Senate Bill 73: Implementation of Proposition 39 Funding for Energy Efficiency Projects and Clean Energy Jobs

On June 27, 2013 the Governor signed into law Senate Bill 73 (“SB 73”), implementing Proposition 39, the California Clean Energy Jobs Act, approved by the voters on November 5, 2012 to provide funds to improve energy efficiency and create clean energy jobs. SB 73 provides that for five fiscal years, commencing with the 2013-2014 Fiscal Year, up to $550,000,000 annually will be transferred from the General Fund to the Clean Energy Job Creation Fund. Of that amount, for the upcoming 2013-2014 Fiscal Year, $28,000,000 will be transferred from the Clean Energy Job Creation Fund to the Education Subaccount for low-interest and no-interest revolving loans for eligible projects and technical assistance made available to local educational agencies or “LEAs” (school districts, county offices of education, charter schools, or state special schools) and community college districts. Funds will also be available to develop and implement a competitive grant program for eligible community-based and training workforce organizations serving disadvantaged youth and veterans. The balance of the Clean Energy Job Creation funds will be allocated 89% to LEAs and 11% to community college districts. For LEAs, allocation of such funds will be based on average daily attendance and students eligible for free and reduced-price meals for the prior year. Further guidelines will be developed and promulgated in consultation with the Department of Education and the Chancellor of the California Community Colleges, including how LEAs will submit energy project expenditure plans to the California Energy Commission for approval and how the California Department of Education will disburse funds. Please note that the deadline for LEAs with 1,000 or less ADA to receive the current and subsequent year Proposition 39 funding entitlements has passed.

The full text of SB 73 can be found here.

More detailed information on the California Clean Energy Jobs Act (Proposition 39) can be found here and here.

The Coalition on Adequate School Housing ("CASH") has also provided information regarding Proposition 39 Implementation Program -- Funding Allocation for Energy Products.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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