Chapter 3 - Accountability, Independent Audits, Public Disclosure

California Public Resources Code — §§ 26210-26217

Sections (8)

(a)The Citizens Oversight Board is hereby created.

(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)An engineer, architect, or other professional with knowledge and expertise in building construction or design.

(2)An accountant, economist, or other professional with knowledge and expertise in evaluating financial transactions and program cost-effectiveness.

(3)A technical expert in energy efficiency, clean energy, or energy systems and programs.

(c)The California Public Utilities Commission and the California Energy Commission shall each designate an ex officio member to serve on the board.

(d)The board shall do all of the following:

(1)Annually review all expenditures from the Job Creation Fund.

(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)Publish a complete accounting of all expenditures each year, posting

the information on a publicly accessible Internet Web site.

(4)Submit an evaluation of the program to the Legislature identifying any changes needed to meet the objectives of this division.

§ 26211

Amended by Stats. 2017, Ch. 55, Sec. 2. (SB 110) Effective July 10, 2017.

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

§ 26212

Amended by Stats. 2017, Ch. 55, Sec. 3. (SB 110) Effective July 10, 2017.

(a)Members of the board shall serve for a term of four years and may be reappointed for up to two additional terms.

(b)A majority of board members shall constitute a quorum.

(c)The board’s principal office shall be located in the State Energy Resources Conservation and Development Commission’s office in Sacramento.

(d)Each board member shall be entitled to one vote. All votes shall be recorded and reported in the minutes of the board.

(e)The board shall select from among its members a chair and a vice chair, as provided in Section 26214.

(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)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.

§ 26213

Amended by Stats. 2021, Ch. 615, Sec. 387. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.

(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)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)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)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).

§ 26214

Amended by Stats. 2017, Ch. 55, Sec. 5. (SB 110) Effective July 10, 2017.

(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)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)The board shall establish rules of operation for the board that are consistent with the rules and practices applicable to other state boards.

(d)In the absence of the chair during a meeting, the vice chair shall perform all of the functions of the chair.

(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)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)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.

§ 26215

Amended by Stats. 2017, Ch. 55, Sec. 6. (SB 110) Effective July 10, 2017.

(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)Each committee shall meet and shall make recommendations and reports as deemed necessary or appropriate by the chair or the board.

(c)In the absence of the committee chair, the vice chair shall conduct routine business matters and meetings of the committee.

(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)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.

§ 26216

Amended by Stats. 2017, Ch. 55, Sec. 7. (SB 110) Effective July 10, 2017.

(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)The process for preparing, approving, and distributing the annual reports shall be as follows:

(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)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)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)The annual report distributed pursuant to this section shall be submitted to the Legislature in accordance with Section 9795 of the Government Code.

§ 26217

Amended by Stats. 2017, Ch. 55, Sec. 8. (SB 110) Effective July 10, 2017.

(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)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)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)The chair may testify before a state authority and his or her actual and necessary travel, meal, and lodging expenses shall be reimbursed.

(e)The expenses of the board shall be published in the board’s annual report required by Section 26216.