80000-80016

WATER CODE
SECTION 80000-80016




80000.  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.




80002.  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.



80002.5.  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.



80003.  (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.



80004.  (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.


80010.  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.
   (c) "Electrical corporation" has the same meaning as that term is
defined in Section 218 of the Public Utilities Code.
   (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.



80012.  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.



80014.  (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.



80016.  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.