BILL NUMBER: SB 363AMENDED BILL TEXT AMENDED IN ASSEMBLY JULY 13, 2009 AMENDED IN SENATE JUNE 1, 2009 AMENDED IN SENATE MAY 5, 2009 AMENDED IN SENATE APRIL 15, 2009 AMENDED IN SENATE APRIL 1, 2009 INTRODUCED BY Senator Hancock ( Coauthor: Senator Pavley ) ( Coauthor: Assembly Member Krekorian ) FEBRUARY 25, 2009 An act to amend Section 25416 of add Section 25416.5 to the Public Resources Code, relating to energy. LEGISLATIVE COUNSEL'S DIGEST SB 363, as amended, Hancock. Energy conservation: schools. The Energy Conservation Assistance Act of 1979 establishes, until January 1, 2011, the State Energy Conservation Assistance Account, a continuously appropriated account, that is administered by the State Energy Resources Conservation and Development Commission to provide grants and loans to local government and public institutions, including, among others, schools, to maximize energy use savings. This bill would establish require the Controller, upon the request of the commission, to establish the Solar School Subaccount in the State Energy Conservation Assistance Account and would be available for the deposit of funds, including specified federal funds. The bill would require that the moneys in the subaccount, upon appropriation by the Legislature, be used for the purposes of providing loans to schools for energy efficiency projects and for the installation of solar energy systems. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25416.5 is added to the Public Resources Code , to read: 25416.5. (a) Upon the request of the commission, the Controller shall establish the Solar School Subaccount in the State Energy Conservation Assistance Account. The subaccount established shall be available for the deposit of funds, including, but not limited to, the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). (b) Moneys in the subaccount shall, upon appropriation by the Legislature, be used by the commission for loans to schools at an interest rate established pursuant to subdivision (c) for energy efficiency projects and for the installation of solar energy systems pursuant to this chapter. (c) (1) Except as provided in paragraph (2), the interest rate for loans allocated from the subaccount shall be the same as that provided in Section 25415. (2) The interest rate for loans allocated from moneys in the subaccount that are derived from the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall be 40 percent of the interest rate provided in Section 25415. SECTION 1. Section 25416 of the Public Resources Code is amended to read: 25416. (a) The State Energy Conservation Assistance Account is hereby created in the General Fund. Notwithstanding Section 13340 of the Government Code, the account is continuously appropriated to the commission without regard to fiscal year. (b) The money in the account shall consist of all money authorized or required to be deposited in the account by the Legislature and all money received by the commission pursuant to Sections 25414 and 25415. (c) The money in the account shall be disbursed by the Controller for the purposes of this chapter as authorized by the commission. (d) The commission may contract and provide grants for services to be performed for eligible institutions. Services may include, but are not limited to, feasibility analysis, project design, field assistance, and operation and training. The amount expended for those services may not exceed 10 percent of the balance of the account as determined by the commission on July 1 of each year. (e) The commission may make grants for innovative projects and programs. The amount expended for grants may not exceed 5 percent of the annual appropriation from the account. (f) The commission may charge a fee for the services provided under subdivision (d). (g) Notwithstanding any other provision of law, the Controller may use the State Energy Conservation Assistance Account for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. (h) The Solar School Subaccount is hereby established in the State Energy Conservation Assistance Account. The subaccount shall be available for the deposit of funds, including, but not limited to, the American Reinvestment and Recovery Act of 2009 (Public Law 111-5). Funds in the subaccount, upon appropriation by the Legislature, shall be used for loans at an interest rate no higher than 1.5 percent to schools to utilize for the installation of solar energy systems pursuant to this chapter.