This bill proposes to establish a new program, similar the current Clean Energy Jobs Creation Fund for K-14 school energy efficiency retrofits and clean energy installations. However, the new program would be funded via an annual appropriation, subject to the annual state budget, and administered on a competitive basis. Considering the energy savings for schools, it worthy to propose continuing the program. This bill proposes to use the same ADA funding pots as the current program. However, these pots were constructed in a scenario where all LEAs received funding. A competitive program, as proposed by this bill, merits adjustments to the funding pots to ensure they are constructed proportionate to the student population being served. The author and committee may wish to amend this bill to provide funding pots that are more closely proportionate to the share of student population being served (measured as ADA) and provide the CEC some discretion to make further adjustments, as necessary, to ensure opportunities for improved facilities for all students.
Additional technical amendments needed. The author and committee may wish to amend this bill to account for some technical changes related to the dates noted in this bill, language regarding allocations and appropriations to ensure consistency with existing school funding processes and current Clean Energy Jobs Creation Fund, and others.
Prior/Related Legislation
SB 73 (Committee on Budget and Fiscal Review, Chapter 29, Statutes of 2013) implemented Proposition 39, including process for allocating and awarding funding to K-12 schools and community colleges and establishment of ECAA-Ed Account for zero interest loans for schools, and funding.
AB 2227 (Quirk, Chapter 683, Statutes of 2014) established terms and operations of the COB, including requiring four-year terms, the appointment and responsibilities of a chair and vice chair, and require the COB to meet at least four times per year, and require the COB to prepare an annual report.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
SUPPORT:
Advanced Energy Economy
Coalition for Adequate School Housing
Los Angeles Unified School District
School Energy Coalition
Small School Districts’ Association
OPPOSITION:
None received
ARGUMENTS IN SUPPORT: According to the author, “SB 518 ensures the Clean Energy Jobs Act continues to benefit our public schools and community colleges as well as our environment for years to come.”
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Discussed in Hearing
1H
Assembly Standing Committee on Appropriations
4MIN
Senate Floor
48MIN
Senate Standing Committee on Appropriations
24SEC
Senate Standing Committee on Appropriations
28MIN
Senate Standing Committee on Energy, Utilities and Communications
Bill Co-Author(s):
