BILL NUMBER: SB 1299 CHAPTERED
BILL TEXT
CHAPTER 536
FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2000
APPROVED BY GOVERNOR SEPTEMBER 18, 2000
PASSED THE SENATE AUGUST 30, 2000
PASSED THE ASSEMBLY AUGUST 25, 2000
AMENDED IN ASSEMBLY AUGUST 18, 2000
AMENDED IN ASSEMBLY AUGUST 10, 2000
AMENDED IN ASSEMBLY AUGUST 7, 2000
INTRODUCED BY Committee on Energy, Utilities and Communications
(Senators Bowen (Chair), Alarcon, Baca, Brulte, Hughes, Kelley,
Mountjoy, Peace, Solis, Speier, and Vasconcellos)
MARCH 1, 1999
An act to amend Sections 25421, 25449.4, 25620.5, and 25620.8 of
the Public Resources Code, relating to public resources, and making
an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1299, Committee on Energy, Utilities and Communications.
Energy resources conservation.
(1) Existing law requires the State Energy Resources Conservation
and Development Commission to administer the State Energy
Conservation Assistance Account, a continuously appropriated account,
in the General Fund until January 1, 2001, to provide grants and
loans to local governments and public institutions to maximize energy
use savings. All loans outstanding as of that date are required to
continue to be repaid as specified until paid in full, and all
unexpended funds in the account on and after that date, except as
specified, are required to revert to the General Fund.
This bill would extend the operation of those provisions to
January 1, 2011, and would thereby make an appropriation by extending
the time during which the funds in a continuously appropriated
account are made available.
(2) Existing law, until January 1, 2002, requires the commission
to enter into agreements with the Regents of the University of
California, the Trustees of the California State University, the
Board of Governors of the California Community Colleges, and the
State Department of Education to expend specified funds for certain
purposes relating to energy conservation. Existing law creates the
Local Jurisdiction Energy Assistance Account in the General Fund for
the purposes of these provisions and requires the funds in the
account to be disbursed by the Controller as authorized by the
commission. All loans outstanding as of January 1, 2002, are
required to continue to be repaid as specified until paid in full,
and all unexpended funds in the account on and after that date,
except as specified, are required to be deposited in the Federal
Trust Fund and expended for the purposes for which federal oil
overcharge funds are available.
This bill would extend the operation of those provisions to
January 1, 2011, and would thereby make an appropriation by extending
the time during which the specified funds are available for
disbursement.
(3) The existing Warren-Alquist State Energy Resources
Conservation and Development Act requires the commission to submit
quarterly reports to the Legislative Analyst and to the appropriate
fiscal and policy committees of the Legislature that review bills
relating to energy and public utilities.
This bill would, instead, require that those reports be submitted
on a semiannual basis.
(4) The act requires the commission to prepare and submit to the
Legislature an annual report on awards of grants made by the
commission for public interest energy research and development
projects.
This bill would require that annual report to be submitted to the
Legislature not later than March 31 of each year.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25421 of the Public Resources Code is amended
to read:
25421. (a) Except as provided in subdivision (b), this chapter
shall remain in effect only until January 1, 2011, and as of that
date is repealed, unless a later enacted statute, which is enacted
before January 1, 2011, deletes or extends that date.
(b) All loans outstanding as of January 1, 2011, shall continue to
be repaid on a semiannual basis, as specified in Section 25415,
until paid in full. All unexpended funds in the State Energy
Conservation Assistance Account on January 1, 2011, and thereafter,
except to the extent those funds are encumbered pursuant to Section
25417.5, shall revert to the General Fund.
SEC. 2. Section 25449.4 of the Public Resources Code is amended to
read:
25449.4. (a) Except as provided in subdivision (b), this chapter
shall remain in effect until January 1, 2011, and as of that date is
repealed, unless a later enacted statute which is enacted before
January 1, 2011, deletes or extends that date.
(b) All loans outstanding as of January 1, 2011, shall continue to
be repaid in accordance with a schedule established by the
commission pursuant to Section 25442.7, until paid in full. All
unexpended funds in the Local Jurisdiction Energy Assistance Account
on January 1, 2011, and thereafter, except to the extent that those
funds are encumbered pursuant to Section 25443.5, shall be deposited
in the Federal Trust Fund and be available for the purposes for which
federal oil overcharge funds are available pursuant to court
judgment or federal agency order.
SEC. 3. Section 25620.5 of the Public Resources Code is amended to
read:
25620.5. (a) The commission may solicit applications for awards,
using a sealed competitive bid, competitive negotiation process,
multiparty agreement, single source, or sole source method.
(b) A sealed bid method may be used when goods and services to be
acquired can be described with sufficient specificity so that bids
can be evaluated against specifications and criteria set forth in the
solicitation for bids.
(c) The commission may use a competitive negotiation process in
any of the following circumstances:
(1) Whenever the desired contract is not for a fixed price.
(2) Whenever project specifications cannot be drafted in
sufficient detail so as to be applicable to a sealed competitive bid.
(3) Whenever there is a need to compare the different price,
quality, and contractual factors of the bids submitted.
(4) Whenever there is a need to afford bidders an opportunity to
revise their proposals.
(5) Whenever oral or written discussions with bidders concerning
the technical and price aspects of their proposals will provide
better projects to the state.
(6) Whenever the price of the contract is not the determining
factor.
(d) The commission may establish multiparty and interagency
agreements with other entities to advance a defined research,
development, and demonstration project purposes. The commission
shall be a party to those agreements and shall share in the roles,
responsibilities, risks, investments, and results of the agreement.
(e) The commission may choose from among two or more business
entities capable of supplying or providing goods or services that
meet a specified need of the commission. The cost to the state shall
be reasonable and the commission shall only enter into a single
source contract with a particular entity if the commission determines
that it is in the state's best interests.
(f) The commission, in accordance with subdivision (g), may select
projects on a sole source basis when the cost to the state is
reasonable and when, in consultation with the Department of General
Services, the commission makes any of the following determinations:
(1) The proposal was unsolicited and meets the evaluation criteria
of this chapter.
(2) The expertise, service, or product is unique.
(3) The urgency of the need for the information or deliverable is
such that a competitive solicitation would frustrate timely
performance.
(4) The contract funds the next phase of a multiphased proposal
and the existing agreement is being satisfactorily performed.
(5) When it is determined by the commission to be in the best
interests of the state.
(g) The commission shall not utilize a sole source basis for a
project pursuant to subdivision (f), unless both of the following
conditions are met:
(1) The commission, at least 30 days prior to taking an action
pursuant to subdivision (f), notifies the Joint Legislative Budget
Committee, in writing, of its intent to take the proposed action.
(2) The Joint Legislative Budget Committee either approves or does
not disapprove the proposed action within 30 days from the date of
notification required by paragraph (1).
(h) The commission shall submit semiannual reports to the
Legislative Analyst and to the appropriate fiscal and policy
committees of the Legislature that review bills relating to energy
and public utilities. The reports shall contain an evaluation of the
progress and status of the implementation of this section.
(i) The provisions of this section are severable. If any
provision of this section or its application is held to be invalid,
that invalidity shall not affect other provisions or applications
that can be given effect without the invalid provision or
application.
SEC. 4. Section 25620.8 of the Public Resources Code is amended to
read:
25620.8. The commission shall prepare and submit to the
Legislature an annual report, not later than March 31 of each year,
on awards made pursuant to this chapter. The report shall include
information on the names of award recipients, the amount of awards,
and the types of projects funded, an evaluation of the success of any
funded projects, and any recommendations for improvements in the
program. The commission shall establish procedures for protecting
confidential or proprietary information and shall consult with all
interested parties in the preparation of the annual report.