Section § 80720

Explanation

This law establishes a special fund called the Department of Water Resources Electricity Supply Reliability Reserve Fund to ensure a stable electricity supply in California. The fund is continuously available to the Department of Water Resources for its operations, without annual budget restrictions. Money received from certain activities and asset sales by the department is directed into this fund. The department can also get federal credits under the Inflation Reduction Act, with any payments going directly into the fund.

The fund operates separately from the department's other finances, with earned interest used exclusively for its purposes. It includes two specific accounts for managing payments from different types of electricity providers. The law outlines the conditions for using federal payments and denotes that accepting such funds won't obligate the state to spend new money on other services. Activities must meet specific legal and fiscal year guidelines.

(a)CA Water Code § 80720(a) There is hereby established in the State Treasury the Department of Water Resources Electricity Supply Reliability Reserve Fund.
(b)CA Water Code § 80720(b) Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the department, without regard to fiscal years, and shall be available for the purposes of Chapter 2 (commencing with Section 80710).
(c)CA Water Code § 80720(c) Obligations authorized and expenses incurred by the department in administering this division shall be payable solely from the fund.
(d)CA Water Code § 80720(d) Except as specified in subdivisions (h) and (i), all revenues payable to the department for activities undertaken by the department under Chapter 2 (commencing with Section 80710) shall be deposited into the fund.
(e)CA Water Code § 80720(e) The fund shall be separate and distinct from any other fund and moneys administered by the department and any interest earned on the moneys in the fund shall be used solely for purposes of this division.
(f)CA Water Code § 80720(f) When fixed assets procured under the authority of this division are sold or otherwise disposed of, the revenue from the sale or disposition, including any gain or loss, measured by the difference between book value and selling price, shall be deposited into the fund and available to the department for purposes of Chapter 2 (commencing with Section 80710). Any remaining revenue from the sale or other disposition of fixed assets procured under the authority of this division shall be returned to the General Fund once all obligations of the department are satisfied after the wind down of this division and the closure of the fund. While any obligation of the department incurred under this division remains outstanding and not fully performed or discharged, the rights, powers, duties, and existence of the department shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of or parties to those obligations.
(g)Copy CA Water Code § 80720(g)
(1)Copy CA Water Code § 80720(g)(1) For activities undertaken by the department pursuant to Chapter 2 (commencing with Section 80710), the department may obtain applicable credits pursuant to the federal Inflation Reduction Act of 2022 (Public Law 117-169). If the department elects for direct payment of those applicable credits, those payments shall be deposited directly into the fund.
(2)CA Water Code § 80720(g)(2) Within 10 days of any payments being deposited into the fund, described in paragraph (1), the department shall provide written notice to the Joint Legislative Budget Committee, who shall provide a copy of the notice to the relevant policy committees. The notice shall include the source, purpose, timeliness, and other relevant information as determined by the department.
(3)CA Water Code § 80720(g)(3) Use of the payments shall be consistent with all of the following:
(A)CA Water Code § 80720(g)(3)(A) The payments shall be expended for a purpose that is consistent with state law.
(B)CA Water Code § 80720(g)(3)(B) Acceptance of the payments does not impose on the state any requirement to commit or expend new state funds for any program or purpose.
(C)CA Water Code § 80720(g)(3)(C) The need exists to expend the payments during the 2023–24 fiscal year.
(D)CA Water Code § 80720(g)(3)(D) The use of the payments shall be consistent with the priorities described in subdivision (a) of Section 38590.1 of the Health and Safety Code.
(h)Copy CA Water Code § 80720(h)
(1)Copy CA Water Code § 80720(h)(1) The Load-Serving Entity Capacity Payment Account is hereby established in the Department of Water Resources Electricity Supply Reliability Reserve Fund.
(2)CA Water Code § 80720(h)(2) Upon appropriation by the Legislature, moneys in the Load-Serving Entity Capacity Payment Account shall be available for purposes of Chapter 2 (commencing with Section 80710).
(3)CA Water Code § 80720(h)(3) All revenues payable to the department pursuant to Section 80713 shall be deposited into the Load-Serving Entity Capacity Payment Account.
(i)Copy CA Water Code § 80720(i)
(1)Copy CA Water Code § 80720(i)(1) The Local Publicly Owned Electric Utility Capacity Payment Account is hereby established in the Department of Water Resources Electricity Supply Reliability Reserve Fund.
(2)CA Water Code § 80720(i)(2) Upon appropriation by the Legislature, moneys in the Local Publicly Owned Electric Utility Capacity Payment Account shall be available for purposes of Chapter 2 (commencing with Section 80710).
(3)CA Water Code § 80720(i)(3) All revenues payable to the department pursuant to Section 80714 shall be deposited into the Local Publicly Owned Electric Utility Capacity Payment Account.