BILL NUMBER: ABX1 60	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hertzberg

                        FEBRUARY 16, 2001

   An act to add Section 25525.3 to the Public Resources Code, and to
add Section 367.3 to the Public Utilities Code, relating to
electrical generation, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 60, as introduced, Hertzberg.  Electrical generating
facilities:  certification.
   (1) Existing law requires the State Energy Resources Conservation
and Development Commission to approve the siting of electrical
generating facilities, as specified.
   Existing law requires the Department of Water Resources to
purchase electrical power until January 1, 2003, for the benefit of
California citizens.
   This bill would require, as a condition of certification by the
commission, that an applicant offer to sell to an electrical
corporation, a municipal corporation, or the Department of Water
Resources, at a just and reasonable cost base price electrical power
generated by the facility.
   (2) Existing law requires every public utility to furnish and
maintain adequate and efficient facilities.
   This bill would prohibit a person or entity, as defined, from
operating an electrical generation facility unless the person or
entity has submitted to the commission, within the time prescribed by
regulations adopted by the commission, a maintenance and outage
schedule, and the commission has approved that schedule.
   (3) A violation of the provisions of the Public Utilities Act is a
crime.  This bill by creating new duties under that act would expand
the definition of a crime, and thus create a state-mandated program.

  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.
   (4) The bill would declare it is to take effect immediately as an
urgency statute.
   Vote:  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 25525.3 is added to the Public Resources Code,
to read:
   25525.3.  (a) Notwithstanding any other provision of law, the
commission shall require, as a condition of certification, that the
applicant offer to sell to an electrical corporation as defined in
Section 218 of the Public Utilities Code, a municipal corporation as
defined in Section 2904 of the Public Utilities Code, or the
Department of Water Resources, at a just and reasonable cost base
price, electrical power generated by the facility.
   (b) This section applies to applications filed prior to the
effective date of the act that added this section that have not been
certified by the commission prior to that date.
  SEC. 2.  Section 367.3 is added to the Public Utilities Code, to
read:
   367.3.  (a) Notwithstanding any provision of Sections 216, 218,
and 228.5, or any other provision of law, for purposes of this
section, a corporation, or person owning, controlling, operating, or
managing any electrical generation facility in this state, where the
electricity generated is generated for compensation and is delivered
to the public, or any portion thereof, is subject to the jurisdiction
of the commission for purposes of this section.
   (b) No person or entity described in subdivision (a) may operate
an electrical generation facility unless the person or entity has
submitted to the commission within the time prescribed by regulations
adopted by the commission a maintenance and outage schedule, and the
commission has approved that schedule.
  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.
  SEC. 4.  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 ensure that new generating capacity is made available
to the state to meet its statutory obligation to provide reasonably
priced electric service, and that electrical generation facilities
operate pursuant to an approved maintenance and outage schedule, for
the safety, health, and well-being of the people of California, it is
necessary that this act take effect immediately.