BILL NUMBER: ABX1 60	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2001
	AMENDED IN ASSEMBLY  MARCH 12, 2001

INTRODUCED BY   Assembly Member Hertzberg
    (Coauthors:  Assembly Members Canciamilla, Diaz, Dutra,
Florez, Jackson, Kelley, Migden, Oropeza, Reyes, Steinberg, Vargas,
Wesson, and Wright) 

                        FEBRUARY 16, 2001

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 60, as amended, 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 enter into a contract to sell
to an electrical corporation, a municipal corporation, or the
Department of Water Resources, electrical power generated by the
facility at its initial and continuing available capacity pursuant to
specified terms.  The bill would require the commission to adopt
rules and regulations for these purposes.
   (2) 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:  no.


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 shall offer to enter into a contract to sell to an
electrical corporation as defined in Section 218 of the Public
Utilities Code, a municipal corporation  as defined in
Section 9601   operating as a public utility furnishing
electric service as provided in Section 10001  of the Public
Utilities Code, or the Department of Water Resources, electrical
power generated by the facility at its initial and continuing
available capacity on terms not less favorable than the terms of the
next offer that the applicant makes for the sale of electrical power
generated by that 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.
   (c) Nothing in this section shall be construed to authorize the
commission to delay the adoption of a final decision in any
proceeding in which the public record has been closed and submitted
for a final decision.
   (d) The commission shall adopt rules and regulations for the
implementation and enforcement of this section.
  SEC. 2.  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.
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