BILL NUMBER: SBX1 1 ENROLLED
BILL TEXT
PASSED THE SENATE APRIL 4, 2011
PASSED THE ASSEMBLY MARCH 31, 2011
AMENDED IN ASSEMBLY MARCH 25, 2011
AMENDED IN ASSEMBLY MARCH 10, 2011
AMENDED IN ASSEMBLY MARCH 8, 2011
AMENDED IN SENATE FEBRUARY 22, 2011
INTRODUCED BY Senator Steinberg
(Principal coauthor: Senator Alquist)
(Coauthors: Senators Hancock, Liu, Lowenthal, and Vargas)
(Coauthors: Assembly Members Butler, Carter, and Solorio)
FEBRUARY 1, 2011
An act to add and repeal Article 5.5 (commencing with Section
54698) of Chapter 9 of Part 29 of Division 4 of Title 2 of the
Education Code, relating to partnership academies.
LEGISLATIVE COUNSEL'S DIGEST
SB 1, Steinberg. Partnership academies: Clean Technology and
Renewable Energy Job Training, Career Technical Education, and
Dropout Prevention Program.
(1) Existing law establishes the partnership academies program as
a school-business partnership program to provide occupational
training to educationally disadvantaged high school pupils. Under
existing law, the Superintendent of Public Instruction is required to
award grants to school districts maintaining high schools to plan,
establish, and maintain these partnership academies.
Existing law establishes the Renewable Resource Trust Fund as a
fund that is continuously appropriated, with certain exceptions for
administrative expenses, in the State Treasury, requires that certain
moneys collected to support renewable energy resources through the
public goods charge, as defined, are deposited into the fund, and
authorizes the State Energy Resources Conservation and Development
Commission (Energy Commission) to expend the moneys pursuant to the
renewable energy resources program.
This bill would require the Controller annually to allocate
$8,000,000 from the Renewable Resource Trust Fund or other related
fund, upon appropriation by the Legislature, to the Superintendent of
Public Instruction for expenditure in the form of grants to school
districts to be allocated pursuant to the existing provisions for
creating and maintaining partnership academies. If funds from the
Renewable Resource Trust Fund are insufficient to fully meet that
funding requirement in specified fiscal years, the bill would require
the Controller to allocate the balance of funds required to meet the
funding requirement from the Alternative and Renewable Fuel and
Vehicle Technology Fund for these purposes.
The bill would require the Superintendent to award grants, as
specified, to school districts that propose to implement or maintain
a partnership academy that focuses on employment in clean technology
businesses and renewable energy businesses and provides skilled
workforces for the products and services for energy or water
conservation, or both, renewable energy, pollution reduction, or
other technologies.
The bill would require the Energy Commission, no later than 60
days after the effective date of these provisions, in consultation
with the Superintendent, to adopt guidelines to ensure that programs
receiving grants reflect current state energy policies and priorities
as well as provide skills and education linked to the needs of
relevant industries.
The bill would authorize a school district to apply for planning
grants for implementing a partnership academy and would allow the
Superintendent to expend up to 5% of the funds transferred to the
Superintendent to pay the costs incurred in the administration of
this program. The bill would require the Superintendent, in
consultation with the Energy Commission, to provide a report to the
Legislature that includes a description of the curriculum and
substance of the programs funded by grants awarded pursuant to these
provisions, and specified data. The bill would provide that the bill'
s provisions would become inoperative on June 30, 2017, and, as of
January 1, 2018, would repeal these provisions.
(2) The California Constitution authorizes the Governor to declare
a fiscal emergency and to call the Legislature into special session
for that purpose. Governor Schwarzenegger issued a proclamation
declaring a fiscal emergency, and calling a special session for this
purpose, on December 6, 2010. Governor Brown issued a proclamation on
January 20, 2011, declaring and reaffirming that a fiscal emergency
exists and stating that his proclamation supersedes the earlier
proclamation for purposes of that constitutional provision.
This bill would state that it addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation issued on
January 20, 2011, pursuant to the California Constitution.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 5.5 (commencing with Section 54698) is added to
Chapter 9 of Part 29 of Division 4 of Title 2 of the Education Code,
to read:
Article 5.5. Clean Technology and Renewable Energy Job
Training, Career Technical Education, and Dropout Prevention Program
54698. (a) The Legislature finds and declares all of the
following:
(1) California's international leadership in renewable energy,
energy conservation, clean technology, and climate change policies
creates significant opportunities to improve workforce development
and educational opportunities for high school pupils in the fields of
energy conservation, clean technology, and renewable energy.
(2) California has an opportunity to combine the education and
training of both its future college-educated workforce and its highly
skilled technical workforce with its effort to reduce high school
dropout rates. Clean technology jobs and renewable energy jobs ("
green collar jobs") can provide underserved communities with a
pathway out of poverty, a new and inspiring focus for educational
institutions, and significant statewide economic and environmental
benefits.
(3) A poll of at-risk California 9th and 10th graders by Peter D.
Hart Research Associates found that 6 in 10 pupils were not motivated
to succeed in school. Of those pupils, more than 90 percent said
they would be more engaged in their education if classes helped them
acquire skills and knowledge relevant to future careers. Career
technical education programs that create paths to further education,
advanced training, or productive jobs in high opportunity careers can
keep pupils engaged and on track toward a diploma.
(4) Investments in delivering pupils the skills and knowledge
needed for further education and employment in industries that focus
on renewable energy, energy conservation, clean technologies, and
climate change mitigation will provide multiple benefits to
California in all of the following ways:
(A) Helping to achieve the state's climate change goals required
by the California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code).
(B) Creating employment opportunities for Californians that would
otherwise not be fully realized.
(C) Expanding the state's utilization of renewable energy.
(D) Contributing to the growth of clean technology businesses in
California.
(5) Absent action, California will miss an opportunity to curtail
high school dropout and joblessness rates among its young people and
will perpetuate the lack of an integrated education, workforce
development, and business infrastructure that otherwise could take
advantage of the projected growth in these industries and the
corresponding increase in state and local taxes, other public
revenues, and additional economic benefits associated with a likely
surge in clean technology and renewable energy jobs.
(6) California must prioritize the reduction of high school
dropout and joblessness rates among its young people. It must also
ensure that pupils have pathways to careers that will help achieve
its greenhouse gas reduction goals and contribute to the development
of its renewable energy resources.
(b) It is the intent of the Legislature to stimulate the economy
of the State of California by creating partnership academies that
will lead to the creation of good paying jobs in industries and
businesses that are in compliance with the state's environmental
protection laws and regulations, providing entrepreneurs and
employers the best-trained workforce in the United States, and
preparing young people to work in clean, green industries and
professions. These jobs would help achieve California's climate
change mitigation obligations and conserve our state's vital
resources of water, air quality, land, and energy.
54698.1. As used in this article, the following terms have the
following meanings:
(a) "Clean technology business" means a business that focuses on
one or more of the following:
(1) Energy audits for determining the energy savings that could be
recovered through utility bill financing.
(2) Retrofitting and weatherization activities that increase
energy efficiency and conservation.
(3) Energy- and water-efficient public buildings.
(4) Retrofitting and installing energy-efficient household
appliances, windows, doors, insulation, and lighting.
(5) Retrofitting and installing water and energy conservation
technologies in existing homes, multifamily housing, industrial
buildings, commercial and public buildings, and farms, forestlands,
and ranches, to improve efficiency, including the use of energy and
water management technologies and control systems.
(6) The manufacture, sale, assembly, installation, construction,
and maintenance of energy-efficient technologies and renewable energy
facilities or the component parts of renewable energy technologies.
(7) Energy-efficient technologies or practices and renewable
energy production or the component parts of renewable energy plants
and energy distribution, including energy storage, energy
infrastructure (including transmission), transportation (including
logistics), clean vehicle technology, clean heat and power, and water
and wastewater (including water conservation).
(8) Natural resource conservation for the purpose of adapting to
climate change, including fish and wildlife habitat restoration,
reforestation, native species preservation, invasive species
eradication, community tree planting, and other activities that
address stressors on natural resources generated by climate change.
(b) "Renewable energy business" means a business that focuses on
one or more of the following:
(1) Research and development, manufacturing, generation,
development, or maintenance of appropriately sited power line
transmission.
(2) Power storage.
(3) Installation, repair, maintenance, or related activities
necessary to produce energy from wind, photovoltaic, solar thermal,
geothermal, biomass, including cellulosic ethanol, biodiesel, and
biomass power, green waste, and fuel cells.
54699. (a) (1) The Controller shall annually allocate the sum of
eight million dollars ($8,000,000) from the Renewable Resource Trust
Fund established pursuant to Section 25751 of the Public Resources
Code or other related fund, upon appropriation by the Legislature, to
the Superintendent for expenditure in the form of grants to school
districts, that shall be allocated using the same criteria as
provided in Article 5 (commencing with Section 54690), except as
provided in subdivision (b) of Section 54691, and pursuant to the
additional requirements of this article.
(2) If sufficient funds are not available to fully meet the
funding requirement of paragraph (1), for fiscal years 2010-11,
2011-12, and 2012-13, the Controller shall allocate the balance of
funds required to meet the funding requirement from the Alternative
and Renewable Fuel and Vehicle Technology Fund established pursuant
to Section 44273 of the Health and Safety Code, upon appropriation by
the Legislature, for expenditure in the form of grants to school
districts, that shall be allocated using the same criteria as
provided in Article 5 (commencing with Section 54690), except as
provided in subdivision (b) of Section 54691, and pursuant to the
additional requirements of this article.
(b) The Superintendent shall award grants pursuant to this article
to school districts that do all of the following:
(1) Meet the requirements specified in Article 5 (commencing with
Section 54690).
(2) Propose to implement a partnership academy, or to maintain an
existing academy, that focuses on employment in clean technology
businesses or renewable energy businesses and provides skilled
workforces for the products and services for energy or water
conservation, or both, renewable energy, pollution reduction, or
other technologies that improve the environment in furtherance of
state environmental laws.
(c) The Superintendent shall review grant applications submitted
by school districts in consultation with the State Energy Resources
Conservation and Development Commission.
(d) The Superintendent, in consultation with the State Energy
Resources Conservation and Development Commission, shall review
ongoing programs to ensure that those programs comply with
subdivision (b).
(e) (1) No later than 60 days after the effective date of this
article, and prior to the department issuing a request for grant
applications, the State Energy Resources Conservation and Development
Commission, in consultation with the Superintendent, shall adopt
guidelines to ensure that programs receiving grants reflect current
state energy policies and priorities as well as provide skills and
education linked to the needs of relevant industries.
(2) Notwithstanding any other law, any guideline adopted pursuant
to this section shall be exempt from the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(f) (1) The Superintendent shall give priority for grants pursuant
to this article according to the following:
(A) First, to school districts that propose to establish
partnership academies that are consistent with the guidelines
developed by the State Energy Resources Conservation and Development
Commission pursuant to subdivision (e).
(B) Second, to school districts that propose to establish a
partnership academy at schoolsites that do not currently participate
in the partnership academies program pursuant to Article 5
(commencing with Section 54690).
(C) Third, to school districts that would establish a partnership
academy at schoolsites that do not currently participate in the green
partnership academies program funded pursuant to Section 32 of
Chapter 757 of the Statutes of 2008.
(2) Notwithstanding subparagraphs (B) and (C) of paragraph (1),
the Superintendent may assign a higher priority to a school district
that has received a grant pursuant to the green partnership academies
program funded pursuant to Section 32 of Chapter 757 of the Statutes
of 2008, subject to subdivision (d).
(3) The Superintendent shall award grants to a school district to
establish or operate a partnership academy pursuant to this article
in the following amounts:
(A) A district operating a partnership academy may receive one
thousand dollars ($1,000) per year for each qualified student
enrolled in grade 9 in an academy during the first year of that
academy's operation, except no more than forty-five thousand dollars
($45,000) may be granted to any one academy for the initial year.
(B) A district operating a partnership academy may receive one
thousand dollars ($1,000) per year for each qualified student
enrolled in either grade 9 or 10 in an academy during the second year
of that academy's operation except that no more than eighty thousand
dollars ($80,000) may be granted to any one academy for the second
year.
(C) A district operating a partnership academy may receive one
thousand dollars ($1,000) for each qualified student enrolled in any
of grades 9 to 11, inclusive, in an academy during the third year of
that academy's operation, except that no more than one hundred twenty
thousand dollars ($120,000) may be granted to any one academy for
the third year.
(D) A district operating a partnership academy may receive one
thousand dollars ($1,000) for each qualified student enrolled in any
of grades 9 to 12, inclusive, in an academy during the fourth and
following years of that academy's operation, except that no more than
one hundred fifty thousand dollars ($150,000) may be granted to any
one academy for each fiscal year.
(4) For purposes of this section, "qualified student" has the same
meaning as described in subdivision (c) of Section 54691, but shall
also include a 9th grade pupil who meets the at-risk criteria
specified in Section 54690, who is enrolled in an academy for the 9th
grade, obtains 90 percent of the credits each academic year in
courses that are required for graduation, and successfully completes
a school year during the 9th grade with an attendance record of not
less than 80 percent.
(g) The Superintendent shall encourage a school district that
receives a grant under this article to work and coordinate with
regional occupational centers and programs for the required career
technical education sequence of courses.
(h) A school district may apply for planning grants, in accordance
with subdivision (a) of Section 54691, for implementing a
partnership academy pursuant to this article.
(i) Commencing in 2014 and not later than January 1 of each year
for which this article is operative, the Superintendent, in
consultation with the State Energy Resources Conservation and
Development Commission, shall provide a report to the Legislature
that includes, but is not limited to, a description of the curriculum
and substance of the programs funded by grants awarded pursuant to
this article. The first annual report shall include the
identification of gaps in available curricula relating to clean
technology and renewable energy that are consistent with current
state energy policy and priorities, as well as the proportion of
participating pupils who meet the at-risk criteria enumerated in
subdivision (d) of Section 54690. The report also shall include pupil
participation data and data collected pursuant to subdivision (d) of
Section 54691.
(j) Up to 5 percent of the funds transferred to the Superintendent
pursuant to this article may be expended to pay the costs incurred
in the administration of this article.
54699.1. This article shall become inoperative on June 30, 2017,
and, as of January 1, 2018, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2018, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 2. This act addresses the fiscal emergency declared and
reaffirmed by the Governor by proclamation on January 20, 2011,
pursuant to subdivision (f) of Section 10 of Article IV of the
California Constitution.