BILL NUMBER: AB 1235	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY  AUGUST 26, 2002
	PASSED THE SENATE  AUGUST 19, 2002
	AMENDED IN SENATE  AUGUST 14, 2002
	AMENDED IN SENATE  AUGUST 5, 2002
	AMENDED IN SENATE  JUNE 19, 2002
	AMENDED IN SENATE  SEPTEMBER 5, 2001
	AMENDED IN SENATE  JULY 9, 2001
	AMENDED IN ASSEMBLY  APRIL 17, 2001

INTRODUCED BY   Assembly Member Leslie

                        FEBRUARY 23, 2001

   An act to add Section 377.1 to the Public Utilities Code, relating
to public utilities, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1235, Leslie.  Generation facilities:  sale or transfer.
   Under existing law, the Public Utilities Act, the Public Utilities
Commission is granted jurisdiction over certain facilities for the
generation of electricity owned by any public utility.  The act
prohibits any public utility from disposing of a facility for the
generation of electricity prior to January 1, 2006.
   This bill would exempt the four run-of-river hydroelectric project
works located on the Truckee River and the two run-of-river
hydroelectric project located on the Wapatox Canal on the Naches
River in the State of Washington from these provisions.
   The bill would declare that, due to the unique circumstances of
the four run-of-river hydroelectric project works located on the
Truckee River and the two run-of-river hydroelectric project located
on the Wapatox Canal on the Naches River in the State of Washington,
a general statute cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution, and the
enactment of a special statute is therefore necessary.
   This bill would declare that it is to take effect immediately as
an urgency statute.


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


  SECTION 1.  Section 377.1 is added to the Public Utilities Code, to
read:
   377.1.  Section 377 does not apply to the four run-of-river
hydroelectric project works located on the Truckee River, as
referenced in Section 210(b)(17) of Public Law 101-618 or to the two
run-of-river hydroelectric projects, also known as the Naches Drop
plant and Naches plant, located on the Wapatox Canal on the Naches
River in the State of Washington.
  SEC. 2.  The Legislature finds and declares that, because of the
unique circumstances applicable only to the four run-of-river
hydroelectric project works located on the Truckee River and the two
run-of-river hydroelectric project located on the Naches River in the
State of Washington, a statute of general applicability cannot be
enacted within the meaning of subdivision (b) of Section 16 of
Article IV of the California Constitution.  Therefore, this special
statute is necessary.
  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 ensure that the public's best interest is served and
to assist in the implementation of the Truckee River Operating
Agreement by expediting the sale of the four run-of-river
hydroelectric project works located on the Truckee River and the two
run-of-river hydroelectric projects located on the Wapatox Canal on
the Naches River in the State of Washington, it is necessary that
this act take effect immediately.