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California Clean Energy Jobs Act (Proposition 39)

The California Clean Energy Jobs Act allocates revenue to local education agencies to support energy efficiency and alternative energy projects, along with related improvements and repairs that contribute to reduced operating costs and improved health and safety conditions in public schools.

The California Energy Commission is working with a number of key stakeholders to implement the California Clean Energy Jobs Act (Proposition 39):

The California Clean Energy Jobs Act makes changes to corporate income taxes and, except as specified, provides $550 million annually from the General Fund to the Clean Energy Job Creation Fund or the Job Creation Fund, for five fiscal years beginning with the 2013-14 fiscal year. The recently signed Senate Bill 73 External link opens in new window or tab. specifies the details of how the funds will be allocated to California's K-12 schools and community colleges, and includes a number of requirements to ensure Proposition 39 funds deliver the expected energy efficiency and cost savings. The Energy Commission was designated through legislation to lead a process with its counterpart State agencies to develop guidelines. The public will have opportunities to offer public and written comments at future workshops.

If you are interested in learning more about the Proposition 39 funding opportunities or to participate in the public process, please sign up for the Proposition 39 listserv on the Energy Commission's main listserv sign-up page External link opens in new window or tab. . More information on the process will be posted as soon as it is available.

Approved Substantive Changes to Guidelines for the California Clean Energy Jobs Act (Proposition 39)

On June 18, 2014 the California Energy Commission held a business meeting to consider adoption of substantive changes to the Guidelines for the California Clean Energy Jobs Act (Proposition 39). The changes to the Guidelines clarify the eligibility requirements applicable to local educational agencies that occupy leased publicly-owned facilities, leased privately-owned facilities, and their own private facilities.

Proposed Substantive Changes Language to the Proposition 39 Guidelines External link opens in new window or tab. (PDF)

Summary of Substantive Changes External link opens in new window or tab. (PDF)

2014-15 Guide for Annual Audits of K-12 Local Educational Agencies and State Compliance Reporting

The Education Audit Appeals Panel (EAAP) recently completed work on the emergency regulations for the 2014-15 Guide for Annual Audits of K-12 Local Educational Agencies and State Compliance Reporting. The proposed final regulations may be found on EAAP's Website External link opens in new window or tab. (PDF). These guidelines will be effective July 1, 2014. These regulations include new and expanded audit procedures for the K-3 grade span adjustment, verifying unduplicated student counts used for the Local Control Funding Formula apportionment, Local Control and Accountability Plan expenditures, Common Core State Standards implementation funds, and Proposition 39 California Clean Energy expenditures.

California Energy Commission Energy Expenditure Plans

The California Energy Commission (Commission) is now accepting Energy Expenditure Plans. The Commission has made available the Expenditure Plan Handbook External link opens in new window or tab. (PDF) . The handbook provides instructions to assist local educational agencies in completing and submitting their energy expenditure plans. The handbook explains program requirements, the process to complete the expenditure plan Form A External link opens in new window or tab. (XLS) and Form B External link opens in new window or tab. (XLS), and how to use the energy savings calculators External link opens in new window or tab. (XLS) for simple eligible energy projects. Additionally, a utility data release authorization form External link opens in new window or tab. (PDF) is provided to authorize electric and gas utilities to release certain past and ongoing energy usage and billing record data to the Commission.

Proposition 39 Final Guidelines

The California Energy Commission has adopted Guidelines External link opens in new window or tab. (PDF) in accordance with Proposition 39 (2012) and Senate Bill 73 (Chapter 29, Statutes of 2013). Section 26235(a) of the Public Resources Code required the California Energy Commission to establish these Guidelines, in consultation with the State Superintendent of Public Instruction, the Chancellor the California Community Colleges, and the California Public Utilities Commission.

Application Information
Application to Bundle

LEAs with 1,000 or less average daily attendance (ADA) reported as of the second principal apportionment for the prior year are eligible to receive in the current year both the current and subsequent year Proposition 39 funding entitlements.

Planning Funds Application

LEAs are able to request Energy Planning Funds for Screening and Energy Audits and Proposition 39 Program Assistance. LEAs must submit the 2013-14 Proposition web-based application in order to receive this funding. LEAS should verify their eligibility by reviewing the Proposition 39 Program Guidelines External link opens in new window or tab. (PDF). LEAs with 2013-14 award allocations of $433,000 or less may request up to 100 percent of their first year award, with a maximum of $130,000. Although LEAs with 1,000 average daily attendance (ADA) or less that requested by August 1, 2013, to receive two years of funding in the current year have 2013-14 award allocations under the $433,000 limit, these LEAs may only request up to one-half of their first year award for planning activities. LEAs with 2013-14 award allocation greater than $433,000 may request up to 30 percent of their first year award. (Please note the previous $1,000,000 cap for these LEAs has been removed with the Guidelines.) The application for Energy Planning Funds is due on January 31, 2014.

LEAs that have already requested by November 1, 2013, the maximum available for energy planning funds do not have additional funds available for energy planning activities. The one exception is for those LEAs previously capped at $1,000,000 for energy planning funds. Those LEAs will have available to request during this current application period the difference between 30 percent of their first year award and the amount previously requested for energy planning activities. In addition, as the Guidelines have been revised to provide greater flexibility when spending energy planning funds, all LEAs will be allowed to adhere to these Guidelines.

California Energy Commission Hotlines

The California Energy Commission has established hotlines (toll-free for those in-state: 855-380-8722 and a toll-line for those out of state: 916-653-0392) that schools can call for questions about how to apply for Proposition 39 (California Clean Jobs Act) awards.

Funding

Proposition 39, a voter approved initiative at the November 2012 statewide general election, provides for annual transfers from the General Fund to the Clean Energy Job Creation Fund for a period of five years, 2013-14 through 2017-18. Proposition 39 funds will be provided to local educational agencies (LEAs) to improve energy efficiency and create clean energy jobs. The California Energy Commission (CEC) must approve an LEA's energy project expenditure plan before the California Department of Education (CDE) may disburse funds. Information regarding Proposition 39 funding may be found on the CDE School Fiscal Services Web page.

Proposition 39 - 2013 Funding Results - Entitlements, Apportionments, and Letters

Legal References

Public Resources Code sections 26200-26201 External link opens in new window or tab., 26205-26208 External link opens in new window or tab., 26210 External link opens in new window or tab., 26220 External link opens in new window or tab., 26225-26240 External link opens in new window or tab..

Senate Bill 73 External link opens in new window or tab.

Other Sources

California Energy Commission, Proposition 39 External link opens in new window or tab.

California Public Utilities Commission, Energy External link opens in new window or tab.

California Conservation Corps External link opens in new window or tab.

California Workforce Investment Board External link opens in new window or tab.

California Community Colleges Chancellor's Office External link opens in new window or tab.

Questions:   Shannon Farrell-Hart | prop39@cde.ca.gov | 916-323-3923
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