BILL NUMBER: ABX2 5	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Kelley

                        MAY 15, 2001

   An act to add Section 739.9 to the Public Utilities Code, relating
to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 5, as introduced, Kelley.  Rates: baseline quantities.
   (1) The Public Utilities Act requires the Public Utilities
Commission to designate a baseline quantity of gas and electricity
necessary to supply a significant portion of the reasonable energy
needs of the average residential customer, as prescribed, and
requires the commission to also take into account differentials in
energy use by climatic zone and season.  The act requires the
commission to require that every electrical and gas corporation file
a schedule of rates and charges providing baseline rates.
   This bill would require the commission to designate for Climatic
Zone 15, an area encompassing the Coachella Valley in Riverside
County, a baseline quantity of electricity equivalent to double the
baseline quantity allowed in Climatic Zone 15 as of the effective
date of the act adding this section. Since a violation of a rule or
order of the commission is a crime, this bill would impose a state-
mandated local program by creating a new crime.
   (2) This bill would make certain findings and declarations
regarding the inapplicability of a general statute within the meaning
of Section 16 of Article IV of the California Constitution.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


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


  SECTION 1.  Section 739.9 is added to the Public Utilities Code, to
read:
   739.9.  The commission shall designate for Climatic Zone 15, an
area encompassing the Coachella Valley in Riverside County, a
baseline quantity of electricity equivalent to double the baseline
quantity allowed in Climatic Zone 15 as of the effective date of the
act adding this section.
  SEC. 2.  The Legislature finds and declares that, due to the unique
circumstances applicable to Climatic Zone 15, an area encompassing
the Coachella Valley in Riverside County, a statute of general
applicability cannot be made applicable within the meaning of
subdivision (b) of Section 16 of Article IV of the California
Constitution.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.