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AB-386 School facilities: energy efficiency projects.(2017-2018)

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Date Published: 06/11/2018 09:00 PM
AB386:v93#DOCUMENT

Amended  IN  Senate  June 11, 2018
Amended  IN  Assembly  May 04, 2017
Amended  IN  Assembly  April 20, 2017
Amended  IN  Assembly  April 06, 2017
Amended  IN  Assembly  March 29, 2017
Amended  IN  Assembly  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 386


Introduced by Assembly Member Gonzalez Fletcher
(Coauthors: Assembly Members Reyes and Santiago)

February 09, 2017


An act to add the heading of Article 1 (commencing with Section 13300) to Chapter 5.6 of Part 3 of Division 9 of, and to add Article 2 (commencing with Section 13400) to Chapter 5.6 of Part 3 of Division 9 of, the Welfare and Institutions Code, relating to immigrants, Section 17654 to the Education Code, relating to school facilities, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 386, as amended, Gonzalez Fletcher. Legal services for deported veterans. School facilities: energy efficiency projects.
(1) Existing law expresses legislative findings and declarations that it is in the interest of the state and its residents for the state to aid school districts in finding cost-effective methods of conserving energy in school buildings maintained by school districts.
The California Clean Energy Jobs Act, an initiative approved by the voters as Proposition 39 at the November 6, 2012, statewide general election, provided for the transfer of $550,000,000 annually from the General Fund to the Clean Energy Job Creation Fund for 5 fiscal years beginning with the 2013–14 fiscal year. Moneys in the Job Creation Fund are available, upon appropriation by the Legislature, for the purposes of funding eligible projects that create jobs in the state by improving energy efficiency and expanding clean energy generation. Existing law provides for the allocation of available moneys to local educational agencies and community college districts.
This bill would appropriate $20,000,000 to the Department of Education for allocation to school districts and community college districts for a pilot program for energy efficiency and water conservation projects. The bill would specify that a school district or community college district is eligible for those moneys only if it has received funding pursuant to the California Clean Energy Jobs Act and does certain things in connection with those energy efficiency projects, including, partners with an institution of higher education to provide energy efficiency project-based learning opportunities for pupils enrolled in kindergarten or any of grades 1 to 12, inclusive, or for students enrolled at a community college; leverages private investment; and utilizes state-approved apprenticeship programs and ensures access to those programs for qualified veterans who were honorably discharged.
(2) Moneys appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.

Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied, undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. Existing law requires that the contracts meet certain conditions.

This bill would, subject to the availability of funding in the annual Budget Act, require the department to either contract with a qualified nonprofit legal services organization, or contract with a nonprofit agency to administer funding to nonprofit legal services organization subcontractors, to provide legal services to deported veterans, as defined. The bill would also authorize the department to include postconviction relief services to deported veterans in the contract. The bill would require the entities providing services pursuant to these contracts to meet specified conditions. The bill would establish the Veteran Reentry Assistance Fund, a continuously appropriated fund, to accept donations from private foundations and other philanthropic entities for the purpose of expanding the number of individuals who may be provided legal services pursuant to these provisions. By establishing a new continuously appropriated fund, this bill would make an appropriation.

Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 17654 is added to the Education Code, immediately following Section 17653, to read:

17654.
 (a) The sum of twenty million dollars ($20,000,000) is hereby appropriated from the General Fund to the department for allocation to school districts serving kindergarten or any of grades 1 to 12, inclusive, and community college districts for a pilot program to fund energy efficiency or water sustainability projects, including, but not necessarily limited to, renewable energy, water reclamation, or water conservation projects.
(b) A school district or community college district shall be eligible for moneys appropriated pursuant to subdivision (a) only if it has received funding pursuant to the California Clean Energy Jobs Act (Division 16.3 (commencing with Section 26200) of the Public Resources Code) and does all of the following in connection with the energy efficiency or water sustainability project for which it seeks additional funding:
(1) Partners with an institution of higher education for the purposes of providing energy efficiency project-based learning opportunities for pupils enrolled in kindergarten or any of grades 1 to 12, inclusive, or for students enrolled at a community college.
(2) Leverages private investment in addition to the moneys appropriated pursuant to paragraph (1) of subdivision (a) of Section 26205 of the Public Resources Code.
(3) Utilizes state-approved apprenticeship programs and ensures access to those programs for qualified veterans who were honorably discharged.
(c) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the moneys appropriated pursuant to this section shall be deemed to be “General Fund revenues appropriated for school districts and community college districts, respectively,” as defined in subdivision (f) of Section 41202, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202.

SECTION 1.The heading of Article 1 (commencing with Section 13300) is added to Chapter 5.6 of Part 3 of Division 9 of the Welfare and Institutions Code, to read:
1.Immigration Services
SEC. 2.Article 2 (commencing with Section 13400) is added to Chapter 5.6 of Part 3 of Division 9 of the Welfare and Institutions Code, to read:
2.Legal Services For Deported Veterans
13400.

For purposes of this article, the following definitions apply:

(a)“Department” means the State Department of Social Services.

(b)“Deported veteran” means a veteran who was deported from the United States pursuant to Section 237 of the Immigration and Nationality Act (8 U.S.C. Sec. 1227) and is ineligible for admission pursuant to Section 212 of the Immigration and Nationality Act (8 U.S.C. Sec. 1182).

(c)“Veteran” means an individual who has received an honorable discharge from the Armed Forces of the United States.

13402.

(a)Subject to the availability of funding in the annual Budget Act, the department shall either contract directly with one qualified nonprofit legal services organization, or contract with a nonprofit agency to administer funding to nonprofit legal services organization subcontractors, to provide legal services to deported veterans for assistance with the reentry process.

(b)For purposes of this article, a deported veteran is eligible to receive the legal services described in subdivision (a) if the veteran provides acceptable evidence of current or prior California residency, including, but not limited to, any of the following:

(1)Graduation from a high school or attaining the equivalent to high school graduation in California.

(2)Attendance at a community college or a university in California.

(3)Fulfilling all or part of the United States Armed Forces basic training in California.

(4)Being stationed in California while serving as an active duty member of the United States Armed Forces.

(5)Established California residency prior to being deported.

(6)Employment in California.

(7)A spouse, child, or immediate family member is currently living in California.

(8)One or more of the deported veteran’s children is enrolled in a school in California.

(9)One or more of the deported veteran’s children was born in California.

13406.

(a)The contract awarded pursuant to Section 13402 shall be executed either with a nonprofit agency that will administer the contract through nonprofit legal services organization subcontractors that meet both of the following requirements or directly with a nonprofit legal services organization that meets both of the following requirements:

(1)Have at least one of the following:

(A)A minimum of three years of experience in representing individuals in applications relating to the reentry process.

(B)A minimum of three years of experience as an organization providing legal assistance with the reentry process.

(C)Experience as a federal subcontractor for immigration representation.

(D)Experience working with or under the supervision of an organization, including a legal training or a technical assistance organization, that has significant experience in applications relating to the reentry process.

(2)Are accredited by the Board of Immigration Appeals under the United States Department of Justice’s Executive Office for Immigration Review or meet the requirements to receive funding from the Trust Fund Program administered by the State Bar of California.

(b)The department may include the provision of postconviction relief services to deported veterans in the contract awarded pursuant to Section 13402.

(c)The department may include case coordination and placement services in the contract awarded pursuant to Section 13402 to ensure that all individuals eligible for representation receive that representation in a timely fashion.

13408.

The Veteran Reentry Assistance Fund is hereby established in the State Treasury to accept donations from private foundations and other philanthropic entities for the purpose of expanding the number of individuals who may be provided legal services through contracts entered into by the department pursuant to this article. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the department without regard to fiscal year for purposes of Section 13402.