SECTIONS 25460-25464 - California Statutes

PUBLIC RESOURCES CODE

SECTION 25460-25464

25460. (a) The Legislature finds and declares that the 111th
Congress enacted the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) that appropriates funds for various energy
programs administered by the commission.
(b) It is the intent of the Legislature that the commission should
have the authority to award contracts, grants, and loans from funds
received pursuant to the American Recovery and Reinvestment Act of
2009 and to make the awards as expeditiously as possible.

25461. (a) Except as provided in Chapter 5.5 (commencing with
Section 25450), the commission shall administer federal funds
allocated to, and received by, the state for energy-related projects
pursuant to the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) or federal acts related to the American Recovery
and Reinvestment Act of 2009.
(b) Unless otherwise prohibited by the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) or subsequent federal
acts related to the American Recovery and Reinvestment Act of 2009,
the commission may use the federal funds to award contracts, grants,
and loans, including loan guarantees, loan loss reserves, and credit
enhancements, for energy efficiency, energy conservation, renewable
energy, and other energy-related projects and activities authorized
by the American Recovery and Reinvestment Act of 2009 or subsequent
federal acts related to the American Recovery and Reinvestment Act of
2009.

25462. (a) The commission may adopt guidelines governing the award,
eligibility, and administration of funding pursuant to this chapter
at a publicly noticed meeting offering all interested parties an
opportunity to comment. The commission shall provide written public
notice of not less than 30 days for the initial adoption of
guidelines. Substantive changes to the guidelines shall not be
adopted without 15-day written notice to the public. Notwithstanding
any other provision of law, any guidelines adopted pursuant to this
chapter 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.
(b) Grants and loans made pursuant to this chapter are subject to
appeal to the commission upon a showing that factors other than those
described in the guidelines adopted by the commission were applied
in making the awards and payments.

25463. (a) Notwithstanding any other provision of this division,
federal funds available to the commission pursuant to this chapter
may be used by the commission to augment funding for any programs or
measures authorized by this division unless otherwise prohibited by
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5). The commission may administer any funds used to augment other
programs using the procedures of the augmented program consistent
with applicable federal law.
(b) This section shall be liberally construed to maximize the
commission's ability to utilize and award federal funds expeditiously
and in accordance with the American Recovery and Reinvestment Act of
2009 or federal acts related to the American Recovery and
Reinvestment Act of 2009.

25464. (a) For purposes of this section, the following definitions
apply:
(1) "Fund" means the Clean and Renewable Energy Business Financing
Revolving Loan Fund.
(2) "Program" means the Clean and Renewable Energy Business
Financing Revolving Loan Program.
(b) (1) The commission may use federal funds available pursuant to
this chapter to implement the Clean and Renewable Energy Business
Financing Revolving Loan Program to provide low interest loans to
California clean and renewable energy manufacturing businesses.
(2) The commission may use other funding sources to leverage loans
awarded under the program.
(c) The commission may work directly with the Business,
Transportation and Housing Agency, the Treasurer, or any other state
agency, board, commission, or authority to implement and administer
the program, and may contract for private services as needed to
implement the program.
(d) The commission may collect an application fee from applicants
applying for funding under the program to help offset the costs of
administering the program.
(e) (1) The Clean and Renewable Energy Business Financing
Revolving Loan Fund is hereby established in the State Treasury to
implement the program. The commission is authorized to administer the
fund for this purpose. Notwithstanding Section 13340 of the
Government Code, the money in the fund is continuously appropriated
to the commission, without regard to fiscal years, to implement the
program.
(2) Upon direction by the commission, the Controller shall create
any accounts or subaccounts within the fund that the commission
determines are necessary to facilitate management of the fund.
(3) The Controller shall disburse and receive moneys in the fund
for purposes of the program and as authorized by the commission.
(4) All loans and repayments of loans made pursuant to this
section, including interest payments, penalty payments, and all
interest earning on or accruing to any moneys in the fund, shall be
deposited in the fund and shall be available for the purposes of this
section.
(5) The commission may expend up to 5 percent of moneys in the
fund for its administrative costs to implement the program.
(f) Federal funds available to the commission pursuant to this
chapter shall be transferred to the fund in the loan amounts when
loans are awarded under the program by the commission.