General Provisions And Definitions - - CA Water

Section § 80000

This statute highlights the importance of reliable and affordable electric service for the safety and well-being of Californians. Due to unexpected shortages and rising energy costs, the situation poses an urgent threat to the public's safety and health. Therefore, the state needs to engage in energy markets to manage power effectively.

The law also emphasizes the need for the department to quickly hire skilled personnel with expertise in energy marketing, scheduling, and accounting to address these challenges efficiently.

The Legislature hereby finds and declares all of the following:

(a) The furnishing of reliable reasonably priced electric service is essential for the safety, health, and well-being of the people of California. A number of factors have resulted in a rapid, unforeseen shortage of electric power and energy available in the state and rapid and substantial increases in wholesale energy costs and retail energy rates, with statewide impact, to such a degree that it constitutes an immediate peril to the health, safety, life and property of the inhabitants of the state, and the public interest, welfare, convenience and necessity require the state to participate in markets for the purchase and sale of power and energy.

(b) In order for the department to adequately and expeditiously undertake and administer the critical responsibilities established in this division, it must be able to obtain, in a timely manner, additional and sufficient personnel with the requisite expertise and experience in energy marketing, energy scheduling, and accounting.

electric service energy shortage wholesale energy costs retail energy rates statewide impact public safety energy marketing energy scheduling accounting expertise department personnel energy management market participation California energy crisis energy costs emergency energy response

(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)

Section § 80002

This section clarifies that any regulations in it do not lessen the duty of electrical corporations to provide service. It also states that the commission has the authority to make orders to support this regulation. Additionally, it emphasizes that the department is not responsible for any past procurement costs of electrical corporations from the time this section became effective.

Nothing in this division shall be construed to reduce or modify any electrical corporation’s obligation to serve. The commission shall issue orders it determines are necessary to carry out this section. Nothing in this section shall be construed to obligate the department for any procurement cost obligations of any electrical corporation that may have existed as of the effective date of this section.

electrical corporation service obligation commission authority procurement cost obligations department liability orders issuance service duty regulations effective date past costs electrical corporations obligation to serve procurement costs regulatory compliance service provision department responsibility

(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)

Section § 80002.5

This law is about how power acquired by a state department should be distributed. It says that this power must be sold to all retail customers who are served by electrical corporations. Additionally, if local publicly owned electric utilities ask for some of this power, they can be sold to them as well, if reasonably possible. The goal is to ensure that the power sold is fairly distributed among different customer classes where feasible.

It is the intent of the Legislature that power acquired by the department under this division shall be sold to all retail end use customers being served by electrical corporations, and may be sold, to the extent practicable, as determined by the department, to those local publicly owned electric utilities requesting such power. Power sold by the department to retail end use customers shall be allocated pro rata among all classes of customers to the extent practicable.

power distribution electrical corporations retail end use customers local publicly owned electric utilities pro rata allocation state department power sales customer classes fair distribution electricity allocation utility requests practicable sales legislative intent electric utilities power acquisition

(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)

Section § 80003

This law states that the development and running of a program under this division are meant for the good of the people, ensuring their peace, health, and safety. It also highlights that this program serves an important government function. Additionally, the law should be interpreted in a way that fulfills its goals and purposes.

(a) The development and operation of a program as provided in this division is in all respects for the welfare and the benefit of the people of the state, to protect the public peace, health, and safety, and constitutes an essential governmental purpose.

(b) This division shall be construed in a manner so as to effectuate the purposes and objectives thereof.

public welfare benefit of the people protect public peace public health and safety essential government purpose program development program operation government function program objectives law interpretation effectuate purposes public benefit program

(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)

Section § 80004

This section outlines the powers and responsibilities of the Department of Water Resources, emphasizing that these duties are independent of the State Water Resources Development System regulations. Additionally, it specifies that the Department of Water Resources Electric Purchases Fund and its money are separate from other funds managed by the department.

(a) The powers and responsibilities of the department established under this division are within the scope of the primary duties of the department, but are not governed by the provisions relating to the State Water Resources Development System.

(b) The Department of Water Resources Electric Purchases Fund, established by Section 80200, and the money in that fund are separate and distinct from any other fund and money administered by the department.

Department of Water Resources Electric Purchases Fund fund management financial separation primary duties State Water Resources Development System independent duties section 80200 water resource management fund distinction water department responsibilities

(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)

Section § 80010

This section defines key terms used in the division related to the issuance of bonds for electric power purposes. 'Bonds' refer to various debt instruments used to finance electric power costs and related expenses. The 'Commission' is the Public Utilities Commission. 'Electrical corporation' and 'Public utility' are defined as per the Public Utilities Code. The 'Fund' mentioned is the Department of Water Resources Electric Power Fund, while 'Local publicly owned electric utility' includes entities providing electricity and is tied to another Public Utilities Code section. 'Power' encompasses electric power and energy, including capacity and output.

As used in this division, unless the context otherwise requires, the following terms have the following meanings:

(a) “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; 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.

(b) “Commission” means the Public Utilities Commission.

(d) “Fund” means the Department of Water Resources Electric Power Fund established by Section 80200.

(e) “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.

(f) “Power” means electric power and energy, including, but not limited to, capacity and output, or any of them.

(g) “Public utility” has the same meaning as that term is defined in Section 216 of the Public Utilities Code.

electric power bonds Public Utilities Commission electrical corporation Department of Water Resources Electric Power Fund local publicly owned electric utility electric power financing power capacity and output Governor’s Emergency Proclamation 2001 Electric Power Fund reserves electric power transmission costs electric utility financing Water Resources Electric Power Fund power capacity bond issuance costs electric power expenses

(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)

Section § 80012

This part of the law says that the department is responsible for ensuring electricity is provided to Californians, either directly or indirectly. However, the department is not allowed to own the electric infrastructure, like power lines or power plants, unless specifically stated otherwise.

The department shall do those things necessary and authorized under Chapter 2 (commencing with Section 80100) to make power available directly or indirectly to electric consumers in California. Except as otherwise stated, nothing in this division authorizes the department to take ownership of the transmission, generation, or distribution assets of any electrical corporation in this state.

electric consumers electricity provision power availability transmission assets generation assets distribution assets electric infrastructure Californian electricity department responsibilities ownership restriction electric corporations Chapter 2 duties power supply indirect electricity provision direct electricity provision

(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)

Section § 80014

This section allows the department and commission to adopt emergency regulations to safeguard public peace, health, safety, and general welfare. Such regulations will expire 180 days after they take effect unless further actions are taken to extend them. Any contracts under this division must generally follow state rules about advertising, competitive bidding, and prompt payments unless these rules interfere with the division's objectives.

(a) The department and commission may adopt regulations for purposes of this division as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of that Chapter 3.5, including Section 11349.6 of the Government Code, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservations of the public peace, health and safety, and general welfare. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, the regulations shall be repealed 180 days after their effective date, unless the adopting authority or agency complies with that Chapter 3.5, as provided in subdivision (e) of Section 11346.1 of the Government Code.

(b) Unless the department determines that application of any such provision to such contracts is detrimental to accomplishing the purposes of this division, the provisions of the Government Code and Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements and prompt payment requirements, apply to contracts entered into under this division.

emergency regulations public health and safety public welfare Office of Administrative Law contract requirements state contracts advertising requirements competitive bidding prompt payment regulation adoption 180-day expiration Chapter 3.5 compliance

(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)

Section § 80016

This law requires all state agencies and their related personnel to assist the department when requested, to help accomplish the objectives set out in this part of the division.

All state agencies and other official state organizations, and all persons connected therewith, shall and are hereby authorized to, at the request of the department, give the department reasonable assistance or other cooperation in carrying out the purposes of this division.

state agencies assistance official cooperation department requests reasonable assistance state organizations department cooperation supporting state objectives inter-agency support compliance with requests state personnel

(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)