BILL NUMBER: ABX2 5	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 28, 2001

INTRODUCED BY   Assembly  Member Kelley  
Members Kelley and Reyes 

                        MAY 15, 2001

   An act to add Section 739.9 to the Public Utilities Code, relating
to public utilities  , and declaring the urgency thereof, to
take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 5, as amended, 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  recalculate the
summer baseline quantity of electricity for all climatic zones in the
state based on 70% of the average usage for each of these zones for
the months of April to September, inclusive, using 5 years of
historical data, including the latest available usage for 2001.  The
bill would require the commission to adjust the baseline quantities
for these areas not later than 30 days from the effective date of
this section.  The bill would prohibit the commission from adjusting
any baseline quantity downward for winter or summer months for any
climatic zone in the state prior to July 1, 2003.  Because a
violation of a rule or order of the commission is a crime under
existing provisions of law, the bill would impose a state-mandated
local program by creating a new crime.    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)  
  (2)  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.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:   majority   2/3  .
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.  
   739.9.  (a) The commission shall recalculate the summer baseline
quantity of electricity for all climatic zones in the state based on
70 percent of the average usage for each of these zones for the
months of April to September, inclusive, using five years of
historical data, including the latest available usage for 2001.
Average quantities of usage shall include use of air conditioning.
The commission shall adjust the baseline quantities for these areas
not later than 30 days from the effective date of this section.
   (b) The commission may not adjust any baseline quantity downward
for winter or summer months for any climatic zone in the state prior
to July 1, 2003.  
  SEC. 3.   
  SEC. 2.   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.
   
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to alleviate the current energy crisis, it is necessary
that this act take effect immediately.