• Prop 39 Updates, Reminders and Deadlines for 2017

    Dana Armanino from the Marin County Community Development Agency has provided the following information and Schedule of Total Award Allocations for the Proposition 39 - California Clean Energy Jobs:

    The CEC has released some updated deadlines that are fast approaching that I would like you all to be aware of and some reminders on implementing requirements. Please review this email closely and if you have any questions either let me know or visit the CEC’s Prop 39 website for more details.

    • August 1, 2017  - the CEC has just announced that this is the date by which a district can submit an Energy Expenditure Plan. So if you have not yet submitted your final plan to access all of your funding, you will need to get on that as soon as possible.
    • June 30, 2018 – LEA’s final encumbrance date – As defined by the Dept of Education, an encumbrance is “a commitment in the form of a purchase order or offer to buy goods or services”. Basically, you have until June 30, 2018 to either submit a purchase order for equipment or sign a contract to install a project.
    • June 30, 2020 – final date by which all projects must be completed
    • June 30, 2021 – Final date by which final reports must be submitted

    Sole Source Reminder from the CEC:

    The CEC put an update on the Prop 39 website reminding Districts that Prop 39 can’t be used as an excuse to sole source a project. Specifically, they said:
    “Proposition 39 funds must be awarded in accordance with state statutes, regulations, and the Proposition 39 Implementation Guidelines. Public Resources Code (PRC) Section 26235(c) states, “A community college district or LEA shall not use a sole source process to award [Proposition 39] funds ...” PRC Section 26206(d) states, “All projects shall require contracts that identify the project specifications, costs, and projected energy savings.” The Proposition 39 Implementation Guidelines are available on the Proposition 39 K-12 Program website.
    Note: In February a new certification will appear in the energy expenditure plan application:

    ‘The LEA commits to following all contracting requirements in the Proposition 39 Guidelines, including not using a sole source process to award funds and providing a clear and accurate description of the eligible energy project in all contracts.’”


    The CEC released an updated inventory of the Prop 39 allocations in December. The amounts did not change from the sheet they released in October.

    Public Works Project Award Notification and Payroll Reporting

    Existing law (Labor Code Section 1773.3) requires an LEA to notify the Department of Industrial Relations of any public works project within five days after the public works contract is awarded. Notification must be provided online using the PWC-100 form found at the California Department of Industrial Relations website. he PWC-100 includes a question about whether the project has or will receive funding from Proposition 39, and the LEA should be sure to answer “Yes” to this question. This requirement becomes mandatory for bids submitted on or after March 1, 2015, and for contract awards and work performed on or after April 1, 2015.

    Contractors and subcontractors on funded projects will be required to furnish certified payroll records directly to the Department of Industrial Relations in accordance with Labor Code Sections 1771.4(a) and 1776. The LEA’s bid and contract documents must include notice of this requirement. In addition, contractors and subcontractors must be registered with the Department of Industrial Relations in order to bid or work on any public works project. The Department maintains a list of registered contractors and subcontractors on its website.

    If you are working with Smartlights on a lighting project, they are aware of the requirement and have notified their participating contractors. Your responsibility is to register the project with the DIR within five days of signing their final authorization to begin work which you do to initiate the installation.
    For those going out to bid for any Prop 39 project, be sure to include this requirement in your bid documents.
    Dana Armanino
    Senior Planner, Sustainability Team
    Marin County Community Development Agency
    3501 Civic Center Drive, Rm 308, San Rafael, CA 94903
    415-473-3292 T
    415-473-7880 F
    CRS Dial 711