BILL NUMBER: AB 426	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 27, 2003
	AMENDED IN ASSEMBLY  MAY 8, 2003

INTRODUCED BY   Assembly Member Richman

                        FEBRUARY 14, 2003

   An act to add Section 139 to the Water Code, relating to the State
Water Project.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 426, as amended, Richman.  State Water Project:  solar panels.
   Under existing law, the Department of Water Resources operates the
State Water Project.
   This bill would require the department to establish a 
program   procedure  to authorize private entities
to lease space above appropriate conveyance facilities of the State
Water Project for the purposes of installing solar panels and
generating electricity from those panels.   The bill would
authorize the department to deny a lease request if the department
determines that the proposed project would interfere with the
operation of the State Water Project.   The bill would require
the department to include certain conditions in the leases.  The bill
would authorize the department to  impose charges, for the
purposes of carrying out these provisions, that reflect only the
actual costs incurred by the department   negotiate any
level of compensation for an agreement for the installation of solar
photovoltaic systems in accordance with the bill that is equal to, or
greater than, the cost to the department to meet its obligations
under the agreement  .
   Vote:  majority.  Appropriation:  no.  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 that it is in the
interest of the state to conserve resources and to promote projects
that further that interest.
  SEC. 2.  Section 139 is added to the Water Code, to read:
   139.  (a) The department shall establish a  program
  procedure  to authorize private entities to lease
space above appropriate conveyance facilities of the State Water
Project for the purpose of installing solar panels and generating
electricity from those panels.   Upon request, the department
shall evaluate proposals for installing solar photovoltaic systems.
The cost of that evaluation shall be paid by the requester. 
   (b)  The department may deny a lease request if the department
determines that the proposed project would interfere with the
operation of the State Water Project.
   (c)  The department shall include, but is not limited to, the
following conditions in a lease pursuant to this section:
   (1) The solar panels shall be interconnected to the electric
transmission grid in accordance with applicable rules, orders, or
tariffs of the Public Utilities Commission.
   (2) If the Independent System Operator declares a Stage 3
emergency regarding the electric system, the electricity generated
from the solar panels may not be sold out of state. 
   (c)  
   (d)  For the purposes of carrying out subdivision (a), the
 department may impose charges that reflect only the actual
costs incurred by the department.   department may
negotiate any level of compensation for an agreement for the
installation of solar photovoltaic systems in accordance with this
section that is equal to, or greater than, the cost to the department
to meet its obligations under the agreement.