2012-13 

November 6, 2012 PROP 39 CLEAN ENERGY JOBS ACT

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See also: California Proposition 39, Income Tax Increase for Multistate Businesses (2012)

Title

Tax Treatment for Multistate Businesses. Clean Energy and Energy Efficiency Funding. Initiative Statute.

Summary

"Requires multistate businesses to calculate their California income tax liability based on the percentage of their sales in California. Repeals existing law giving multistate businesses an option to choose a tax liability formula that provides favorable tax treatment for businesses with property and payroll outside California. Dedicates $550 million annually for five years from anticipated increase in revenue for the purpose of funding projects that create energy efficiency and clean energy jobs in California."

Fiscal impact

(This is a summary of the initiative's estimated "fiscal impact on state and local government" prepared by the California Legislative Analyst's Office and the Director of Finance.)

"Approximately $500 million in additional state General Fund revenues in 2012-13 and $1 billion each year thereafter from requiring a single sales factor formula for corporate taxes, with about half of the additional annual revenues from 2013-14 through 2017-18 supporting energy efficiency and alternative energy projects. Increased Proposition 98 minimum funding guarantee for K-14 schools of roughly $225 million annually from 2012-13 through 2017-18 and by roughly $500 million each year thereafter, as a result of additional state General Fund revenues."

CUSDWatch Comment

From Ed Source: LAO has 'serious concerns' with governor's Prop 98 Calculation

At issue is a provision of Prop. 39 that requires the state to put half of the revenues raised for each of the next five years into a new Clean Energy Job Creation Fund for energy efficiency projects in local communities, such as hospitals. The other half of the money would go into the general fund, where it would increase the minimum school-funding guarantee of Proposition 98 by as much as $500 million this year and go up from there.

The Governor’s budget plan would count all the revenue raised by the initiative toward calculating the minimum school funding guarantee of Proposition 98. Brown also wants to allocate all Prop. 39 funds for the next five years to K-12 schools and community colleges to reduce their energy costs by using energy efficient construction for new school buildings and modernizing their aging buildings. For next year, $400.5 million would go to K-12 schools, while community colleges would receive $49.5 million.

The LAO report calls this approach “a serious departure from our longstanding view of how revenues are to be treated for the purposes of Proposition 98,” and says it “is directly contrary to what the voters were told in the official voter guide as to how the revenues would be treated.”

The Department of Finance disputes that interpretation. Spokesman H.D. Palmer counters that the LAO has it backwards. Because Prop. 39 generates corporate tax revenue it’s counted as part of the general fund, even if the money is then moved to the new Clean Energy Fund.

LAO Report Prop 39

So Prop 39 funds allocated to schools would be counted as per pupil funding but schools would be limited to spending that money on Green Energy projects NOT EDUCATING STUDENTS and would actually take away funding for educating student because it would be included in the Prop 98 funding for education.

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The State allocated $2.5 billion for Prop 39 energy saving projects. $1.5 billion was allocated to K-12 and community colleges to implement energy saving projects.

The Capistrano Unified School District was allocated $10,601,781to implement energy savings projects

Consolidated Entitlement

Proposition 39 - Multi-year Schedule(XLSX; Updated 20-Aug-2018)
Consolidated fiscal information for fiscal years 2013–14 through 2017–18

April 25, 2018 Board Report page 1218

The State has allocated $2.5 billion to K-2 and Community Colleges to implement energy saving projects. 

  State Total CUSD
Energy Expenditure Plan   $1,549,696,819  $10,601,781
CUSD Award Allocations    
  2013-14   $381,000,000 $2,097,901
  2014-15   $279,000,000 $1,829,324
  2015-16    $313,421,000 $1,651,437
  2016-17   $398,800,000 $2,546,996
  2017-18  $376,200,000 $2,414,706
  Total  $1,748,421,000 $10,540,346
Planning Funds Paid $152,628,781 $629,370
EEP Funds Paid  $1,480,786,288 $9,910,994
Funds Returned ($4,638,394) -0-
Award Allocation Remaining $117,644,325 -0-
EEP Amount Remaining  $69,175,275 $690,787

 

2013-14 
In December 2014 the Energy Commission issued the 2015 Prop 39 Program Implementation Guidelines
Prop 39 Planning funds in the amount of $629,370 were allocated to CUSD. That used $500,000  to hire a Prop 39 Energy partner.
The first Pop 39 allocation (2013-14) was awarded to CUSD in the amount of $2,097,901 

December 10, 2014  Board/Superintendent Workshop Agenda Item #A page 1

NOTE: Board/Superintendent Workshops are not recorded. There is no audio for this item.

This allocation allowed CUSD's School Faciity Corporation to participate with CUSD in the execution and delivery of COP's (Certificates of Participation.

Staff wanted to apply for $26 million in CREB BONDS and needed to be able to deliver COP's

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2014-15 
The second Prop 39 allocation is awarded in the amount of $1,829,324
 

December 9, 2015 Agenda Item #51  Documents: RFP No. 5-1516

CUSD advertised a Request for Proposal (RFP No. 5-1516) to hire a Prop 39 energy partner.

Agenda Item #51 was passed on the Consent Calendar without discussion

Board Audio at 4:56:32

Estimated Expenditures  $500,000.00 from Prop 39 Funds

CUSD was paid $629,370 in planning funds. They spent $500,000 so there is an unused balance of $129,370.00 remaining.

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CUSDWatch Comment 

According to October 16, 2019 Agenda Item #33 at page 731 the History of the Prop 39 Projects are as follows:

Proposition 39 projects were funded and installed in three phases.

Phase I scope included the replacement of all exterior lighting fixtures and select interior locations such as gymnasiums and library spaces, with more energy efficient light emitting diodes (LED) lighting. The lighting project aimed to reduce utility costs through efficiency and maintenance costs, given the long life of LED fixtures and lamps, reducing time spent replacing burnt/failing lights and fixtures. Additionally the upgraded lighting provided improved safety and curb appeal. Phase I lighting was installed at all six high school campuses.

Phase II scope included the installation of Building Automation Systems (BAS) at five of six comprehensive District high schools, Dana Hills High School excluded. These systems allow the District to view, adjust, schedule, and monitor heating, ventilation, and air conditioning (HVAC) systems at these sites. The project aimed to reduce utility costs by maintaining standard schedules, run times and set points. Additionally, the visibility of the systems enhance technician troubleshooting and repair capabilities.

Phase III scope also included the installation of BAS at eight K8/middle school sites. Given recent completion, savings data for these sites are pending.

See: April 25, 2018 Agenda Item #32 page 1218 of 1408

Estimated Annual Savings:

Phase I   $226,733
Phase II    $442,342
Phase III   $217,522
 Annual Total  $886,597
 Over 25 years  $22,164,925

 

  

2015-16
The third Pop 39 allocation (2015-16) was awarded to CUSD in the amount of $1,651,437    

January 2016 

RFP 5-1516 process was conducted

 

January 8, 2016 

2 Amendments were made to RFP 5-1516

Acknowledgement of Amendments to RFP page 208

 

See February 22, 2017 Agenda Item #4 Amendment to Contracts page 58 of 479 and the Contract at page 151 of 479

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January 11, 2016 

CUSD receives Schneider Electrics Response to RFP Number 5-1516 Energy Audit Services. 

See February 22, 2017 Agenda Item #4 Amendment to Contracts page 58 of 479 and the Contract at page 151 of 479

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February 10, 2016 Agenda Item #24 , 63 - 161 

CUSD awards Schneider Electric a $500,000 contract to provide CUSD with energy audit services.

Board Audio at 13:36

Superintendent Comments: Superintendent Vital states that Staff has already highered an energy expert and that Trustees will get the opportunity to approve that agreement at tonights meeting.

Board Audio at 2:09:48

This Item was placed on the Consent Calendar with no page number and no supporting documentation. Schneider Electric was awarded the contract without discussion.

 

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Purchasing Bids/RFP's Supporting Documentation - The Documentation is not there.

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CUSDWatch Comment

Agenda Item #14 AWARD REQUEST FOR PROPOSALS NO. 5-1516, ENERGY AUDIT SERVICES was done on the Consent Calendar with no supporting Documentation:

CUSD states that it received 7 proposals in response to the RFP:

Alliance Building Solutions, Inc.; Climatec, LLC; Envise; Farmand, Inc., dba Indoor Environmental Services; OpTerra Energy Services, Inc.; Schneider Electric Buildings Americas, Inc. (Schneider Electric); and SmartWatt Energy, Inc. There is no supporting documents.

PROP 39 FUNDS
$500,000.00

Approval of RFP No. 5-1516

SCHNEIDER ELECTRIC BUILDINGS

Provide energy audit services, as awarded pursuant to RFP No. 5-1516 District

 $500,000  Total

 

April 2016

"In April 2016, under a competitive process, Schneider Electric was awarded the RFP to obtain these dollars under strict California Energy Commission guidelines as well as design and build the approved projects."

See April 25, 2018 Agenda Item #32 page 1218 of 1408

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April 13, 2016  Agenda Item #27 page 337

Trustees were provided with a presentation on Prop 39- Clean Energy Job Act.

Board Audio Wrong Audio- USD has the audio for Special Meeting April 20, 2016 instead.

The presentation included a Comprehensive Summary report containing an overview of an energy master plan and an outline of the necessary steps to achieve energy efficiency.

This was an information item only

No Board action was taken

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April 27, 2016 Agenda Item #4 and #7 page 14-127 and 149-202

New Contract:

Schneider Electric Energy Service contract to audit the districts energy needs.

Cost $246,000.00

Board Audio at 44:33 

Consent Calendar Items pulled Items #4, #11, #17

Board Audio at 3:04:57  Consent Calendar Discussion

This Item was passed on the Consent Calendar without discussion 

PROP 39 FUNDS
$246,000.00

New Contract page 14 of 334

SCHNEIDER ELECTRIC BUILDINGS

ICA 1516207 Schneider Electric Response to Request for Proposal (original) page 31

Provide energy audit services, as awarded pursuant to RFP No. 5-1516 District

 $246,000.00  Total

June 2016

Submitted a Phase I Plan to the CEC (California Energy Commission on June 1, 2016 for a $2.4 million dollar lighting retrofit at CUSD's 6 high schools.

Was this done with Board approval? The contract did not come before the Board for approval until September 14, 2016

September 14, 2016 Agenda Item #29 RESOLUTION NO. 1617-19 RESOLUTION APPROVING ENERGY SERVICES CONTRACT WITH SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. FOR APPROVED PLAN NO. 1 (APPLICATION NO. 1497) FOR THE DISTRICT’S ENERGY CONSERVATION PROGRAM FOR SIX SCHOOL SITES Maximum price: $2,490,333.00 page 599

CUSDWatch Comment

Slide from October 16, 2019 Agenda Item #33 page 736 

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2016-17 

August 2016

Started Construction in August 2016

Was this done with Board approval?

CUSDWatch Comment

Slide from October 16, 2019 Agenda Item #33 page 736 

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August 17, 2016 Agenda Item #27 page 442

Board Audio at 20:12

Super Intendent Vital presented this item by introducing Russel Tran a CUSD student.

Public Comment

Board Audio 21:20 The idea to place solar panels on all CUSD schools began with Russell Tran and the Ecology Action Team of San Juan Hills High School who had been working with Clark Hampton since 2014.

Board Audio 22:57 Student Alex Royal from San Clemente High School

Board Audio 24:32 Daniel Gooden student at San Juan Hills High School

Board Audio 26:06 Declan Hayworth President San Clemente High School Oceans Club

Board Audio 27:38 Erica Hunting San Clemente High School

Board Audio 30:35 Kyle Krueger President, CUSD Solar Initiative: Head Coordinator Tesoro High School

Board Audio at 33:30 Kyle delivered a Petition with 1,438 signatures supporting solar panel projects in CUSD

Board Audio at 33:43 Superintendent Vital Next Steps - RFP to do an assessment of solar panels.

Board Audio at 34:38 Trustee Hatton

Board Audio at 34:59 Trustee Jones

Board Audio at 35:05 Trustee Pritchard

Board Audio at 36:00 Trustee Reardon

Board Audio at 37:16 Clark Hampton acknowledged that they had already hired Schneider Electric as an energy partner to do the solar panel assessment.

Board Audio at 37:36 Trustee McNicholas- we need an RFP to see if this will work out financially. This has not penciled out in the past. Schneider did do a presentation

Board Audio at 38:51 Clark Hampton - CUSD needs to own the system.

Board Audio at 39:40 Trustee Jones

Board Audio at 40:45 Superintendent Kristen Vital The Board does not need to take any action- we understand the direction is to follow-up with an assessment.

This was an Information/ Discussion item

No Board Action was taken

 

 

 

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CUSDWatch Comment

Berkeley nonprofit KyotoUSA [US Cities and their citizens working together to address climate change] 

Kyoto is the non-profit partner that worked with CUSD students to identifying financing for Green Energy Projects.

Did the Board Approve this collaboration in 2014 or did Clark Hampton do this on his own?

Clark Hampton politicized CUSD's public schools by inviiting an advcacy organization into our public education system and he used CUSD students.

This was not a "student" initiative- this was a "Clark Hampton" initiative designed to get access to additional revenues streams for CUSD by USING CUSD STUDENTS.

At KyotoUSA, we are currently working in two areas where residents can have a significant influence in reducing local emissions. We are assisting California school districts reduce their energy consumption and to install renewable energy systems with the support of our HELiOS Project (Helios Energy Lights Our Schools). Visit the HELiOS Project website to learn how you can help your school district join the ranks of other California school districts that are already enjoying the benefits of energy conservation, energy efficiency, and renewable energy.

HELiOS is a simple concept – a school district pays for a photovoltaic system (PV) with a voter-approved bond or a low-interest bond or loan. In the latter case, the district pays for the PV system with the money it saves from reducing or, in some cases, eliminating its electricity bill. With the "cost" of money at an all time low and solar panel prices dropping significantly, the electricity savings should exceed the value of the payments on the PV system. The goal is to make the PV system transaction revenue-positive to the district from the moment the system is turned on!

You must visit the cusdsolar.org web site 

The COALITION of student clubs:

The Conservation Club

Kyle Krueger President, CUSD Solar Initiative: Head Coordinator

Jack Hartstein Vice President

Ally Novales Publicity Officer/Treasurer

Yi-Ann Li Secretary

Dylan Hansen Activities Director, 

 

San Juan Hills High School Ecology Action Team

Russell Tran Founder of CUSD Solar Students, CUSD Solar alumni

Declan Hayworth President

 

San Clemente High School Blue Oceans Club

Erika Hunting President, 

 

Aliso Niguel High School Environmental Club

Jake Zaleski President    

Raul Duarte Vice President

 

Tesoro High School Investment Club

Perry Meade - Former President, CUSD Solar alumni

 

If you note- the website has not posted any up-dates since November 2017

If you click on the Sign the Petition button on the CUSDsolar.org website the petition states that there have been 595 supporters not 1,438 as Kyle Krugger stated.

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The Petition was started by students and "Decision Makers" 

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August 17, 2016 Agenda Item #27 page 442

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Students were helped with a very slick web site called CUSDSolar.org

August 22, 2016 

Legal Memorandum from John P. Dacey, Esq. of Bergman Dacey Goldsmith, PLC (CUSDs' outside legal counsel) re: RFP process

 

CUSDWatch Comment 

This was not done through a competitive bid RFP process. Schneider Electric was pre-selected by Staff on a "best value" basis.

Legal Memorandum from John P. Dacey, Esq. of Bergman Dacey Goldsmith, PLC (CUSDs' outside legal counsel) concluded:

“the District’s RFP process conducted back in January 2016 was consistent with the California Energy Commission’s 2015 Program Implementation Guidelines, issued December 2014, and that the Board is authorized to award the implementation portion of the projects under the proposed Contract to Schneider Electric, Inc. as contemplated by the RFP."

August 23, 2016

PAY-TO-PLAY? 

Schneider Electric advocated for a YES on Prop 39

CASBO and all it's member and partners advocated for a YES on Prop 39

CUSDWatch Comment

School Districts; especially low poverty school districts run what is esentially a ponsi scheme. They are always looking for new revenues, especially grant revenues. The State of CA; by design, keeps low poverty school districts intentionally underfunded. The State can then use grant funds to direct district expenditures on specific programs.

The passage of Prop 39 is an example of how the State with-held $2.5 billion in education dollars from the Prop 98 Guarantee, and then gave schools the $2.5 billion back with the caveat that the money could only be spent on approved green energy projects. By accepting the Prop 39 Grant funds, CUSD also received access to $10 million in State modernization matching funds and $24 million in Federal CREB Bonds for a total of $44 million dollars in funding.

The Prop 39 projects cost $20 million which gave CUSD an "extra" $20 million dollars. 

Where is that money?

CUSD is repaying the $26 million in CREB Bonds over 25 years.

 

CASBO

CUSDWatch Comment 

CASBO (California Association of School Business Officials)  is one of hundreds of "Associations" - "Non-Profits" - "Foundations" - "Coalitions" that CUSD spends classroom dollars on memberships, professional development etc. The amount of money that CA School Districts spend on this is staggering.

CASBO is an association of school business officials that is also an advocacy organization that actively lobbies for school bond measures and increased education funding. 

CASBO then uses taxpayer money from school districts, to then lobby and advocate for things like the passage of Prop 39.

They also receive sponsoships from businesses like "Associate Member" SunPower who is then given aceess to every employee of a school districts business office to promote things like solar panels for every school site.

CASBO (California Association of School Business Officials) allowed member SUNPower to send a letter to all of it's members encouraging solar projects and the use of special funding sources to increase district revenues.

Public schools are prevented from "advocating" for political positions. But, they are using classroom dollars and organizations like CASBO to engage in political advocacy which is often against the interest of taxpayers and students.

 

CASBO: Stretch Your Energy Project Funding With Bonds

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Author
Courtesy of CASBO Associate Member SunPower
Date
Tuesday, August 23, 2016

 

With the new $9 billion state school bond on the November ballot, now is a great time for your district to generate new projects and seek avenues to secure matching local Qualified Zone Academy Bonds (QZABs) or Clean Renewable Energy Bonds (CREBs) financing to alleviate general fund pressures by lowering operating costs with energy-efficiency and solar projects. 

By using federally subsidized low-cost financing such as CREBs, districts will be able to stretch their project dollars further to complete a greater number of important and valuable projects.

Proceeds from the $9 billion in bonds proposed by this initiative would be stored in a 2016 State School Facilities Fund and a 2016 California Community College Capital Outlay Bond Fund.  These proceeds would be allocated for: 

  • $3 billion for the construction of new school facilities
  • $500 million for providing school facilities for charter schools
  • $3 billion for the modernization of school facilities
  • $500 million for providing facilities for career technical education programs
  • $2 billion for acquiring, constructing, renovating and equipping community college facilities 

Generating local general obligation (GO) bonds through California school bond elections has grown more successful in recent years with 81.53 percent of bond measures approved in 2014 and 90 percent approved in 2015, according to Ballotpedia.  

School districts with local GO bonds can receive matching funds from the state bond to complete projects which can lower your school district’s operating cash flow and free up cash in your general fund.

Particularly attractive opportunities to lower operating cash flows exist in modernization of facilities and lowering of utility costs.

Lowering utility costs can be done by improving energy efficient lighting and HVAC systems, managing energy better with energy intelligence software, or shaving high-cost peak energy usage with solar installations.

In addition to local funding sources, the federal government has additional programs that school districts can take advantage of. Federal QZAB matching — or zero-interest funding — can be used for renovation, energy, tech, equipment and curriculum projects.

CREBs are another source of low-cost financing given that bondholders receive a 70 percent subsidy in the form of federal tax credits in lieu of a portion of traditional bond interest, resulting in a lower effective interest rate for the borrower. This allows districts to ultimately borrow more total funding to complete more projects.

There are two main approaches to using CREBs to finance energy projects depending on whether a district prefers to back the bond with the general fund or GO bonds.

When CREBs are backed by the general fund as a revenue bond, there is no resulting tax burden from constituents. This allows the district to then pursue GO bonds that can be used for other important projects in the district’s project pipeline.

Alternatively, CREB financing can be backed by general obligation through taxes from local constituents. In this case, the general fund is not liable for these general obligation payments, alleviating pressure from the general fund. Furthermore, given the low interest rates, the district can issue more total GO bonds.

A great example of a successful project that leveraged the power of local bonds combined with CREBs is the Mt. Diablo Unified School District solar project.

Mt. Diablo Unified is saving an estimated $220 million over 30 years after installing solar across 51 school campuses.

The district sought local bonds in order to engage in capital expenditures to improve its long-term economic outlook.

The district also earned more than 60 percent voter approval in 2010 for its Measure C bond initiative. Harnessing solar power to qualify for CREBs, it was able to combine GO bonds with the CREBs to make the project financially attractive.

Beyond offering industry-leading solar power, SunPower helps schools thrive in an era of tight budgets, and brings solar innovation and knowledge into the classroom.

CASBO associate members are businesses and organizations that are actively engaged in supplying products or providing services to education agencies in California. If your business is interested in becoming a CASBO associate member, we encourage you to learn more about membership and consider making an investment that pays in school business relationships with the state’s K-14 decision makers.

< Back to eNewsletter

 

CUSDWatch Comment

RE: Tax Credits 

see: "How CREB Tax Credit Bonds Work"

These tax credits are worth a lot of money which CUSD did not take advantage of.

September 14, 2016 Agenda Item #1 PUBLIC HEARING: RESOLUTION NO. 1617-19, APPROVING ENERGY SERVICES CONTRACT WITH SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. FOR APPROVED PLAN NO. 1 (APPLICATION NO. 1497) FOR THE DISTRICT’S ENERGY CONSERVATION PROGRAM FOR SIX SCHOOL SITES 

Board Audio at 38:14

There were no Public Comments

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September 14, 2016 Agenda Item #29 RESOLUTION NO. 1617-19 RESOLUTION APPROVING ENERGY SERVICES CONTRACT WITH SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. FOR APPROVED PLAN NO. 1 (APPLICATION NO. 1497) FOR THE DISTRICT’S ENERGY CONSERVATION PROGRAM FOR SIX SCHOOL SITES Maximum price: $2,490,333.00 page 599

Trustees approved a $2,490,333 energy services contract with Schneider Electric

Board Audio at 1:41:43

Presentation by Mark Starkey of Schneider Electric

Goals:

1. Optimize and Maximize Prop 39 Funds

2. Improve the Learning Environment

3. Redirect as much utility dollars as possible back into the classroom

Submitted a Phase I Plan to the CEC on June 1, 2016. $2.4 million dollar lighting retrofit at 6 high schools.

The plan was approved on June 27, 2016

If you approve the plan before July 31, 2016 CUSD should receive the funds by September 1, 2016.

$227,000 in annual energy savings plus there is a one-time rebate of $100,000 coming from utility companies for installing LED lighting.

Construction starts mid-november through holidays so not to obstruct classroom time.

Student Engagement

Feasibility study as a result of the August meeting with students. Invite students to sit on the evaluation team.

Plan 2 (solar panels on six high schools) submitted this week. We will not only train staff, but we will train students as well. 

Additional rebates will be available for the next phase.

Clark and John charged us with

Transportation North- new natural gas

3 High School that have new buildings coming on line

District Office

SDG&E rates are substantially hire than SoCal Edison- need solar on SDG&E sites.

Suggest CUSD start with District offices- biggest bang for your buck. Do lighting and solar.

Communications developement/ Marketing and Branding Plan 

Board Audio at 1:53:14 Trustee Amy Hanacek re: student engagement

Board Audio at 1:53:55 Quinn Student Advisor would like to help with student advisor

Board Audio at 1:54:40 Trustee Reardon - Confirmed that CUSD is only doing exterior lighting. 

Board Audio at 1:58:10 Trustee Jones - comment re: SDG&E vs SoCAL Edison- pick and choose solar locations. 

Response- without a battery you have to remain site specific.

Board Audio at 2:00.35 Trustee Jones- we cannot just start at the District Office- we also have to address our older sites.

What are we approving today?

Response: $2.49 million covers all costs for 6 High Schools.

$4.94 million is the remaining Grant balance from the first 3 years of allocation.

+ 2 additional years of allocations.

The allocation for each district is based on ELL and Free and Reduced Lunch The State made $5 billion dollars available under Prop 39.

Board Audio 2:07:20 Trustee Hanacek Parking lot canopies. Wanted to use the District Office as a pilot.

Board Audio 2:09:10 Trustee Pritchard asked about Clean Energy Jobs for Community College students.

Board Audio 2:09:50 Trustee Pritchard The District Office is critcized for its lights being on all the time.

Can we utilize unusable sloped land that costs us money to maintain.

Board Audio 2:12:00 Trustee Alpay can we get Certified projects 

Board Audio 2:13:36 The Board was required to read findings #1 and #2 into the record.

 

 

CUSDWatch Comment

Finding No 2 below, is an admission that Schneider Electric was chosen based on "best value" and not through a competitive RFP process. 

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October 19, 2016 

The entire $2.5 million in Prop 39 Grant Funds went to the Company (Schneider Electric) who lobbied for the passage of Prop 39 

19/10/2016

Capistrano Unified School District Partners with Schneider Electric to Secure $2.5 Million in Prop 39 Funding

ANDOVER, Mass. – October 19, 2016 – The Capistrano Unified School District (CUSD) today announced the California Energy Commission’s approval of $2.5 million in grant funding for energy efficiency improvements through the Proposition 39 Clean Energy Jobs Act (Prop 39). CUSD has selected Schneider Electric, the global specialist in energy management and automation, to implement efficiency projects that will save the district $227,000 in annual energy costs and secure $100,000 in energy rebates.
Link to Source Press Release

 

Schneider Electric, the global specialist in energy management and automation, along with the Capistrano Unified School District (CUSD) today announced the California Energy Commission’s approval of $2.5 million in grant funding for energy efficiency improvements through the Proposition 39 Clean Energy Jobs Act (Prop 39). CUSD has selected Schneider Electric to implement efficiency projects that will save the district $227,000 in annual energy costs and secure $100,000 in energy rebates.

CUSD faced challenges with aging infrastructure and outdated lighting systems in its high school buildings, which led to mounting utility costs. Through the partnership with Schneider Electric, CUSD will execute an energy savings plan that will achieve more than 1 million kWh in annual energy savings and reduce its utility bills by 10 percent. The project involves installing high efficiency LED lighting in six of the district’s high school campuses.

The Schneider Electric team helped CUSD navigate the complex system to secure Prop 39 grant funding and develop a plan to implement the funding to the fullest extent. Prop 39, which made $550 million available annually to improve schools’ energy efficiency and expand clean energy programs, is an important funding source in California.

“The time was right for the Capistrano USD to embark on an energy savings plan because our energy costs were escalating and the advent of Prop 39 funding gave us the opportunity to pay for critical projects without taking resources from our classrooms,” said CUSD Board President, Amy Hanacek. “We’re delighted to kick off this project and create more energy efficient spaces that will also create compelling learning opportunities for students.”

The energy efficiency project will offer CUSD students hands-on exposure to energy engineering and sustainable energy management, supporting the district’s commitment to STEM and STEAM curriculum. Students will be involved in the auditing, monitoring, and measurement and verification of electricity usage as an educational tool to establish innovation at every level within the school system. CUSD will also use Schneider Electric’s Resource Advisor software platform to measure and analyze energy spend, connecting energy data to analytics to guide decisions around energy use. Using Resource Advisor, district staff and students will be able to see energy use in real-time, determining where high energy use occurs and where energy reduction measures can be implemented.

“We’re excited to help the Capistrano USD join many other California schools in leveraging Prop 39 funding to meet their energy savings goals,” said Tammy Fulop, Vice President, Schneider Electric. “At Schneider Electric, we take great pride in helping schools maximize their Prop 39 allocation to drive significant energy savings that can be reinvested into educational programs. The added component of involving students in learning about energy management is a unique and exciting part of the CUSD project which will help create the next generation of energy leaders.”

In addition to annual energy savings, the project will also have a substantial environmental impact, removing 261 metric tons of CO2 from the atmosphere, which is equivalent to removing 56 cars from the road or planting 10,442 acres of trees.

Over the past 23 years, Schneider Electric has successfully implemented more than 575 ESPC projects across the nation, savings its clients nearly $2 billion. This project delivery method helps publicly funded entities make capital improvements over longer payback periods and offers many long-term benefits such as improved facility efficiency, occupant comfort, financial management and environmental protection.

For more information on Schneider Electric’s approach to performance contracting, please visit http://www.enable.schneider-electric.com.

About Schneider Electric

Schneider Electric is the global specialist in energy management and automation. With revenues of ~$30 billion in FY2015, our 160,000+ employees serve customers in over 100 countries, helping them to manage their energy and process in ways that are safe, reliable, efficient and sustainable. From the simplest of switches to complex operational systems, our technology, software and services improve the way our customers manage and automate their operations. Our connected technologies reshape industries, transform cities and enrich lives. At Schneider Electric, we call this Life Is On.

October 26, 2016

CEC (California Energy Commission) approves Phase 2 - solar panels on CUSD's six high schools

$3,409,320.00

 

 

 

CUSDWatch Comment 

The District’s Energy Conservation Program Application 1646 was approved by the California Energy Commission (CEC) on October 26, 2016 for Plan No. 2 in the amount Three Million Four Hundred and Nine Thousand Three Hundred and Twenty Dollars and No Cents ($3,409,320.00)

This was brought to the Board 7 months later for approval

May 10, 2017 CUSD BOT Meeting Agenda Item #2 page 2

PUBLIC HEARING:  RESOLUTION NO. 1617-75, APPROVING ENERGY SERVICES CONTRACT WITH SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. FOR APPROVED PLAN NO. 2 (APPLICATION NO. 1646) FOR THE DISTRICT’S ENERGY CONSERVATION PROGRAM FOR SIX SCHOOL SITES: 

Board Audio at 41:23 PUBLIC HEARING

Public Comment

Board Audio at 41:50 Dawn Urbanek- Questioned the Legal Memorandum Re RFP Process and the 2 Findings in the Resolution. No Documentation of any other bids. Pay to Play contract to a company who advocated for the passage of Prop 39

May 10, 2017 CUSD BOT Meeting Agenda Item #29 page 466

RESOLUTION NO. 1617-75, APPROVING ENERGY SERVICES CONTRACT WITH SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. FOR APPROVED PLAN NO. 2 (APPLICATION NO. 1646) FOR THE DISTRICT’S ENERGY CONSERVATION PROGRAM FOR SIX SCHOOL SITES:

School  Project Cost  Annual Savings
San Clemente High School  $697,089.00  $97,987.00
San Juan Hills High School  $735,192.00  $242,632.00
Tesoro High School   $870,123.00 $110,089.00
Aliso Niguel High School   $564,219.00 $89,449.00
Capistrano Valley High School  $666,867.00 $117,801.00
Dana Hills High School   $162,803.00 $10,384.00
Total Grant Amount $3,696,293.00 $668,342.00
District Office Not Included in the Application

 

Application [page 499] Grant Amount Requested: $3,696,293.00

Escrow Agreement For Security Deposits in Lieu of Retention [page 507]

Payment Bond [page 510]

Performance Bond [page 513]

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San Clemente High School
Total Project Cost  $697,089.00
Total Annual Cost Savings  $97,987.00

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San Juan Hills High School
Total Project Cost  $735,192.00
Total Annual Cost Savings  $242,632.00

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Tesoro High School
Total Project Cost  $110,089.00
Total Annual Cost Savings  $870,123.00

Screen_Shot_2019-10-21_at_1.31.59_PM.png

Aliso Niguel High School
Total Project Cost  $564,219.00
Total Annual Cost Savings  $89,449.00

Screen_Shot_2019-10-21_at_1.54.22_PM.png

Capistrano Valley High School
Total Project Cost  $666,867.00
Total Annual Cost Savings  $117,801.00

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Dana Hills High School
Total Project Cost  $162,803.00
Total Annual Cost Savings  $10,384.00

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December 14, 2016 Facilities Corporation Meeting Agenda Item #A Adoption of Corporation Resolution No. 2016-01, Resolution of the Board of Directors of the Capistrano Unified School District Facilities Corporation Holding Annual Meeting and Electing Officers of the Corporation

Board Audio at 3:29:38

Names the Officers of the Facilities Corporation for 2016

Directors approved Item A 4-0-3 

 

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December 14, 2016 Facilities Corporation Meeting Agenda Item #B Approval of the minutes of the December 14, 2015, Board of Directors’ meeting

Board Audio at 3:31:05

Approved minutes for the December 14, 2015 Facilities Corporation Meeting

Directors approved Item B 4-0-3 

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February 22, 2017 Agenda Item #4 Amendment to Contracts page 58 of 479 and Contract at page 151 of 479

Staff amended Schneider Electric's Contract to extend the term through 2-14-2021

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April 24, 2017

Notice of Public Hearing to approve energy services contract with Schneider Electric in the amount of $3,409,320

Notice of Public Hearing: Resolution No. 1617-75 

To Approve the proposed Energy Services Contract with Schneider in the Guaranteed Maximum Price amount of Three Million Four Hundred and Nine Thousand Three Hundred and Twenty Dollars and No Cents ($3,409,320.00), as described above and as set forth in said Contract Documents; and

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May 10, 2017 CUSD BOT Meeting Agenda Item #2 page 2

PUBLIC HEARING: Energy Services Contract with Schneider Electric

PUBLIC HEARING:  RESOLUTION NO. 1617-75, APPROVING ENERGY SERVICES CONTRACT WITH SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. FOR APPROVED PLAN NO. 2 (APPLICATION NO. 1646) FOR THE DISTRICT’S ENERGY CONSERVATION PROGRAM FOR SIX SCHOOL SITES: 

Board Audio at 41:23 PUBLIC HEARING

Public Comment

Board Audio at 41:50 Dawn Urbanek- Questioned the Legal Memorandum Re RFP Process and the 2 Findings in the Resolution. No Documentation of any other bids. Pay to Play contract to a company who advocated for the passage of Prop 39

Screen_Shot_2019-10-24_at_12.47.18_PM.png

May 10, 2017  Agenda Item #29 page 446

Board Audio at 2:17:12

CUSD adpoted Resolution No 1617-75 approving an energy service contract with Schneider Electric in the amount of $3,409,320

Vendor Payments over $250,000 as of 4/20/17  Page 66 of 598

Schneider Electric $1,176,427.38

Board Audio at 2:17:50 Clark Hampton Procedural Items that need to be done regarding this Item- findings need to be read into the Agenda Item.

Public Comments

Board Audio at 2:18:33 Dawn Urbanek During the Public Hearing I asked that this item be pulled because of a lack of documentation. The Public's interest is not being served. 

Board Audio at 2:17:50 Clark Hampton Prop 39 Funds are received in the General Fund. Why?

Board Audio at 2:22:19 Trustee McNicholas reads the findings into the record.

Trustee Comments

Board Audio at 2:23:50  Trustee Hatton Hodson Point of Order. Discussion on procedure of Public Hearing confirmed by Attorney from Bergman Dacy Goldsmith.

Board Audio at 2:25:29 Trustee Reardon - This procedure is kind of unusual why are we doing this? 

RESPONSE: CA Government Code 4227 related to energy services contracts.

Board Audio at 2:25:56 Trustee Hatton Hodson the Public should not be able to comment on staff.

Board Audio at 2:26:36 Trustee McNicholas Agree with Trustee Hatton Hodson's assessment of Clark. 

Discussion on how to limit the Public Speech

Board Audio 2:28:42 Motion to accept the findings

Board Audio 2:28:55 Motion to approve the resolution 

 

Energy Services Contract between Capistrano Unified School District and Schneider Electric Buildings Americas, Inc [page 449]

Equipment Repair Work [page 465] Existing equipment throughout the high schools is in need of repair or replacement. There is an allowance of $361,304.96

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May 10, 2017 Agenda Item #5 page 71

New contract with Government Financial Strategies in the amount of $9,000 from Prop 39 funds

This item was passed on the Consent Calendar without Board Discussion

PSA 1617284 Contract with Government Financial Strategies

Provide analysis review and evaluation of a Districtwide solar projects for District 5/11/17 to 5/10/18.

New Contract: $9,000 from Prop 39 Funds.Screen_Shot_2019-10-24_at_1.16.01_PM.png

May 10, 2017 Agenda Item #5 page 79

New contract with ARC Alternatives in the amount of $43,840 from Prop 39 funds

PUBLIC COMMENT

Students were given Extra Credit to come and advocate for Solar Panels. 

Board Audio at 45:15 Jack Hartstein Tesoro High School in support of using Prop 39 Funds to support hiring an independent energy advisor.

Board Audio at 48:32 Russell Tran San Juan Hills High School. There are ways to finance solar. Roofs of the new budilings on three schools are designed for solar panels

Board Audio at 50:43 Perry Mead Tesoro High School reasons why CUSD should go solar. Irvine saves millions. Temecula Valley will save $35 million over 25 years. Saddleback valley saves $35- 40 million dollars over the next 25 years.

Board Audio at 53:28 Ava Harvey San Clemente High School completed financial analysis of solar project at Tesoro.

Board Audio at 56:05 Erica Hunting from San Clemente High School. Benefits of solar. School moral.

Board Audio at 58:30 Ali Navarace Tesoro High School re: the petition in support of solar. 

Board Audio at 1:01:04 Kyle Kruger President, CUSD Solar Initiative: Head Coordinator  Process to finish the project. Students involved in the RFP process. The savings look very promising. Vote yes for allocation of Prop 39 funds.

Board Audio at 1:01:19 CLark Hampton- approval of ARC to be an independent advisor to anaylise the cost/benefit.

Board Audio at 1:05:10 Trustee Hanacek re: Student Empowerment

Board Audio at 1:06:04  Trustee Patricia Holloway 

Board Audio at 1:06:40 Trustee Gila Jones in favor 

Board Audio at 1:07:33 Trustee Hatton-Hodson 

Board Audio at 1:08:10 Trustee Holloway- Vote on this

The Contract with ARC was approved by unanimous vote of the Board.

CUSDWatch Comment 

If you look at the January 24, 2018 CUSD BOT Meeting Agenda Item 38 FINANCING RESULTS OF CLEAN RENEWABLE ENERGY BONDS FOR SOLAR ENERGY PROJECTS Staff is representing that on May 10, 2017, the Board of Trustees authorized ARC Alternatives, an independent energy advisor, to conduct a solar feasibility study. The feasibility study provides a framework for then issuing a Request for Proposals (RFP) to solar vendors.

ARC Alternatives was not on the May 10, 2017 Board meeting as a Discussion/Action Item. The following 2 contracts were passed on the Consent Calendar without discussion.

May 10, 2017 CUSD BOT Meeting Agenda Item #5 at page 67 of 598 PSA 1617287 Prop 39 ARC Alternatives Contract for $43,840.00 was passed as part of the Consent Calendar without Discussion. The Contract is at page 79.

May 10, 2017 CUSD BOT Meeting Agenda Item #5 at page 67 of 598 PSA 1617284 Prop 39 Government Financial Strategies to provide an analysis review and evaluation of a Districtwide solar projects for District Contract for $9,000.00 was passed as part of the Consent Calendar without Discussion. The Contract is at page 79.

 

PSA 1617287 Contract with Arc Alternatives

Provide professional consulting analysis, evaluation and feasibility of potential solar projects at six high schools and District Office, including RFP preparation and support.

New Contract: $43,840 from Prop 39 Funds

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June 2017 

CUSD Staff submitted the application for CREBS.

Did Staff do this without the approval of the Board?