BILL NUMBER: ABX2 19	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Florez and Ashburn
   (Principal coauthor: Senator Costa)

                        MAY 17, 2001

   An act to amend Section 377 of the Public Utilities Code, relating
to electric power.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 19, as introduced, Florez.  Facilities: electric power.
   Existing law requires the Public Utilities Commission to regulate
facilities for the generation of electricity owned by any public
utility prior to January 1, 1997, until the owner of those facilities
has applied to the commission to dispose of those facilities and has
been authorized by the commission to undertake that disposal.
Existing law prohibits any facility for the generation of electricity
owned by a public utility to be disposed of prior to January 1,
2006.
   This bill would exempt  the Kern Power Plant in
Bakersfield, California  from that prohibition  any
public utility-owned facility for the generation of electricity that
has not been operated for at least 10 years and that has not had a
permit to generate electricity for at least 5 years.  It also would
require that any facility exempt from this prohibition shall be sold
subject to the requirement that the entity purchasing the facility
shall enter into contracts to sell power generated by the facility to
the Department of Water Resources or to a public utility subject to
the jurisdiction of the commission at rates established on a
cost-of-service basis  .
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
no   yes  . State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 377 of the Public Utilities Code is amended to
read:
   377.  (a) The commission shall continue to regulate the facilities
for the generation of electricity owned by any public utility prior
to January 1, 1997, that are subject to commission regulation until
the owner of those facilities has applied to the commission to
dispose of those facilities and has been authorized by the commission
under Section 851 to undertake that disposal.  Notwithstanding any
other provision of law, no facility for the generation of electricity
owned by a public utility may be disposed of prior to January 1,
2006.  The commission shall ensure that public utility generation
assets remain dedicated to service for the benefit of California
ratepayers.
   (b) This section does not apply to the disposition of  the
Kern Power Plant in Bakersfield, California.  
  SEC. 2.  Due to the unique facts and circumstances applicable to
the Kern Power Plant in Bakersfield, California, the Legislature
finds and declares that a general statute cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution.  Special legislation is, therefore, necessarily
applicable to only this power plant.   any public
utility-owned facility for the generation of electricity that has not
been operated for at least 10 years and that has not had a permit to
generate electricity for at least five years.
   (1) Any facility to which this subdivision applies shall be sold
subject to the requirement that the entity purchasing the facility
shall enter into contracts to sell power generated by the facility to
the Department of Water Resources or to a public utility subject to
the jurisdiction of the commission at rates established on a
cost-of-service basis.
   (2) Any contract to sell power required by paragraph (1),
including all rates and costs contained therein, shall be subject to
approval by the commission.