Section § 26210

Explanation

This law establishes the Citizens Oversight Board, made up of nine members: three appointed by the Treasurer, three by the Controller, and three by the Attorney General. Each must include a professional in construction or design, finance, and energy efficiency. The Public Utilities Commission and Energy Commission appoint non-voting members. The board's responsibilities include reviewing expenditures from the Job Creation Fund, commissioning audits, publishing financial information, and submitting evaluations to the Legislature to ensure objectives are met.

(a)CA Public Resources Code § 26210(a) The Citizens Oversight Board is hereby created.
(b)CA Public Resources Code § 26210(b) The board shall be composed of nine members: three members shall be appointed by the Treasurer, three members by the Controller, and three members by the Attorney General. Each appointing office shall appoint one member who meets each of the following criteria:
(1)CA Public Resources Code § 26210(b)(1) An engineer, architect, or other professional with knowledge and expertise in building construction or design.
(2)CA Public Resources Code § 26210(b)(2) An accountant, economist, or other professional with knowledge and expertise in evaluating financial transactions and program cost-effectiveness.
(3)CA Public Resources Code § 26210(b)(3) A technical expert in energy efficiency, clean energy, or energy systems and programs.
(c)CA Public Resources Code § 26210(c) The California Public Utilities Commission and the California Energy Commission shall each designate an ex officio member to serve on the board.
(d)CA Public Resources Code § 26210(d) The board shall do all of the following:
(1)CA Public Resources Code § 26210(d)(1) Annually review all expenditures from the Job Creation Fund.
(2)CA Public Resources Code § 26210(d)(2) Commission and review an annual independent audit of the Job Creation Fund and of a selection of projects completed to assess the effectiveness of the expenditures in meeting the objectives of this division.
(3)CA Public Resources Code § 26210(d)(3) Publish a complete accounting of all expenditures each year, posting the information on a publicly accessible Internet Web site.
(4)CA Public Resources Code § 26210(d)(4) Submit an evaluation of the program to the Legislature identifying any changes needed to meet the objectives of this division.

Section § 26211

Explanation

This section states that the board will receive its funding through the annual Budget Act, but only if the Legislature decides to allocate the money for it.

Funding for the board shall be available, upon appropriation by the Legislature, in the annual Budget Act.

Section § 26212

Explanation

Board members have a four-year term and can be reappointed for up to two more terms. A majority of members are needed to make decisions. The principal office is in Sacramento at a specific commission's office. Each member gets one vote, and all decisions are recorded. Members choose a chair and vice chair from among themselves. They don't get paid but can be reimbursed for necessary expenses, which must be approved by the chair and paid as per specific rules.

(a)CA Public Resources Code § 26212(a) Members of the board shall serve for a term of four years and may be reappointed for up to two additional terms.
(b)CA Public Resources Code § 26212(b) A majority of board members shall constitute a quorum.
(c)CA Public Resources Code § 26212(c) The board’s principal office shall be located in the State Energy Resources Conservation and Development Commission’s office in Sacramento.
(d)CA Public Resources Code § 26212(d) Each board member shall be entitled to one vote. All votes shall be recorded and reported in the minutes of the board.
(e)CA Public Resources Code § 26212(e) The board shall select from among its members a chair and a vice chair, as provided in Section 26214.
(f)CA Public Resources Code § 26212(f) Members of the board shall not be compensated for their service, but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.
(g)CA Public Resources Code § 26212(g) Requests for reimbursement for actual and necessary expenses shall be submitted to the chair for approval and may be paid in accordance with Section 26217.

Section § 26213

Explanation

This section outlines the responsibilities and procedures for board meetings. The board is required to meet at least four times a year, but more if needed. The chairperson, with staff help, prepares meeting agendas ahead of time, gathering input from board members, staff, and the public. The board and its committees must follow the rules set by the Bagley-Keene Open Meeting Act, ensuring meetings are open and transparent. They must also adhere to the California Public Records Act, which mandates openness in managing public records.

(a)CA Public Resources Code § 26213(a) The board shall meet at least four times per year or as often as the chair or the board deems necessary to conduct its business.
(b)CA Public Resources Code § 26213(b) The chair shall, with the assistance of staff, prepare the agenda for each board meeting. Meeting agendas shall be prepared in advance of each meeting based on input from board members, staff, and the public.
(c)CA Public Resources Code § 26213(c) The board and any committees established by the board shall comply with, and be subject to, the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(d)CA Public Resources Code § 26213(d) The board shall comply with, and be subject to, the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

Section § 26214

Explanation

This law outlines how the board manages its leadership and operations. Initially, all nine board members must be appointed before the first meeting, which is called by the Treasurer, Controller, and Attorney General. At this first meeting, a chair and vice-chair are elected each year, starting their term on July 1. If there's a vacancy, the board elects someone to fill the role temporarily, with the vice-chair stepping in as needed. The board also creates its own rules, aligning with other state boards. The chair leads meetings, appoints committee chairs, prepares agendas, and acts as spokesman, among other duties. The vice-chair supports the chair and is ready to step in if needed. Board staff must avoid duplicating work done by other state agencies.

(a)CA Public Resources Code § 26214(a) The first meeting of the board, at which a chair shall be selected, may be held upon appointment of all nine members of the board and shall be called jointly by the Treasurer, the Controller, and the Attorney General.
(b)CA Public Resources Code § 26214(b) The board shall elect a chair and vice chair at the first meeting of the board each year and each such individual shall hold office for one year commencing on the following July 1 and ending when his or her successor takes office. If there is a vacancy during the year in the office of the chair or vice chair, a majority of the active members of the board shall elect a replacement chair or vice chair to serve the remainder of the year. If the interim vacancy is in the office of the chair, then the vice chair shall perform the duties of the chair until a successor is elected.
(c)CA Public Resources Code § 26214(c) The board shall establish rules of operation for the board that are consistent with the rules and practices applicable to other state boards.
(d)CA Public Resources Code § 26214(d) In the absence of the chair during a meeting, the vice chair shall perform all of the functions of the chair.
(e)CA Public Resources Code § 26214(e) The chair shall oversee meetings, serve as an ex officio member of all committees, work in partnership with staff to ensure board resolutions are carried out, call special meetings if necessary, appoint all committee chairs and recommend who will serve on committees, prepare agendas for meetings, coordinate the hiring and evaluations of staff and consultants, act as spokesperson for the board, periodically consult with board members on their roles, and ensure that the rules of procedure and decorum contained in this chapter are observed and enforced.
(f)CA Public Resources Code § 26214(f) The vice chair shall carry out special assignments as requested by the chair, understand the responsibilities of the chair, and be able to perform the duties of the chair in the chair’s absence.
(g)CA Public Resources Code § 26214(g) Board staff activities shall not be duplicative of ongoing efforts by other state agencies, including, but not limited to, the State Department of Education and the State Energy Resources Conservation and Development Commission.

Section § 26215

Explanation

This law section allows the board to create committees as needed and set their roles and rules. The chair, with the board's approval, can define what each committee does and its authority. Committees must meet and report as required by the chair or board, and in the chair's absence, the vice chair takes over routine matters. The board can adjust a committee's role anytime. Committees can act within their set authority without needing further board approval, but they can't make public statements or decisions outside their authority without the board's consent.

(a)CA Public Resources Code § 26215(a) The board may establish committees as it deems necessary and appropriate. The chair may, with board approval, define and limit a committee’s scope and authority, and establish rules of operation for the committees.
(b)CA Public Resources Code § 26215(b) Each committee shall meet and shall make recommendations and reports as deemed necessary or appropriate by the chair or the board.
(c)CA Public Resources Code § 26215(c) In the absence of the committee chair, the vice chair shall conduct routine business matters and meetings of the committee.
(d)CA Public Resources Code § 26215(d) The status, purpose, and authority of a committee shall be determined by the chair and approved by the board at the time the committee is established by the board. The board may modify a committee’s status, purpose, or authority at any time.
(e)CA Public Resources Code § 26215(e) A committee may act within its delegated authority without further approval of the board. Committees and committee members shall not make or issue policy statements, recommendations, or media releases without prior approval of the board. A committee activity that implies action by the board or is outside the committee’s delegated authority is prohibited without specific board approval.

Section § 26216

Explanation

This law requires the board to create and distribute an annual report about its activities, findings, and recommendations to the Governor, Legislature, and public. The report should cover the board's activities from the previous year and be ready within 90 days of year-end.

The chair starts by preparing a draft report, which is then discussed and possibly amended in a board meeting after public comments. The finalized report must be published on the board’s website and submitted to the Legislature as specified in another government regulation.

(a)CA Public Resources Code § 26216(a) The board shall review and evaluate the progress and status of projects and shall prepare, approve, and distribute annual reports of its activities, findings, and recommendations to the Governor, the Legislature, and the public, to the extent these actions are consistent with subdivision (d) of Section 26210. Each annual report shall concern the activities of the board and its committees during the preceding calendar year and shall be distributed within 90 days of the end of the calendar year to which it pertains.
(b)CA Public Resources Code § 26216(b) The process for preparing, approving, and distributing the annual reports shall be as follows:
(1)CA Public Resources Code § 26216(b)(1) The chair shall be responsible for preparing a draft annual report that shall be presented at a regularly scheduled meeting of the board.
(2)CA Public Resources Code § 26216(b)(2) The draft annual report shall be discussed and considered by the board at the meeting and shall be approved as presented or with amendments or changes following the opportunity for, and receipt of, any public comment.
(3)CA Public Resources Code § 26216(b)(3) After the meeting, the annual report shall be put into its final approved form and shall be distributed and published on the board’s Internet Web site.
(c)CA Public Resources Code § 26216(c) The annual report distributed pursuant to this section shall be submitted to the Legislature in accordance with Section 9795 of the Government Code.

Section § 26217

Explanation

The rules cover how the board should manage and report its expenses. Expenses must follow the State Administrative Manual, and the board can authorize its chair or staff to approve and pay expenses. If any spending exceeds the budget or needs more review, the board will discuss it at their next meeting. The chair monitors the budget and updates the board on whether they are staying on track financially. If the chair testifies in front of a state authority, their travel and other necessary expenses will be reimbursed. All board expenses must be included in the annual report.

(a)CA Public Resources Code § 26217(a) Expenses of the board shall be accounted for and paid in a manner that is consistent with the State Administrative Manual and any related processes and procedures. The board may delegate to the chair or staff the authority to approve expenses, pay expenses, or both.
(b)CA Public Resources Code § 26217(b) Expenditure items exceeding the board’s budget, or expenditure items the chair deems worthy of further consideration, shall be brought before the board for consideration at the next meeting.
(c)CA Public Resources Code § 26217(c) The chair shall be responsible for tracking the board’s budget and regularly reporting to the board if expenditures are within the amounts planned and what steps have been taken or are proposed to be taken to ensure that the board has sufficient funds to accomplish its annual mission.
(d)CA Public Resources Code § 26217(d) The chair may testify before a state authority and his or her actual and necessary travel, meal, and lodging expenses shall be reimbursed.
(e)CA Public Resources Code § 26217(e) The expenses of the board shall be published in the board’s annual report required by Section 26216.