BILL NUMBER: SBX1 5 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 5, 2001
AMENDED IN SENATE FEBRUARY 20, 2001
AMENDED IN SENATE FEBRUARY 5, 2001
INTRODUCED BY Senators Sher, Alarcon, Bowen, and Burton
(Principal coauthors: Senators Chesbro, Machado, and Perata)
(Principal coauthor: Assembly Member Shelley)
(Coauthors: Senators Figueroa, Karnette, Murray, Polanco, Scott,
Soto, and Torlakson)
(Coauthors: Assembly Members Aroner, Keeley, Pavley,
Strom-Martin, and Thomson)
JANUARY 17, 2001
An act to amend Section 15814.20 of, and to add and repeal Chapter
3.5 (commencing with Section 4240) of Division 5 of Title 1 of, the
Government Code, and to amend Section 25402.5 of the Public Resources
Code, relating to public utilities, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 5, as amended, Sher. State energy projects.
(1) Existing law authorizes state and local agencies to develop
energy conservation, cogeneration, and alternate energy supply
sources at the facilities of public agencies through contracts and
leases in accordance with specified criteria.
This bill, until January 1, 2004, would authorize state agencies
to implement energy related projects, subject to certain criteria,
and to enter into contracts for these purposes subject to certain
criteria. The bill would authorize the Director of General Services
to exempt state energy projects from the advertising and competitive
bidding requirements set forth in state law, if the director deems it
necessary to implement these provisions. The bill would exempt
state energy projects from a specified capital outlay process at the
discretion of the Department of Finance.
(2) Existing law prohibits the State Public Works Board from
entering into leases and energy service contracts sooner than 45 days
after notification to the Joint Legislative Budget Committee.
Existing law authorizes the joint committee to hold a hearing within
45 days of receipt of the notification.
This bill would prohibit the board from entering into a lease and
energy services contract sooner than 15 days after notification and
would authorize the joint committee to hold a hearing within 15 days
of receipt of the notification.
(3) Existing law requires the State Energy Resources Conservation
and Development Commission to adopt interior and exterior lighting
energy conservation standards, as specified.
This bill would require the commission to adopt lighting standards
for outdoor lighting, as defined, that is not subject to the above
standards.
(4) Existing law provides for the establishment and implementation
of various energy efficiency programs administered by the State
Energy Resources Conservation and Development Commission and the
Public Utilities Commission.
This bill would, until January 1, 2005, appropriate
$1,026,500,000 $1,039,500,000 from the General
Fund and the State Highway Account in the State
Transportation Fund to implement energy efficiency programs
and supplement existing energy efficiency programs. Of that amount,
from the General Fund, $353,000,000
$321,000,000 would be allocated to the Public Utilities
Commission, $404,500,000 $464,500,000
would be allocated to the State Energy Resources Conservation and
Development Commission, $10,000,000 would be allocated to the
Department of Consumer Affairs, $50,000,000
$100,000,000 would be allocated to the Department of General
Services, $24,000,000 would be allocated to the Department of
Corrections, $50,000,000 would be allocated for programs in
state buildings and community colleges upon approval of the
Department of Finance, and $120,000,000 would be allocated
to the Department of Community Services and Development and
from the State Highway Account in the State Transportation Fund,
$15,000,000 would be allocated to the Department of Transportation,
to fund various energy efficiency programs, as scheduled,
and subject to reallocation and conditions. Under the bill ,
any funds that are unencumbered by January 1, 2005, would
revert to the General Fund on that date.
(5) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) California is currently experiencing an energy crisis which
threatens to adversely affect the economic and environmental
well-being of the state.
(b) One of the most cost-effective, efficient, and environmentally
beneficial methods of meeting the state's energy needs is to
encourage the efficient use of energy.
(c) The purpose of this act is to ensure the immediate
implementation of energy efficiency programs in order to reduce
consumption of energy and to assist in reducing the costs associated
with energy demand.
(d) To the maximum extent feasible, the expenditure of funds
appropriated pursuant to this act shall be prioritized based upon
immediate benefits in peak energy demand reduction and more efficient
use of energy.
SEC. 2. Section 15814.20 of the Government Code is amended to
read:
15814.20. The board shall not enter into leases and energy
service contracts authorized under this chapter sooner than 15 days
after notification in writing of the necessity therefor has been
submitted to the Chairperson of the Joint Legislative Budget
Committee and the chairpersons of the fiscal committees of each
house, or sooner than whatever lesser time the chairperson of the
joint committee, or his or her designee, may in each instance
determine. At the request of the chairperson of the joint committee,
the joint committee may hold a hearing within 15 days of receipt of
the notification. If a hearing is held, the affected agencies shall
be provided all information available to the joint committee at least
10 days in advance of the hearing. In the event that a hearing is
conducted, the joint committee may recommend to the board approval,
modification, or rejection of leases or energy service contracts.
SEC. 3. Chapter 3.5 (commencing with Section 4240) is added to
Division 5 of Title 1 of the Government Code, to read:
CHAPTER 3.5. STATE ENERGY PROJECTS
4240. It is the intent of the Legislature to permit state
agencies to develop energy conservation, efficiency, cogeneration,
and alternate energy supply sources on public property in accordance
with this chapter in the most expedient manner possible.
4241. As used in this chapter, and as used in Section 3 of the
act adding this chapter, "state energy project" means either
of the following:
(a) Equipment, load management techniques, and other measures or
services that reduce energy consumption and provide for more
efficient use of energy.
(b) Clean renewable distributed generation equipment for use in
state buildings or facilities. equipment, load
management techniques, and other measures or services that reduce
energy consumption and provide for more efficient use of energy in
state buildings or facilities, or buildings or facilities owned or
operated by community colleges.
4242. State energy projects may be implemented under this chapter
with the approval of the Director of General Services and the
Director of Finance and may be funded through any authorized
appropriation or other funding source. .
4243. Prior to awarding or entering into a contract, agreement,
or lease, the state agency shall request proposals from qualified
persons. After evaluating the proposals, the state agency shall award
contracts based on qualifications, including the consideration of
such factors as the experience of the contractor, the type of
technology to be employed by the contractor on the energy project,
the cost to the agency, and any other relevant considerations. State
agencies may also award contracts to persons selected from the pool
of qualified energy service companies established pursuant to Section
388 of the Public Utilities Code, when it is determined they are
qualified to perform the work on a particular project. For purposes
of this chapter, energy projects shall be exempt from Chapter 10
(commencing with Section 4525).
4244. Notwithstanding Section 4243, the Director of General
Services may exempt a state energy project from the advertising and
competitive bidding requirements of this code and the Public Contract
Code, if the director deems the exemption necessary to implement the
purpose of this chapter, to reduce peak electricity demand, and to
improve energy efficiency.
4245. At the discretion of the Department of Finance, state
energy projects may be exempted from the capital outlay process,
including, but not limited to, as provided in Section 13332.11.
4246. The Department of General Services may adopt regulations
for purposes of this chapter as emergency regulations in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2. For purposes of Chapter 3.5, including, but
not limited to, Section 11349.6, the adoption of the regulations
shall be considered by the Office of Administrative Law to be
necessary for the immediate preservation of public peace, health,
safety, and general welfare. Notwithstanding the 120-day limit
specified in subdivision (e) of Section 11346.1, the regulations
shall be repealed 180 days after their effective date, unless the
department complies with Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 as provided in subdivision (e) of
Section 11346.1.
4247. This chapter shall become inoperative on June 30, 2003,
and, as of January 1, 2004, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2004, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 4. Section 25402.5 of the Public Resources Code is amended to
read:
25402.5. (a) As used in this section, "lighting device" includes,
but is not limited to, a lamp, luminaire, light fixture, lighting
control, ballast, or any component of those devices.
(b) (1) The commission shall consider both new and replacement,
and both interior and exterior, lighting devices as lighting which is
subject to subdivision (a) of Section 25402.
(2) The commission shall include both indoor and outdoor lighting
devices as appliances to be considered in prescribing standards
pursuant to paragraph (1) of subdivision (c) of Section 25402.
(3) The Legislature hereby finds and declares that paragraphs (1)
and (2) are declarative of existing law.
(c) (1) The commission shall establish an advisory group to
provide technical advice, and, after public review, shall prepare and
submit a report to the Legislature on or before January 1, 1997,
identifying which lighting devices, whether indoor or outdoor, and
residential or commercial, may be appropriate either for the
commission to include in lighting efficiency regulations and other
state energy or lighting efficiency programs or for federal
government consideration in setting national lighting efficiency
standards. The advisory group shall include, but not be limited to,
representatives of the Illuminating Engineering Society of North
America, the International Association of Lighting Designers, the
National Electrical Manufacturers Association, the Association of
Professional Energy Managers, the Lighting Research Institute, the
Electric Power Research Institute, the Natural Resources Defense
Council, the Department of Energy, the Environmental Protection
Agency, and California's electric utilities. No state funds shall be
used to support the advisory group.
(2) The commission's report and recommendations shall identify
proposed lighting efficiency regulations, standards, or programs that
are technologically feasible and cost-effective and that would
result in a significant level of energy savings. The report shall
emphasize, but not be limited to, residential lighting efficiency,
and shall consider requiring manufacturers of light fixtures to
produce fixtures which are physically compatible with fluorescent
lamps. The report shall also consider educational and labeling
programs that could help increase the use of efficient lighting
devices.
(d) (1) To the extent not preempted by federal law, on or before
February 1, 1997, the commission shall initiate a formal rulemaking
proceeding, including public review and hearings, to consider
efficiency standards for lighting devices as recommended in the
report required by subdivision (c). Any regulations issued pursuant
to this paragraph shall be subject to the requirements of paragraph
(1) of subdivision (c) of Section 25402.
(2) The commission may also actively participate in proceedings of
the Department of Energy concerning the development and adoption of
national lighting efficiency standards as recommended in the report.
(e) The commission shall adopt efficiency standards for outdoor
lighting. The standards shall be technologically feasible and
cost-effective. As used in this subdivision, "outdoor lighting"
refers to all electrical lighting that is exterior to buildings but
not subject to standards adopted pursuant to Section 25402, and
includes, but is not limited to, street lights, traffic lights,
parking lot lighting, and billboard lighting.
SEC. 5. In order to achieve a total reduction in peak electricity
demand of not less than 2,585 megawatts, the sum of one
billion twenty-six million five hundred thousand dollars
($1,026,500,000), of which one billion eleven million five hundred
thousand dollars ($1,011,500,000) is from the General Fund and
fifteen million dollars ($15,000,000) is from the State Highway
Account in the State Transportation Fund, is one
billion thirty-nine million five hundred thousand dollars
($1,039,500,000) is hereby appropriated from the General Fund
to the Controller for allocation according to the following schedule:
(a) In order to achieve a reduction in peak electricity demand and
meet urgent needs of low-income households, three hundred
fifty-three million dollars ($353,000,000) twenty-one
million dollars ($321,000,000) for allocation by the Public
Utilities Commission for the customers of electric and gas
electrical corporations subject to commission
jurisdiction, to be expended in the following amounts:
(1) Sixty-six million dollars ($66,000,000) to encourage the
purchase of residential high-efficiency heating,
ventilating, and air-conditioning (HVAC) equipment and appliances.
Any funds expended pursuant to this paragraph for the purchase
of refrigerators, air conditioning equipment, and other similar
residential appliances shall be expended pursuant to the following
criteria:
(A) Priority for the expenditure of funds shall be given for the
purchase of those appliances in low- and moderate-income households,
and for the replacement of the oldest and least efficient appliances.
(B) Any funds expended for the replacement of refrigerators shall
include a condition that older refrigerators that are replaced are
promptly disposed of or recycled in a manner that protects public
health and the environment.
(2) One hundred million dollars ($100,000,000) to provide
immediate assistance to electric and or
gas utility customers enrolled in, or eligible to be enrolled in,
the California Alternative Rates for Energy (CARE) Program
established pursuant to Section 739.1 of the Public Utilities Code.
Funds appropriated pursuant to this paragraph shall be expended to
increase and supplement CARE discounts for electric and gas
utility bill increases resulting from increased electric and gas
rates incurred on and after the effective date of this act.
and to increase enrollment in the CARE program.
(3) Twenty million dollars ($20,000,000) to augment funding for
low-income weatherization services provided pursuant to Section 2790
of the Public Utilities Code, and other energy efficient measures to
assist low-income energy users.
(4) Twenty million dollars ($20,000,000) for high-efficiency and
ultra low polluting pump and motor retrofits for oil or gas, or both,
producers and pipelines.
(5) One hundred million dollars ($100,000,000) to provide
incentives to encourage replacement of low-efficiency lighting with
high-efficiency lighting in commercial and residential
buildings .
(6) Fifteen million dollars ($15,000,000) to encourage
installation of demand-responsive and energy-efficient technologies
in buildings owned and operated by counties and cities.
(7) Thirty-two million dollars ($32,000,000) to provide incentives
for construction of high-efficiency nonresidential buildings.
(b) In order to achieve a reduction in peak electricity demand,
four hundred four million five hundred thousand dollars
($404,500,000) to the State Energy Resources Conservation and
(b) In order to achieve a reduction in peak electricity demand,
four hundred sixty-four million five hundred thousand dollars
($464,500,000) to the State Energy Resources Conservation and
Development Commission (hereafter the Energy Commission), to be
expended in the following amounts for the following purposes:
(1) Twenty-seven million dollars ($27,000,000)
Eighty-seven million dollars ($87,000,000) for allocation
by the Energy Commission to locally owned public utilities in the
following amounts for the following purposes:
(A) Twenty million two hundred thousand dollars ($20,200,000) to
encourage the purchase of residential high-efficiency
air-conditioning equipment and appliances. high
efficiency heating, ventilating, and air conditioning (HVAC)
equipment and appliances. Any funds expended pursuant to this
paragraph for the purchase of refrigerators, air conditioning
equipment, and other similar residential appliances shall be expended
pursuant to the following criteria:
(i) Priority for expenditure of funds shall be given for the
purchase of those appliances in low- and moderate-income households,
and for the replacement of the oldest and least efficient appliances.
(ii) Any funds expended for the replacement of refrigerators shall
include a condition that older refrigerators that are replaced are
promptly disposed of or recycled in a manner that protects public
health and the environment.
(B) Six million eight hundred thousand dollars ($6,800,000) to
provide incentives to encourage replacement of low-efficiency
lighting with high-efficiency lighting in commercial
buildings .
(C) Sixty million dollars ($60,000,000) for energy efficiency,
peak demand reduction, and low-income assistance measures in the
service areas of the locally-owned public utilities analagous to
those measures and programs funded in the service areas of electric
and gas corporations subject to the jurisdiction of the Public
Utilities Commission pursuant to subdivision (a).
(2) Seventy million dollars ($70,000,000) to implement programs to
improve demand-responsiveness in heating, ventilation,
air-conditioning, lighting, advanced metering of energy usage, and
other systems in buildings.
(3) Fifty million dollars ($50,000,000) to implement a low-energy
usage building materials program, and other measures to lower
air-conditioning usage in schools, colleges, universities, hospitals,
and other nonresidential buildings.
(4) Sixty million dollars ($60,000,000) to implement a program to
encourage third parties to implement innovative peak demand reduction
measures in the service areas of public utilities.
.
(5) Fifty million dollars ($50,000,000) to implement a program to
reduce peak load electricity usage for the agricultural sector.
(6) Fourteen million five hundred thousand dollars ($14,500,000)
to provide incentives for installation of light-emitting diode (LED)
traffic signals.
(7) Sixty-four millions million
dollars ($64,000,000) to provide incentives for water and wastewater
treatment systems to reduce peak usage.
(8) Fifteen million dollars ($15,000,000) to encourage
installation of demand-responsive and energy-efficient technologies
in buildings owned and operated by counties and cities.
(9) Seven million dollars ($7,000,000) to implement a program to
teach school children about energy efficiency in the home and at
school.
(10) Twenty million dollars ($20,000,000) for incentives for the
retrofit of existing distributed generation owned and operated by
municipal water districts to replace diesel and natural gas
generation with cleaner technology that reduces oxides of nitrogen
emission to less than two parts per million.
(11) One million four hundred thousand dollars ($1,400,000) to
fund 16 personnel years in the Energy Commission to implement
subdivision (a) . Funds appropriated pursuant to this paragraph
shall be used to fund temporary staff resources, including, but not
limited to, limited term positions, not to exceed a term of four
years, at the commission for the exclusive purpose of implementing
programs funded pursuant to this subdivision.
(12) Twenty-five million dollars (25,000,000)
($25,000,000) to provide loans to schools pursuant to the
Energy Conservation Assistance Act (Chapter 5.2 (commencing with
Section 25410) of the Public Resources Code).
(13) Six hundred thousand dollars ($600,000) for four personnel
years to improve the ability of the Energy Commission to provide
timely and accurate assessments of electricity and natural gas
markets.
(c) Funds appropriated pursuant to subdivisions (a) and (b) shall
be expended pursuant to guidelines adopted by each commission. The
guidelines shall be exempt from the requirements of Chapter 3.5
(commencing with Section 11340) of Part 1 of the Division 3 of Title
2 of the Government Code and shall do all of the following:
(1) Establish cost-effectiveness criteria for programs funded.
(2) Establish limitations on administrative overhead cost
associated with the programs that ensure that the maximum feasible
amount of funds are expended for direct and measurable energy
conservation, peak load reduction, and energy efficiency.
Within 10 days from the date of the adoption of criteria
pursuant to this paragraph, each commission shall provide a copy of
the criteria to the Chairperson of the Legislative Budget Committee,
to the Chairpersons of the appropriate policy and fiscal committees
of both houses of the Legislature, and to the Governor.
(2) Limit administrative costs to not more than 2 1/2 percent of
the amount of the funds expended. For the purposes of this
paragraph, "administrative costs" means personnel and overhead costs
associated with the implementation of each measure or program.
However, "administrative costs" does not include costs associated
with marketing or evaluation of a measure of a program.
(3) Allow reasonable flexibility to shift funds among program
categories in order to achieve the maximum feasible amount of energy
conservation, peak load reduction, and energy efficiency by the
earliest feasible date.
(4) Establish matching fund criteria that, except for funds
appropriated pursuant to paragraphs (2) and (3) of subdivision (a),
ensure that entities eligible to receive funds appropriated pursuant
to subdivisions (a) and (b) pay an appropriate share of the cost of
acquiring or installing measures to achieve the maximum feasible
amount of energy conservation, peak load reduction, and energy
efficiency by the earliest feasible date.
(5) Establish mechanisms and criteria to prohibit any
funds from being provided to electric and gas electrical corporations
that are in bankruptcy. that ensure that funds
expended pursuant to this section through electric and gas
corporations are not seized by the creditors of those corporations in
the event of a bankruptcy. In implementing this paragraph, the
commissions shall adopt mechanisms such as the segregation of funds
by the electric or gas corporation, the holding of those funds in
trust until they are expended, and the reversion of funds to the
General Fund in the event of bankruptcy.
(6) Establish tracking and auditing procedures to ensure that
funds are expended in a manner consistent with this act.
(d) Within six months of the effective date of this section, each
commission shall contract for an independent audit of the
expenditures made pursuant to subdivisions (a) and (b) for the
purpose of determining whether the funds achieved demonstrable energy
peak demand reduction while limiting administrative costs associated
with expenditures made pursuant to those subdivisions. Within
one year of the effective date of this section, each commission shall
submit the audit prepared pursuant to this paragraph to the
Chairperson of the Joint Legislative Budget Committee, to the
chairpersons of the appropriate policy and fiscal committees of both
houses of the Legislature, and to the Governor.
(e) In order to achieve a reduction in peak electricity
demand, ten Ten million dollars ($10,000,000) to
the Department of Consumer Affairs to implement a public awareness
program to reduce peak electricity usage. The department shall
ensure that the program includes the use of nontraditional mass
media, including, but not limited to, the use of community based
organizations, mass media in different languages, and media targeted
to low-income and ethnically diverse communities.
(f) In order to achieve a reduction in peak electricity demand,
twenty-four million dollars ($24,000,000) to the Department of
Corrections to install systems to retrofit generation units to
improve environmental performance of existing electric generating
units. The department shall report to the Legislature on or
before ____ the amount of money it has earned as a result of
increased generation due to retrofitting generation units.
(g) Fifty million dollars ($50,000,000) to the Department of
(g) One hundred million dollars ($100,000,000) to the Department
of General Services to be expended for the purposes of
implementing Chapter 3.5 (commencing with Section 4240) of Division 5
of Title 1 of the Government Code. The department shall limit
its administrative costs to not more than 2 1/2 percent of the funds
expended. For the purposes of this paragraph, "administrative costs"
means personnel and overhead costs associated with implementation of
each measure or program. However, "administrative costs" does not
include costs associated with marketing or evaluation of a measure or
program.
(h) One hundred twenty million dollars ($120,000,000) to the
Department of Community Services and Development for the purpose of
supplementing the Low-Income Home Energy Assistance Program (LIHEAP).
The department may also use these funds for the purposes of
increasing participation in the LIHEAP program. The department
shall limit administrative costs to not more than 2 1/2 percent of
the funds expended. For the purposes of this paragraph,
"administrative costs" means personnel and overhead costs associated
with the implementation of each measure or program. However,
"administrative costs" does not include costs associated with the
marketing or evaluation of a measure or program.
(i) In order to achieve a reduction in peak electricity demand of
120 megawatts, fifty million dollars ($50,000,000), upon approval of
the Department of Finance, for programs to encourage implementation
of energy efficient programs in state buildings and at community
colleges.
(j) In order to achieve a reduction in peak electricity demand at
facilities of the Department of Transportation, the fifteen million
dollars ($15,000,000) appropriated from the State Highway Account by
this section shall be allocated to the Department of Transportation,
upon approval of the Department of Finance, to initiate energy audits
and conservation projects at facilities of the Department of
Transportation.
(i) Each state agency receiving funds appropriated pursuant to
this section shall ensure, where appropriate, not less than 85
percent of the funds shall be expended for direct rebates, purchases,
buy-downs, loans, or other incentives that will achieve reductions
in peak electricity demand and improvements in energy efficiency.
(j) On or before January 1, 2002, each state agency receiving
funds appropriated pursuant to this section shall provide quarterly
reports to the Chairperson of the Joint Legislative Budget Committee,
to the chairpersons of the appropriate policy and fiscal committees
of both houses of the Legislature, and to the Governor, which include
all of the following information:
(1) The amount of funding expended.
(2) The measures, programs, or activities that were funded.
(3) A description of the effectiveness of the measures, programs,
or activities funded in reducing peak electricity demand and
improving energy efficiency, as measured in kilowatthours of
electricity reduced per dollar expended.
SEC. 6. Any contracts entered into pursuant to Section 5 of this
act by a state agency are exempt from the following requirements of
the Government Code and the Public Contracts Code:
(a) Services Except for any contract
entered into by the Department of Consumer Affairs pursuant to
subdivision (e) of Section 5 of this act, services contracts
are exempt from Article 4 (commencing with Section 10335) of Chapter
2 of Part 2 of Division 2 of the Public Contract Code.
(b) Consulting services contracts are exempt from Article 5
(commencing with Section 10359) of Chapter 2 of Part 2 of Division 2
of the Public Contract Code.
(c) Architectural and engineering contracts are exempt from
Chapter 10 (commencing with Section 4525) of Division 5 of Title 1
of the Government Code, and
from Sections 6106 and 6106.5 of the Public Contract Code.
(d) All contracts are exempt from Section 10295 of the Public
Contract Code, relating to approval from the Department of General
Services.
(e) All contracts are exempt from Chapter 6 (commencing with
Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government
Code, relating to advertising.
SEC. 7. Sections 5 and 6 of this act shall remain in effect only
until January 1, 2005, and as of that date is repealed unless a later
enacted statute, that is enacted before January 1, 2005, deletes or
extends that date. Any funds appropriated under Section 5 of this
act that are unencumbered by January 1, 2005, shall revert to the
General Fund on that date.
SEC. 8. 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:
Due to the shortage of electric generation capacity to meet the
needs of the people of this state and in order to limit further
impacts of this shortage on the public health, safety, and welfare,
it is necessary that this act take effect immediately.