BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 60 X1
                                                                  Page  1



          (  Without Reference to File  )

          ASSEMBLY THIRD READING
          AB 60 X1 (Hertzberg)
          As Amended  March 19, 2001
          2/3 vote.  Urgency 

           ENERGY              17-0        APPROPRIATIONS      19-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Wright, Pescetti, Briggs, |Ayes:|Migden, Bates, Alquist,   |
          |     |Canciamilla, Diaz, Dutra, |     |Aroner, Ashburn, Cedillo, |
          |     |Florez, Jackson, Keeley,  |     |Correa, Daucher,          |
          |     |Migden, Oropeza, Reyes,   |     |Goldberg, Maldonado,      |
          |     |Richman, Steinberg,       |     |Robert Pacheco, Papan,    |
          |     |Vargas, Wesson, Zettel    |     |Runner, Shelley,          |
          |     |                          |     |Simitian, Reyes, Wesson,  |
          |     |                          |     |Wiggins, Zettel           |
           ----------------------------------------------------------------- 

           SUMMARY  :   Requires, as a condition of certification by the  
          California Energy Commission (CEC), that an applicant offer to  
          sell electricity to a California investor-owned utility (IOU), a  
          California municipal electrical corporation, or the Department  
          of Water Resources (DWR) at 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.

           EXISTING LAW:

           1)Provides for exclusive federal jurisdiction over wholesale  
            rates of electricity under the Federal Power Act (FPA).

          2)Provides that wholesale electricity rates shall be just and  
            reasonable under FPA

          3)Provides CEC with the exclusive authority to approve the  
            siting of thermal power plants 50 megawatts (MW) or greater in  
            generating capacity. 

          4)Authorizes DWR to enter into contracts for the purchase of  
            electric power and then sell it directly or indirectly to  
            electric consumers in California.








                                                                  AB 60 X1
                                                                  Page  2


           FISCAL EFFECT  :  Unknown

           COMMENTS  :  Keeping California's Generating Capacity in State.   
          Much attention has been paid to the sale by merchant generators  
          to entities outside the state since the dramatic increases in  
          wholesale electricity prices, which began to occur in May of  
          2000.  In past years, when California was generating at a  
          surplus, the issue of electricity being sold out of state was  
          not considered important.  But in a time of unprecedented supply  
          constraint, policy makers are now looking seriously at how to  
          keep as much native generation within the state as possible to  
          provide adequate supply at reasonable wholesale prices.

            Western States.  Today 25% of California's generating capacity  
          comes from out-of-state generation.  The "me-first" mindset is  
          beginning to gain momentum in other western states as well.   
          Given that California is a net importer of electricity, it may  
          not be in the state's best long-term interest to encourage  
          parochialism with generation supply.  

            California First, But Not at the Exclusion of Other States.   
          This bill takes a step in the direction of promoting native  
          generation and provision of in state best available rates.  The  
          tension between the pressing need to add to California's  
          electricity supply at reasonable wholesale prices and avoid  
          discouraging other states from selling California electricity is  
          significant.  This bill requires that as a condition of  
          certification by CEC, a new generating facility applicant will  
          make an offer to enter into contracts to sell 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.

          Essentially this bill encourages new generators to sell to  
          California electrical corporations, munis or DWR, but in a  
          manner which is consistent with market-based pricing and which  
          does not reserve all generating capacity on a de facto basis to  
          California sources.  This bill provides that  initial generating  
          capacity must be offered to California retail electricity  
          providers on terms at least as favorable as those of the next  
          offer to sell, and that offers for subsequent continuing  
          available capacity must also be made at the same terms as  
          offered to the next provider.









                                                                  AB 60 X1
                                                                  Page  3

          This bill establishes a balance between the need to add  
          generation supply at reasonable wholesale prices into  
          California's purchasing mix without discouraging new generators  
          from seeking certification by appearing to be bound to sell all  
          capacity to California at lower rates than they could sell to  
          other states.  This bill should encourage new generation siting  
          and should help provide for long term additional electricity  
          supply for California's wholesale market at more reasonable  
          prices.

           
          Analysis Prepared by :    Kelly Boyd / E. C. & A. / (916)  
          319-2083 


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