BILL NUMBER: SBX2 18 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 14, 2001
PASSED THE ASSEMBLY SEPTEMBER 14, 2001
AMENDED IN ASSEMBLY SEPTEMBER 6, 2001
AMENDED IN SENATE JULY 20, 2001
AMENDED IN SENATE JULY 19, 2001
AMENDED IN SENATE JULY 16, 2001
INTRODUCED BY Senator Burton
MAY 17, 2001
An act to amend Sections 1731 and 1768 of the Public Utilities
Code, and to amend Sections 80010, 80100, 80110, 80122, 80130, 80132,
80134, and 80200 of, and to add Section 80131 to, the Water Code,
relating to electric power, making an appropriation therefor, and
declaring the urgency therefor, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 18, Burton. Department of Water Resources: electricity: bond
financing order.
(1) Existing law authorizes the Department of Water Resources to
contract with an electrical corporation to transmit or provide for
the transmission of, and distribute the power and provide billing,
collection, and other related services, as the agent of the
department, on terms and conditions that reasonably compensate the
electrical corporation for its services, and requires the commission,
at the request of the department, to order such actions. Existing
law authorizes the department to issue revenue bonds for certain
purposes not to exceed a certain amount, containing specified terms
and conditions, upon authorization by written determination of the
department and with the approval of the Director of Finance and the
Treasurer. Existing law permits the department to have the Public
Utilities Commission issue finance orders to recover revenue
requirements, and delegates to the department the authority to
determine if the revenue requirements are just and reasonable.
Existing law requires the department, before the issuance of bonds,
to establish a mechanism to ensure that the bonds will be sold at
investment grade ratings and repaid on a timely basis from pledged
revenues.
This bill would require the bond repayment mechanism to include a
DWR Bond Set-Aside, as defined, fixed by an irrevocable Public
Utilities Commission bond financing order, sufficient to pay the
costs of issuing, servicing, and retiring the bonds, including any
costs related to credit enhancement or interest rate protection, and
to be adjusted as required, applicable to all electric power
delivered in this state by an electrical corporation subject to the
jurisdiction of the commission. The bill would require the total of
DWR Bond Set-Asides to be designated as a separate rate component of
a retail end user's bill for electrical services and would require
any DWR Bond Set-Aside to consist of and be derived from a portion of
the rate levels in effect on September 30, 2001. The bill would
establish the DWR Bond Repayment Fund, to be continuously
appropriated to the department and available for the purpose of the
payment of the costs of issuing, servicing, and retiring the bonds in
accordance with their terms, together with the interest thereon,
including any costs related to credit enhancement or interest rate
protection, thereby making an appropriation. The bill would require
the revenues from the DWR Bond Set-Aside to be deposited in the DWR
Bond Repayment Fund.
(2) Existing law requires the Department of Water Resources to
establish and revise certain revenue requirements relating to the
purchase and sale of electric power and to advise the commission as
the department determines to be appropriate.
This bill would define the term "revenue requirements." The bill
would entitle the commission to any information necessary to review
the revenue requirements of the department, would require the
commission to provide an analysis of the revenue requirements
comparable to the analysis it would provide for a revenue requirement
submitted by a public utility, and would require the commission to
conduct at least one public hearing and provide an opportunity for
public comment on the revenue requirements prior to their adoption.
(3) This bill would make other conforming changes.
(4) A violation of an order of the Public Utilities Commission is
a crime. The bill by requiring specified financing orders and
related orders by the commission would change the definition of a
crime and thus impose a state-mandated local 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.
(5) The bill would declare it is to take effect immediately as an
urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that this act does
both of the following:
(a) Ensures the ability of the Department of Water Resources to
manage its obligations and maximize customer options by establishing
the DWR Bond Set-Aside to secure the issuance of bonds by the
department.
(b) Ensures the ability of the State of California to protect and
enhance its credit.
SEC. 2. Section 1731 of the Public Utilities Code is amended to
read:
1731. (a) The commission shall set an effective date when issuing
an order or decision. The commission may set the effective date of
an order or decision prior to the date of issuance of the order or
decision.
(b) After any order or decision has been made by the commission,
any party to the action or proceeding, or any stockholder or
bondholder or other party pecuniarily interested in the public
utility affected, may apply for a rehearing in respect to any matters
determined in the action or proceeding and specified in the
application for rehearing. The commission may grant and hold a
rehearing on those matters, if in its judgment sufficient reason is
made to appear. No cause of action arising out of any order or
decision of the commission shall accrue in any court to any
corporation or person unless the corporation or person has filed an
application to the commission for a rehearing within 30 days after
the date of issuance or within 10 days after the date of issuance in
the case of an order issued pursuant to either Article 5 (commencing
with Section 816) or Article 6 (commencing with Section 851) of
Chapter 4 relating to security transactions and the transfer or
encumbrance of utility property. For purposes of this article, "date
of issuance" means the date when the commission mails the order or
decision to the parties to the action or proceeding.
(c) No cause of action arising out of any order or decision of the
commission construing, applying, or implementing Division 27
(commencing with Section 80000) of the Water Code) shall accrue in
any court to any corporation or person unless the corporation or
person has filed an application to the commission for a rehearing
within 10 days after the date of issuance of the order or decision.
The commission shall issue its decision and order on rehearing within
20 days after the filing of that application.
SEC. 3. Section 1768 of the Public Utilities Code is amended to
read:
1768. The following procedures shall apply to judicial review of
an order or decision of the commission interpreting, implementing, or
applying Division 27 (commencing with Section 80000) of the Water
Code:
(a) Within 30 days after the commission issues its order or
decision denying the application for a rehearing, or, if the
application is granted, then within 30 days after the commission
issues its decision on rehearing, any aggrieved party may petition
for a writ of review in the California Supreme Court for the purpose
of determining the lawfulness of the original order or decision or of
the order or decision on rehearing. If the writ issues, it shall be
made returnable at a time and place specified by court order and
shall direct the commission to certify its record in the case to the
court within the time specified. No order of the commission
interpreting, implementing, or applying the provisions of Chapter 4
of the Statutes of 2001-02 First Extraordinary Session shall be
subject to review in the courts of appeal.
(b) The petition for review shall be served upon the executive
director of the commission either personally or by service at the
office of the commission.
(c) For purposes of this section, the issuance of a decision or
the granting of an application shall be construed to have occurred on
the date when the commission mails the decision or grant to the
parties to the action or proceeding.
(d) All actions and proceedings under this section and all actions
or proceedings to which the commission or the people of the State of
California are parties in which any question arises under this
section, or under or concerning any order or decision of the
commission under this section, shall be preferred over, and shall be
heard and determined in preference to, all other civil business
except election causes, irrespective of position on the calendar.
(e) The provisions of this article apply to actions under this
section to the extent that those provisions are not in conflict with
this section.
SEC. 4. Section 80010 of the Water Code is amended to read:
80010. As used in this division, unless the context otherwise
requires, the following terms have the following meanings:
(a) "Administrative costs" means those reasonable expenses,
including any consulting, legal, technical, or engineering services,
incurred by the department in administering this division. The
administrative costs of the department incurred in administering this
division may only be paid for from appropriations by the
Legislature. The department may not incur administrative costs in
excess of those appropriations.
(b) "Bonds" means bonds, notes, or other evidences of indebtedness
issued solely for the purposes of paying the cost of electric power
and transmission, scheduling, and other related expenses incurred by
the department on and after the effective date of this division, or
to reimburse expenditures from the fund for those purposes, including
any interim financing or borrowing ; repaying to the General Fund
any advances made to the department from appropriations made to the
fund pursuant hereto or hereafter for purposes of this division, any
advances made to the department from the Water Resources Electric
Power Fund, and General Fund moneys expended by the department
pursuant to the Governor's Emergency Proclamation dated January 17,
2001; establishing or maintaining reserves in connection with the
bonds; costs of issuance of bonds or incidental to their payment or
security; capitalized interest; or to renew or refund any bonds.
(c) "Commission" means the Public Utilities Commission.
(d) "DWR Bond Set-Aside" means a rate to recover a separate
dedicated revenue stream fixed by a commission bond financing order
pursuant to Section 80131. The total of all DWR Bond Set-Asides
shall be designated as a separate rate component of a retail end user'
s bill for electrical services.
(e) "Electrical corporation" has the same meaning as that term is
defined in Section 218 of the Public Utilities Code.
(f) "Fund" means the Department of Water Resources Electric Power
Fund established by Section 80200.
(g) "Local publicly owned electric utility" includes the entities
defined in subdivision (d) of Section 9604 of the Public Utilities
Code and publicly owned utilities that provide electricity.
(h) "Power" means electric power and energy, including, but not
limited to, capacity and output, or any of them.
(i) "Public utility" has the same meaning as that term is defined
in Section 216 of the Public Utilities Code.
(j) (1) "Revenue requirements" means only the revenue necessary to
pay the actual costs for any of the following:
(A) Purchasing power.
(B) Contracting for the purchase of power.
(C) Administrative costs.
(D) Purchasing natural gas as required pursuant to a contract for
the purchase of power.
(E) Using transmission or distribution facilities prior to the
delivery or utilization of purchased power, including scheduling and
other related expenses.
(F) Amounts to enable the department to comply with Section 80134.
(2) "Revenue requirements" does not include costs incurred under
conservation, load management, or other programs implemented by the
commission, the department, or any other entity, except those costs
incurred pursuant to the "20/20 Energy Rebate Program" established
pursuant to the Governor's Executive Order D-30-01 for the summer
2001, and any other contracts for load management or reduction
entered into by the department prior to June 1, 2001.
SEC. 5. Section 80100 of the Water Code is amended to read:
80100. Upon those terms, limitations, and conditions as it
prescribes, the department may contract with any person, local
publicly owned electric utility, or other entity for the purchase of
power on such terms and for such periods as the department determines
and at such prices the department deems appropriate taking into
account all of the following:
(a) The intent of the program described in this division is to
achieve an overall portfolio of contracts for energy resulting in
reliable service at the lowest possible price per kilowatthour.
(b) The need to have contract supplies to fit each aspect of the
overall energy load profile.
(c) The desire to secure as much low-cost power as possible under
contract.
(d) The duration and timing of contracts made available from
sellers.
(e) The length of time sellers of electricity offer to sell such
electricity.
(f) The desire to secure as much firm and nonfirm renewable energy
as possible. Prior to commencement of the program described in this
division, the department shall assess the need for power in the
state in consultation with the Public Utilities Commission and local
publicly owned electric utilities and electrical corporations in the
state and such other entities in the state as the department
determines are appropriate. The department may also enter into
options or forward contracts with respect to the foregoing, and
contract with any person, local publicly owned electric utility, or
other entity for transmission and scheduling.
SEC. 6. Section 80110 of the Water Code is amended to read:
80110. The department shall retain title to all power sold by it
to the retail end use customers. The department shall be entitled to
recover, at the times necessary, its revenue requirements, and shall
advise the commission as the department determines to be
appropriate. For purposes of this division and except as otherwise
provided in this section, the Public Utilities Commission's authority
as set forth in Section 451 of the Public Utilities Code shall
apply, except any just and reasonable review under Section 451 shall
be conducted and determined by the department. However, the
commission shall be entitled to any information necessary to review
the revenue requirements of the department, shall provide an analysis
of the revenue requirements comparable to the analysis it would
provide for a revenue requirement submitted by a public utility, and
shall conduct at least one public hearing with an opportunity for
public comment on the revenue requirements prior to their adoption.
The commission may enter into an agreement with the department with
respect to charges under Section 451 for purposes of this division,
and that agreement shall have the force and effect of a financing
order adopted in accordance with Article 5.5 (commencing with Section
840) of Chapter 4 of Part 1 of Division 1 of the Public Utilities
Code, as determined by the commission. In no case shall the
commission increase the electricity charges in effect on the date
that the act that adds this section becomes effective for residential
customers for existing baseline quantities or usage by those
customers of up to 130 percent of existing baseline quantities, until
such time as the department has recovered the costs of power it has
procured for the electrical corporation's retail end use customers as
provided in this division. After the passage of such period of time
after the effective date of this section as shall be determined by
the commission, the right of retail end use customers pursuant to
Article 6 (commencing with Section 360) of Chapter 2.3 of Part 1 of
Division 1 of the Public Utilities Code to acquire service from other
providers shall be suspended until the department no longer supplies
power hereunder. The department shall have the same rights with
respect to the payment by retail end use customers for power sold by
the department as do providers of power to such customers.
SEC. 7. Section 80122 of the Water Code is amended to read:
80122. The department may do any of the following as may be, in
the determination of the department, necessary for the purposes of
this division:
(a) Hire and appoint employees as required, at salary levels
determined by the director to be competitive to attract and retain
persons with the necessary expertise and skills. Prior to hiring or
appointing an employee at a salary in excess of a salary approved by
the Department of Personnel Administration, the director shall submit
the proposed salary to the Director of Finance who shall submit it
to the Legislature in accordance with Section 27.00 of the annual
Budget Act. No excess salary authorized under this section may be
paid on or after January 1, 2003. The excess portion of a salary
authorized under this section may not be considered salary in the
calculation of final compensation for purposes of benefits under the
Public Employees' Retirement System.
(b) Engage the services of private parties to render professional
and technical assistance and advice and other services in carrying
out the purposes of this division, if funds for any of these
administrative costs have been appropriated by the Legislature.
(c) Contract for the services of other public agencies.
(d) The State Personnel Board and the Department of Personnel
Administration shall assist the department in expediting the hiring
of personnel necessary and desirable for the timely and successful
implementation and administration of the department's duties and
responsibilities pursuant to this division.
SEC. 8. Section 80130 of the Water Code is amended to read:
80130. (a) The department may incur indebtedness and issue bonds
as evidence thereof, provided that bonds may not be issued in an
amount the debt service on which, to the extent payable from the DWR
Repayment Fund, is estimated by the department to exceed the amounts
estimated to be available in the DWR Repayment Fund for their
payment. The department may authorize the issuance of bonds
(excluding notes issued in anticipation of the issuance of bonds and
retired from the proceeds of those bonds) in an aggregate amount up
to thirteen billion four hundred twenty-three million dollars
($13,423,000,000). Nothing in this section shall prohibit the
department from issuing bonds prior to the effective date of this
bill based upon the authorization granted to the department by the
provisions of Chapter 4 of the Statutes of the 2001-02 First
Extraordinary Session. Refunding of bonds to obtain a lower interest
rate may not be included in the calculation of the aggregate amount.
(b) In addition, before the issuance of bonds in a public
offering, the department shall establish a mechanism to ensure that
the bonds will be sold at investment grade ratings and repaid on a
timely basis from pledged revenues. The mechanism shall include, but
is not limited to, a DWR Bond Set-Aside.
SEC. 9. Section 80131 is added to the Water Code, to read:
80131. (a) Whenever the department proposes to issue bonds
pursuant to this article, the department shall apply to the Public
Utilities Commission for a bond financing order establishing a DWR
Bond Set-Aside.
(b) The commission shall, within 30 days from the date of the
application, issue a bond financing order establishing a DWR Bond
Set-Aside that shall be applicable to all electric power delivered in
this state by electrical corporations that are subject to the
jurisdiction of the commission and whose customers are deemed to have
purchased power from the department pursuant to Section 80104. The
revenues from the DWR Bond Set-Aside shall be dedicated to the
payment of the obligations of the bonds and no person or entity,
including, the electrical corporation delivering energy, shall have
any right, title, interest, or claim to any portion of the DWR Bond
Set-Aside, except the department or the trustee designated pursuant
to Section 80132. To the extent any moneys are received by an
electrical corporation pursuant to this section in the process of
collection, and pending their payment to the DWR Bond Repayment Fund
established in subdivision (i), they shall be segregated by the
electrical corporation on terms and conditions established by the
department and shall be held in trust for the benefit of the
department.
(c) The amount of the DWR Bond Set-Aside shall be sufficient to
pay the costs of issuing, servicing, and retiring the bonds in
accordance with their terms, including any costs related to credit
enhancement or interest rate protection, as applied for by the
department. The bond financing order shall include a provision for
payment of the DWR Bond Set-Aside to the department for deposit in
the DWR Bond Repayment Fund within five days of the date of receipt
by the electrical corporation.
(d) Notwithstanding Sections 455.5 or 1708 of the Public Utilities
Code, or any other provision of law, a bond financing order shall be
irrevocable and the commission does not have authority to determine,
either by rescinding, altering, or amending the bond financing
order, or otherwise, that the DWR Bond Set-Aside is unjust or
unreasonable, or to in any way reduce or impair the recovery of the
DWR Bond Set-Aside, either directly or indirectly, nor shall the
amount of revenues arising with respect thereto be subject to
reduction, impairment, postponement, or termination until the costs
of issuing, servicing, and retiring the bonds, together with the
interest thereon including any costs related to credit enhancement or
interest rate protection, are fully met and discharged. Except as
otherwise provided in this division, the State of California does
hereby pledge and agree with the owners of and holders of bonds
issued pursuant to this article that the state shall neither limit
nor alter the DWR Bond Set-Aside, bond financing orders, or any
rights thereunder until the costs of issuing, servicing, and retiring
the bonds, together with the interest thereon including any costs
related to credit enhancement or interest rate protection, are fully
met and discharged, provided that nothing contained in this section
precludes the limitation or alteration if adequate provision is made
by law for the protection of the owners, holders, credit enhancers,
or other entities having an interest in the DWR Bond Set-Aside. The
department as agent for the state is authorized to include this
pledge and undertaking for the state in these obligations.
(e) Notwithstanding any other provision of this section, the
commission shall approve the adjustments to the DWR Bond Set-Aside as
it determines to be necessary to ensure timely recovery of all
revenues required by the pertinent bond financing order, and the
costs associated with the provision, recovery, financing, or
refinancing thereof, including the costs of issuing, servicing, and
retiring the bonds, including any costs related to credit enhancement
or interest rate protection, contemplated by the bond financing
order.
(f) (1) Bond financing orders issued under this article do not
constitute a debt or liability of the state or of any political
subdivision thereof, other than the department, and do not constitute
a pledge of the full faith and credit of the state or any of its
political subdivisions, but are payable solely from the funds
provided therefor under this article and shall be consistent with
Sections 1 and 18 of Article XVI of the California Constitution.
This subdivision shall in no way preclude bond guarantees or
enhancements pursuant to this article. All the bonds issued under
this article shall contain on the face thereof a statement to the
following effect:
"Neither the full faith and credit nor the taxing power of the
State of California is pledged to the payment of the principal of, or
interest on, this bond."
(2) The issuance of bonds under this article may not directly,
indirectly, or contingently obligate the state or any political
subdivision thereof to levy or to pledge any form of taxation
therefor or to make any appropriation for their payment.
(g) The commission shall establish procedures for the expeditious
processing of applications for bond financing orders, including the
approval or disapproval thereof within 30 days of the date of the
department's making such an application. The commission shall
provide in any bond financing order for a procedure for the
expeditious approval by the commission of periodic adjustments to the
DWR Bond Set-Aside that are the subject of the pertinent bond
financing order, as required by subdivision (e). The procedures
shall require the commission to determine not less frequently than
annually whether adjustments to the DWR Bond Set-Aside are required,
and for the adjustments, if required, to be approved within 30 days
of the date of completion of the review.
(h) Any DWR Bond Set-Aside shall consist of and be derived from a
portion of the rate levels in effect on September 30, 2001, and may
not result in an increase in those rate levels. This subdivision
does not affect any legal authority the commission has for changing
rate levels for any other purpose not related to the DWR Bond
Set-Aside.
(i) There is hereby established in the State Treasury the DWR Bond
Repayment Fund. Notwithstanding Section 13340 of the Government
Code, all moneys in the fund are continuously appropriated, without
regard to fiscal year, to the department, and shall be available
solely for the purpose of the payment of the costs of issuing,
servicing, and retiring the bonds in accordance with their terms,
together with the interest thereon, including any costs related to
credit enhancement or interest rate protection.
SEC. 10. Section 80132 of the Water Code is amended to read:
80132. (a) Bonds may be issued by the department upon
authorization by written determination of the director of the
department with the approval of the Director of Finance and the State
Treasurer. The Department of Finance shall notify the Chairperson
of the Joint Legislative Budget Committee and the chairperson of the
committee in each house that considers appropriations of its written
determination. The bonds shall be sold at such prices and in such
manner, and on such terms and conditions, as shall be specified in
such determination, and such determination may contain or authorize
any other provision, condition, or limitation not inconsistent
herewith and such provisions as may be deemed reasonable and proper
for the security of the bondholders. Bonds may mature at such time
or times, and bear interest at such rate or rates, which may be fixed
or variable and be determined by reference to an index or such other
method, as shall be specified in such determination. Neither the
person executing the determination to issue bonds nor any person
executing bonds shall be personally liable therefor or be subject to
any personal liability or accountability by reason of the issuance
thereof.
(b) In the discretion of the department, any bonds may be secured
by a trust agreement by and between the department and a corporate
trustee, which may be any trust company or bank having trust powers
within or without the state, or the State Treasurer. Notwithstanding
any other provision of law, the State Treasurer shall not be deemed
to have a conflict of interest by reason of acting as such trustee.
The department may enter into such contracts or arrangements as it
shall deem to be necessary or appropriate for the issuance and
further security of the bonds.
(c) Bonds shall be legal investments for all trust funds, the
funds of all insurance companies, banks both commercial and savings,
trust companies, executors, administrators, trustees, and other
fiduciaries, for state school funds, pension funds, and, for any
funds that may be invested in county, school, or municipal bonds.
(d) Notwithstanding that bonds may be payable from a special fund,
they shall be deemed to be negotiable instruments for all purposes.
(e) Any and all bonds, their transfer and the income therefrom
shall at all times be free from taxation of every kind by the state
and by all political subdivisions of the state.
(f) Bonds shall not be deemed to constitute a debt or liability of
the state or of any political subdivision thereof, other than the
department, or a pledge of the full faith and credit of the state or
of any such political subdivision but shall be payable solely from
the funds herein provided for. All bonds shall contain a statement
to the following effect:
"Neither the full faith and credit nor the taxing power of the
State of California is pledged to the payment of the principal of or
interest on this bond."
The issuance of bonds shall not directly or indirectly or
contingently obligate the state or any political subdivision thereof
to levy or to pledge any form of taxation whatever therefor or to
make any appropriation for their payment.
(g) The department may pledge or assign the revenues from a DWR
Bond Set-Aside, and rights to receive the same, and moneys on deposit
in the DWR Bond Repayment Fund and income or revenue derived from
the investment thereof, as security for the repayment of the bonds
and any credit enhancement or interest rate protection issued in
connection with the bonds. It is the intention of the Legislature
that any pledge of moneys, revenues, or property made by the
department shall be valid and binding from the time when the pledge
is made; that the DWR Bond Set-Aside so pledged and moneys derived
therefrom thereafter collected from retail end use customers, or paid
directly or indirectly to or for the account of the department, is
hereby made, and shall immediately be, subject to the lien of such
pledge without any physical delivery thereof or further act; that the
lien of any such pledge shall be valid and binding as against all
parties having claims of any kind in tort, contract, or otherwise
against the department irrespective of whether such parties have
notice thereof, and that no resolution or instrument by which such
pledge or lien created pursuant to this subdivision is expressed,
confirmed, or approved need be filed or recorded in order to perfect
such pledge or lien. The provisions hereof shall in all respects
govern the creation, perfection, priority, and enforcement of any
lien created hereby or hereunder.
SEC. 11. Section 80134 of the Water Code is amended to read:
80134. (a) The department shall, and in any obligation entered
into pursuant to this division may covenant to, at least annually,
and more frequently as required, establish and
revise revenue requirements sufficient,
together with any moneys on deposit in the fund, to provide all of
the following:
(1) The amounts necessary to pay the principal of and premium, if
any, and interest on all bonds as and when the same shall become due
if there are insufficient funds in the DWR Bond Repayment Fund.
(2) The amounts necessary to pay for power purchased by it and to
deliver that power to purchasers as specified in subparagraphs (A),
(B), (D) and (E) of paragraph (1) of subdivision (j) of Section
80010, in the amounts and at the times the same shall become due.
(3) Reserves in such amount as may be determined by the department
from time to time to be necessary or desirable.
(4) The pooled money investment rate on funds advanced for
electric power purchases prior to the receipt of payment for those
purchases by the purchasing entity.
(5) Repayment to the General Fund of appropriations made to the
fund pursuant hereto or hereafter for purposes of this division,
appropriations made to the Department of Water Resources Electric
Power Fund, and General Fund moneys expended by the department
pursuant to the Governor's Emergency Proclamation dated January 17,
2001.
(6) The administrative costs of the department incurred in
administering this division, if an amount for those costs has been
appropriated by the Legislature.
(b) The department shall notify the commission of its revenue
requirements pursuant to Section 80110.
SEC. 12. Section 80200 of the Water Code is amended to read:
80200. (a) There is hereby established in the State Treasury the
Department of Water Resources Electric Power Fund. Notwithstanding
Section 13340 of the Government Code, all moneys in the fund are
continuously appropriated, without regard to fiscal year, to the
department, and shall be available for the purposes of this division.
It is the intent of the Legislature that this fund be a
continuation of the fund created in Chapter 3 of the Statutes of the
2001-02 First Extraordinary Session.
(b) All revenues payable to the department under this division,
including the net proceeds of bonds, shall be deposited in the fund,
other than the revenues from the DWR Bond Set-Aside, which shall be
deposited into the DWR Bond Repayment Fund. Notwithstanding any
other provision of law, interest accruing on money in the fund shall
remain in the fund and shall be used for the purposes of this
division. Payments from the fund may be made only for the purposes
authorized by this division, including, but not limited to, payments
for any of the following:
(1) The cost of electric power and transmission, scheduling, and
other related expenses incurred by the department.
(2) The pooled money investment rate on funds advanced for
electric power purchases prior to the receipt of payment for those
purchases by the purchasing entity.
(3) Payment of any bonds or of any other contractual obligations
authorized by this division.
(4) Payment of any interim loan or indebtedness incurred pursuant
to Chapter 4 of the Statutes of the 2001-02 First Extraordinary
Session.
(5) Repayment to the General Fund of appropriations made to the
fund pursuant hereto or hereafter for purposes of this division,
appropriations made to the Department of Water Resources Electric
Power Fund, and General Fund moneys expended by the department
pursuant to the Governor's Emergency Proclamation dated January 17,
2001. That repayment shall be made as soon as practicable.
(c) Except as provided in subdivision (b) of Section 5 of the
statute adding this section, the administrative costs of the
department incurred in administering this division shall be provided
in the annual Budget Act, if an amount for those costs has been
appropriated by the Legislature.
(d) Obligations authorized by this division shall be payable
solely from the fund. Neither the full faith and credit nor the
taxing power of the state are or may be pledged for any payment under
any obligation authorized by this division.
(e) While any obligations of the department incurred under this
division remain outstanding and not fully performed or discharged,
the rights, powers, duties, and existence of the department and the
commission shall not be diminished or impaired in any manner that
will affect adversely the interests and rights of the holders of or
parties to such obligations. The department may include this pledge
and undertaking of the state in the department's obligations.
SEC. 13. 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. 14. 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 assure the timely issuance of revenue bonds by the
Department of Water Resources to provide for the repayment of funds
advanced from the General Fund to pay for the purchase of electric
power needed to protect the safety, health, and well-being of the
people of California, it is necessary that this act take effect
immediately.