reglab/statecodes huggingface dataset:
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 2 - Power Program › ARTICLE 1 - Powers of the Department › Section 80100.

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, scheduling, and other related power services necessary or desirable to accomplish the purposes of this division.
(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 2 - Power Program › ARTICLE 1 - Powers of the Department › Section 80102.

80102. (a) Contracts under this division may provide for the assignment thereof on any terms and conditions as the contracts may specify.
(b) Any contract for the purchase or sale of electric power shall contain any contractual terms and security provisions as are determined by the department to be necessary or appropriate and the department may enter into such arrangements as may be necessary or appropriate to implement the foregoing.
(c) Notwithstanding any other provision of law, the department may pay or provide for the payment of power or use of transmission or distribution facilities and other related services prior to the delivery or utilization thereof, provided that the department determines that prepayment is beneficial to ratepayers and that adequate provision has been made for the security of the department.
(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 2 - Power Program › ARTICLE 1 - Powers of the Department › Section 80104.

80104. Upon the delivery of power to them, the retail end use customers shall be deemed to have purchased that power from the department. Payment for any sale shall be a direct obligation of the retail end use customer to the department.
(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 2 - Power Program › ARTICLE 1 - Powers of the Department › Section 80106.

80106. (a) The department may contract with the related electrical corporation or its successor in the performance of related service, for the electrical corporation or its successor in the performance of related service, to transmit or provide for the transmission of, and distribute all power made available by the department, and, as agent of the department, provide billing, collection, and other related services on terms and conditions that reasonably compensate the electrical corporation for its services, and adequately secure payment to the department.
(b) At the request of the department, the commission shall order the related electrical corporation or its successor in the performance of related service, to transmit or provide for the transmission of, and distribute all power made available by the department, and, as agent of the department, provide billing, collection, and other related services on terms and conditions that reasonably compensate the electrical corporation for its services, and adequately secure payment to the department.
(Amended by Stats. 2001, 1st Ex. Sess., Ch. 9, Sec. 3. Effective August 13, 2001.)
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 2 - Power Program › ARTICLE 1 - Powers of the Department › Section 80108.

80108. The commission may issue rules regulating the enforcement of the agency function pursuant this division, including collection and payment to the department.
(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 2 - Power Program › ARTICLE 1 - Powers of the Department › Section 80112.

80112. All money collected with respect to any power acquired and sold pursuant to this division and the Governor’s Emergency Proclamation dated January 17, 2001, and all money paid directly or indirectly to or for the account of the department with respect to any sale, exchange, transfer, or disposition of power acquired pursuant hereto, shall constitute property of the department and shall be deposited in the fund in accordance with subdivision (b) of Section 80200. To the extent any moneys are received by an electrical corporation pursuant to Section 80106 in the process of collection, and pending their transfer to the department, 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.
(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 2 - Power Program › ARTICLE 1 - Powers of the Department › Section 80116.

80116. The department may sell any power acquired by the department pursuant to this division to retail end use customers, and to local publicly owned electric utilities, at not more than the department’s acquisition costs, including transmission, scheduling, and other related costs, plus other costs as provided in Section 80200, or exchange power with any person or public or private entity. The department may not sell power to any local publicly owned electric utility, as defined in Section 9604 of the Public Utilities Code, which is itself a net seller of power. However, to the extent that any acquired power is not required for use within the state, if it is otherwise advantageous and necessary, the power may be sold, transferred, or otherwise disposed of, or an option may be granted with respect to the power, to any person or public or private entity. Except to maintain system integrity, the department shall sell the power that is to be delivered to retail end use customers within the service area of the electrical corporations that purchase power from the electrical corporations directly to the retail end use customers.
(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 2 - Power Program › ARTICLE 1 - Powers of the Department › Section 80120.

80120. The department may fix and establish the procedure and charges for the sale or other disposal of power purchased by the department.
(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 2 - Power Program › ARTICLE 1 - Powers of the Department › Section 80122.

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 Human Resources, 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.
(c) Contract for the services of other public agencies.
(d) The State Personnel Board and the Department of Human Resources 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.
(Amended by Stats. 2012, Ch. 665, Sec. 191. (SB 1308) Effective January 1, 2013.)
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 2.5 - Bonds › Section 80130.

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 fund, is estimated by the department to exceed the amounts estimated to be available in the fund for their payment.
(b) 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 the greater of thirteen billion four hundred twenty-three million dollars ($13,423,000,000) or the amount calculated by multiplying by a factor of four the annual revenues generated by the California Procurement Adjustment, as determined by the commission pursuant to Section 360.5 of the Public Utilities Code if the aggregate amount does not exceed thirteen billion four hundred twenty-three million dollars ($13,423,000,000).
(c) This section does not 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 2001–02 First Extraordinary Session.
(d) (1) Refunding bonds for any of the following purposes shall not be included in the calculation of the aggregate amount:
(A) Refunding bonds to obtain a lower interest rate.
(B) Refunding bonds bearing a variable interest rate with bonds bearing interest at a fixed interest rate.
(C) Refunding bonds if any nationally recognized rating agency reduces or withdraws, or proposes to reduce or withdraw, the rating assigned to securities that are secured by bond insurance policies, credit or liquidity facilities issued by the provider of a bond insurance policy, or a credit or liquidity facility securing the bonds being refunded.
(2) All refunding bonds issued by the department under this chapter before January 1, 2010, shall be deemed to have been issued for one or more purposes described in this subdivision and shall not be included in the calculation of the aggregate amount.
(e) 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. This mechanism may include, but is not limited to, an agreement between the department and the commission as described in Section 80110.
(Amended by Stats. 2009, Ch. 154, Sec. 1. (AB 1550) Effective January 1, 2010.)
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 2.5 - Bonds › Section 80134.

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.
(2) The amounts necessary to pay for power purchased by it and to deliver it to purchasers, including the cost of electric power and transmission, scheduling, and other related expenses incurred by the department, or to make payments under any other contracts, agreements, or obligations entered into by it pursuant hereto, 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.
(b) The department shall notify the commission of its revenue requirement pursuant to Section 80110.
(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 3 - Department of Water Resources Electric Power Fund › Section 80200.

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 2001 (SB 7 of the First 2001–02 Extraordinary Session).
(b) All revenues payable to the department under this division shall be deposited in the 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 other contractual obligations authorized by this division.
(4) 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.
(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.
(Amended by Stats. 2001, 1st Ex. Sess., Ch. 9, Sec. 7. Effective August 13, 2001.)
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 5 - Termination of Authority to Contract › Section 80260.

80260. On and after January 1, 2003, the department shall not contract under this division for the purchase of electrical power. This section does not affect the authority of the department to administer contracts entered into prior to that date or the department’s authority to sell electricity.
(Added by Stats. 2001, 1st Ex. Sess., Ch. 4, Sec. 4. Effective February 1, 2001.)
2023 California Code › Water Code - WAT › DIVISION 27 - PURCHASE AND SALE OF ELECTRIC POWER › CHAPTER 6 - Audit › Section 80270.

80270. The California State Auditor’s Office shall conduct a financial and performance audit of the department’s implementation of this division. The audit shall be completed before December 31, 2001. The office shall issue a final report on or before March 31, 2003.
(Amended by Stats. 2012, Ch. 281, Sec. 43. (SB 1395) Effective January 1, 2013.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 1 - General Provisions › Section 80500.

80500. Nothing in this division shall be construed to reduce or modify an electrical corporation’s obligation to serve. The commission shall issue orders it determines are necessary to carry out this section.
(Added by renumbering Section 80502 by Stats. 2019, Ch. 396, Sec. 53. (AB 1513) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 1 - General Provisions › Section 80502.

80502. (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 liberally construed in a manner so as to effectuate its purposes and objectives.
(Added by renumbering Section 80503 by Stats. 2019, Ch. 396, Sec. 54. (AB 1513) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 1 - General Provisions › Section 80504.

80504. (a) The powers and responsibilities of the department established pursuant to this division are separate from, and not governed by, the provisions relating to the State Water Resources Development System.
(b) The Department of Water Resources Charge Fund established in Section 80550 and the moneys in that fund are separate and distinct from any other fund and moneys administered by the department.
(Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 1 - General Provisions › Section 80506.

80506. As used in this division, unless the context otherwise requires, the following terms have the following meanings:
(a) “Administrator” has the same meaning as defined in Section 3280 of the Public Utilities Code.
(b) “Bonds” means bonds, notes, or other evidences of indebtedness issued solely for purposes of supporting the Wildfire Fund and other related expenses incurred by the department pursuant to this division, or for reimbursing expenditures from the fund or the Wildfire Fund for those purposes; repaying to the Surplus Money Investment Fund any loans made to the Wildfire Fund; establishing or maintaining reserves in connection with the bonds; costs of issuance of bonds or incidental to their payment or security; capitalized interest; or renewing or refunding any bonds.
(c) “Commission” means the Public Utilities Commission.
(d) “Electrical corporation” means a large electrical corporation, as defined in Section 3280 of the Public Utilities Code, that participates in the Wildfire Fund.
(e) “Fund” means the Department of Water Resources Charge Fund established by Section 80550.
(f) “Wildfire Fund” has the same meaning as defined in Section 3280 of the Public Utilities Code.
(Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 1 - General Provisions › Section 80508.

80508. (a) The department may prescribe, adopt, and enforce emergency regulations relating to the administration and enforcement of this division. Any emergency regulations prescribed, adopted, or enforced pursuant to this division shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of such regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare.
(b) 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, unless the department determines that application of any of those provisions to contracts entered into under this division is detrimental to accomplishing the purposes of this division.
(Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 1 - General Provisions › Section 80510.

80510. All state agencies and other official state organizations, and all persons connected with those agencies and organizations, shall, at the request of the department, give the department assistance or other cooperation in carrying out the purposes of this division.
(Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 2 - Powers of the Department › Section 80520.

80520. (a) The department may contract with an electrical corporation or its successor in the performance of related service, as an agent of the department, to provide billing, collection, and other related services on terms and conditions that reasonably compensate the electrical corporation or its successor for its services, and adequately secure payment to the department.
(b) At the request of the department, the commission shall order an electrical corporation or its successor to perform the duties pursuant to a contract described in subdivision (a).
(Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 2 - Powers of the Department › Section 80522.

80522. The commission may issue rules regulating the enforcement of the agency functions pursuant this division, including collection and payment to the department.
(Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 2 - Powers of the Department › Section 80524.

80524. (a) The revenue requirement for each year or, with respect to the first year and last year, the pro rata portion of the year, shall be equal to the average annual amount of collections by the department with respect to charges imposed pursuant to the revenue requirements established by the department under Section 80110 for the period from January 1, 2013, through December 31, 2018. The revenue requirement shall remain in effect until January 1, 2036.
(b) If, pursuant to Section 3289 of the Public Utilities Code, the commission makes a just and reasonable determination with respect to the revenue requirement, then the commission shall enter into an agreement with the department with respect to charges under Section 3289 of the Public Utilities Code with respect to the revenue requirement, and that agreement shall have the force and effect of an irrevocable 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. The agreement and financing order shall provide for the administration of the revenue requirement, including provisions to the effect that (1) the department shall notify the commission each year of the annual collections received by the department with respect to the revenue requirement and the amount of any excess or deficiency in collections above or below the revenue requirement and that the commission shall adjust charges in the subsequent year to reflect any such excess or deficiency, and (2) during any revenue requirement period if the department forecasts that the revenue requirement for that period will not be met and that collections will not be sufficient to fund any of the amounts in paragraphs (1) to (5), inclusive, of Section 80544, then the department shall notify the commission in writing and the commission shall act within 30 days to increase charges so that the amounts collected during that period are sufficient to meet those obligations. For avoidance of doubt, no such adjustment to charges by the commission shall affect in any respect the commission’s just and reasonable determination with respect to the revenue requirement.
(Amended by Stats. 2019, Ch. 396, Sec. 55. (AB 1513) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 2 - Powers of the Department › Section 80526.

80526. To the extent any moneys are received by an electrical corporation pursuant to Section 80520 in the process of collection, and pending their transfer to the department, those moneys shall be segregated by the electrical corporation on terms and conditions established by the department and shall be held in trust for the department’s exercise of its obligations regarding those moneys until paid over to the department pursuant to the contract or order established pursuant to Section 80520.
(Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 2 - Powers of the Department › Section 80528.

80528. (a) The department may do any of the following as may be, in the determination of the department, necessary for the purposes of this division:
(1) 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.
(2) Contract for the services of other public agencies.
(3) Engage in such activities or enter into such contracts or arrangements as may be necessary or desirable to carry out the department’s duties and responsibilities pursuant to this division.
(b) Hire personnel necessary and desirable for the timely and successful implementation and administration of the department’s duties and responsibilities pursuant to this division. The State Personnel Board and the Department of Human Resources shall assist the department in expediting that hiring.
(Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 3 - Bonds › Section 80540.

80540. (a) The department may incur indebtedness and issue bonds as evidence thereof solely for the purposes of supporting the Wildfire Fund and other related expenses incurred by the department pursuant to this division, provided that bonds may not be issued in an amount the debt service on which, to the extent payable from the fund, is estimated by the department to exceed the amounts estimated to be available in the fund for their payment.
(b) The department may authorize the issuance of bonds, excluding any notes issued in anticipation of the issuance of bonds and retired from the proceeds of those bonds, in an aggregate amount up to ten billion five hundred million dollars ($10,500,000,000).
(c) Refunding bonds for any of the following purposes shall not be included in the calculation of the aggregate amount described in subdivision (b):
(1) Refunding bonds to obtain a lower interest rate.
(2) Refunding bonds bearing a variable interest rate with bonds bearing interest at a fixed rate.
(3) Refunding bonds if any nationally recognized rating agency reduces or withdraws, or proposes to reduce or withdraw, the rating assigned to securities that are secured by bond insurance policies, credit or liquidity facilities issued by the provider of a bond insurance policy, or a credit or liquidity facility securing the bonds being refunded.
(d) Before the issuance of bonds in a public offering, the department shall establish a mechanism to ensure the bonds are sold at investment grade ratings and repaid on a timely basis from pledged revenues. This mechanism may include, but is not limited to, an agreement between the department and the commission as described in Section 80524.
(e) Notwithstanding any provision of this division to the contrary, the department shall not issue any bonds pursuant to this division until the earlier of either of the following:
(1) The date on which the department shall have legally defeased all of its outstanding power supply revenue bonds issued pursuant to Section 80134 and provided written notice to the commission.
(2) The date on which the department shall have paid in full, at maturity, all of its outstanding power supply revenue bonds issued pursuant to Section 80134 and provided written notice to the commission.
(Added by Stats. 2019, Ch. 79, Sec. 22. (AB 1054) Effective July 12, 2019.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 3 - Bonds › Section 80544.

80544. (a) If, pursuant to Section 80524, the commission makes a just and reasonable determination with respect to that revenue requirement, the department shall, and in any obligation entered into pursuant to this division may covenant to, at least annually, and more frequently as required, allocate or cause to be allocated moneys collected pursuant to this division to provide any 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 bonds shall become due.
(2) The amounts necessary to make payments under any contracts, agreements, or obligations entered into by it pursuant hereto, in the amounts and at the times they 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) Consistent with Section 3288 of the Public Utilities Code, repayment of loans made from the Surplus Money Investment Fund to the Wildfire Fund.
(5) The administrative costs of the department incurred in administering this division.
(6) After meeting the purposes in paragraphs (1) to (5), inclusive, the transfer of any remaining revenue requirement amount to the Wildfire Fund.
(b) The commission shall not revise the revenue requirement established pursuant to this division at any time prior to January 1, 2036. For avoidance of doubt, the revenue requirement established pursuant to this division shall not be imposed and collected until the department has legally defeased or paid at maturity the power supply revenue bonds issued pursuant to Section 80134 and provided written notice thereof to the commission.
(Amended by Stats. 2019, Ch. 396, Sec. 56. (AB 1513) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 28 - WILDFIRE PREVENTION AND RECOVERY ACT OF 2019 › CHAPTER 4 - Department of Water Resources Charge Fund › Section 80550.

80550. (a) There is hereby established in the State Treasury the Department of Water Resources Charge 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.
(b) All revenues payable to the department under this division, including proceeds of bonds issued pursuant to Chapter 3 (commencing with Section 80540), shall be deposited in the fund. Notwithstanding any other law, interest accruing on the moneys in the fund shall be deposited in the fund and shall be used for purposes of this division. Payments from the fund may be made only for the following purposes:
(1) Payment of any bonds or other contractual obligations authorized by this division.
(2) The expenses incurred by the department in administering this division.
(3) Consistent with Section 3288 of the Public Utilities Code, repayment of principal of, and interest on, loans made from the Surplus Money Investment Fund to the Wildfire Fund. Repayment of loans made from the Surplus Money Investment Fund shall be made as soon as practicable.
(4) The transfers to the Wildfire Fund.
(c) 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.
(d) 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 those obligations. The department may include this pledge and undertaking of the state in the department’s obligations.
(Amended by Stats. 2019, Ch. 396, Sec. 57. (AB 1513) Effective January 1, 2020.)
2023 California Code › Water Code - WAT › DIVISION 29 - Electricity Supply Strategic Reliability Reserve Program › CHAPTER 1 - General Provisions and Definitions › Section 80700.

80700. (a) The Legislature finds and declares all of the following:
(1) California is a leader in driving the affordable and equitable transition to a clean reliable energy system and economy. However, the impacts of climate change are occurring sooner and with more intensity and frequency than previously anticipated.
(2) Extreme events from climate change, including heat waves, wildfires, and drought, combined with other factors, such as supply chain disruptions, are jeopardizing California’s ability to build out the electrical infrastructure needed to maintain affordability and reliability.
(3) As California transitions to a clean energy future and contends with climate impacts and other challenges, sufficient capacity of new and existing generation assets will be required to maintain reliability during extreme events.
(4) California must ensure electricity reliability during this period of heightened risk, which includes extraordinary near-term measures and substantive changes to mid-term energy policy, while also ensuring the multifaceted California electrical grid is best positioned to sustainably and equitably achieve California’s clean energy future, climate targets, and air quality requirements.
(b) It is the intent of the Legislature that:
(1) The enactment of this division further the purposes of Chapter 8.9 (commencing with Section 25790) of Division 15 of the Public Resources Code. 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 public peace, health, and safety, and constitutes an essential governmental purpose. This division shall be liberally construed in a manner so as to effectuate its purposes and objectives.
(2) The powers and responsibilities of the department established under this division are not governed by the provisions related to the State Water Resources Development System pursuant to Chapter 8 (commencing with Section 12930) of Part 6 of Division 6, and this division should not constitute a limitation on, or modification of, the department’s authority pursuant to Chapter 8 (commencing with Section 12930) of Part 6 of Division 6.
(Added by Stats. 2022, Ch. 61, Sec. 13. (AB 205) Effective June 30, 2022.)
2023 California Code › Water Code - WAT › DIVISION 29 - Electricity Supply Strategic Reliability Reserve Program › CHAPTER 1 - General Provisions and Definitions › Section 80700.5.

80700.5. This division shall be known, and may be cited, as the Electricity Supply Strategic Reliability Reserve Program.
(Added by Stats. 2023, Ch. 53, Sec. 14. (SB 124) Effective July 10, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29 - Electricity Supply Strategic Reliability Reserve Program › CHAPTER 1 - General Provisions and Definitions › Section 80701.

80701. For purposes of this division, the following definitions apply:
(a) “California balancing authority” has the same meaning set forth in Section 399.12 of the Public Utilities Code.
(b) “Commission” means the State Energy Resources Conservation and Development Commission.
(c) “Load-serving entity” has the same meaning as defined in Section 380 of the Public Utilities Code.
(d) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3 of the Public Utilities Code.
(Added by Stats. 2022, Ch. 61, Sec. 13. (AB 205) Effective June 30, 2022.)
2023 California Code › Water Code - WAT › DIVISION 29 - Electricity Supply Strategic Reliability Reserve Program › CHAPTER 2 - Electricity Supply Strategic Reliability Reserve Agreements › Section 80711.

80711. The department, in consultation with the commission, shall recover all of the costs it incurs pursuant to this chapter from the Department of Water Resources Electricity Supply Reliability Reserve Fund established pursuant to Section 80720. The department and its customers shall not bear any of the costs associated with carrying out the purposes of Chapter 8.9 (commencing with Section 25790) of Division 15 of the Public Resources Code, and those costs shall not be included in the prices, rates, and charges for water and electricity under the water supply contracts executed pursuant to Chapter 8 (commencing with Section 12930) of Part 6 of Division 6.
(Added by Stats. 2022, Ch. 61, Sec. 13. (AB 205) Effective June 30, 2022.)
2023 California Code › Water Code - WAT › DIVISION 29 - Electricity Supply Strategic Reliability Reserve Program › CHAPTER 2 - Electricity Supply Strategic Reliability Reserve Agreements › Section 80712.

80712. The department may do any of the following as necessary, as determined by the department, for purposes of this division:
(a) Engage the services of private parties to render professional and technical assistance and advice and other services in carrying out the purposes of this chapter.
(b) Contract for the services of other public agencies.
(c) Engage in activities or enter into contracts or arrangements as may be necessary or desirable to carry out the department’s duties and responsibilities pursuant to this division.
(d) Hire personnel necessary and desirable for the timely and successful implementation and administration of the department’s duties and responsibilities pursuant to this division. The State Personnel Board and the Department of Human Resources shall assist the department in expediting that hiring.
(Added by Stats. 2022, Ch. 61, Sec. 13. (AB 205) Effective June 30, 2022.)
2023 California Code › Water Code - WAT › DIVISION 29 - Electricity Supply Strategic Reliability Reserve Program › CHAPTER 4 - Miscellaneous › Section 80730.

80730. Beginning on January 31, 2023, and every May 1, August 1, and December 1 annually thereafter, the department shall issue a written report to the Joint Legislative Budget Committee, detailing the actions undertaken by the department in the period since the previous report was submitted pursuant to this division and up until that date, including, but not limited to, all of the following:
(a) Amount of funds expended.
(b) Purpose of funds expended.
(c) Status of actions funded.
(d) For new and expanded resources, the amount by megawatt, resource type, operational date, and expected lifetime of that capacity.
(e) The frequency at which resources funded by the department have been used and the extent to which they complied with the requirements of this chapter.
(f) In consultation with the state board, estimate or provide the best available information on the emissions of greenhouse gases, criteria air pollutants, and toxic air contaminants emitted by the resources funded by the department over the period since the previous report.
(g) Summary of contracts, grants, and loans issued pursuant to this division.
(Added by Stats. 2022, Ch. 61, Sec. 13. (AB 205) Effective June 30, 2022.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 1 - General Provisions › Section 80800.

80800. This division does not reduce or modify an electrical corporation’s obligation to serve.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 1 - General Provisions › Section 80801.

80801. The commission shall issue orders it determines are necessary to carry out this division.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 1 - General Provisions › Section 80803.

80803. The development and operation of a central procurement function program by the department, as provided in this division, is in all respects for the welfare and benefit of the people of the state, to protect the public peace, health, and safety, and constitutes an essential government purpose.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 1 - General Provisions › Section 80804.

80804. This division shall be liberally construed in a manner so as to effectuate its purposes and objectives.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 1 - General Provisions › Section 80805.

80805. (a) The powers and responsibilities of the department established pursuant to this division are separate from, and not governed by, the provisions relating to the State Water Resources Development System, including, but not limited to, those powers and responsibilities granted pursuant to Part 3 (commencing with Section 11100) of Division 6 and the California Water Resources Development Bond Act (Chapter 8 (commencing with Section 12930) of Part 6 of Division 6).
(b) This division does not subject the department to the jurisdictional authority of the commission or expand the jurisdiction of the commission, including that state water resources development system facilities subject to the California Water Resources Development Bond Act (Chapter 8 (commencing with Section 12930) of Part 6 of Division 6) and the department’s other electrical generation projects or power contracts outside of those funded through the fund, remain outside the jurisdiction of the commission.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 2 - Definitions › Section 80810.

80810. For purposes of this division, the following definitions apply:
(a) “Bond” means any bond, note, or other written evidence of indebtedness issued solely for purposes of supporting the fund and other related expenses incurred by the department pursuant to this division, or for reimbursing expenditures from the fund for those purposes, establishing or maintaining reserves in connection with a bond, costs of issuance of a bond or incidental to its payment or security, capitalized interest, or renewing or refunding any bonds.
(b) “California balancing authority” has the same meaning as defined in Section 399.12 of the Public Utilities Code.
(c) “Commission” means the Public Utilities Commission.
(d) “Electrical corporation” has the same meaning as defined in Section 218 of the Public Utilities Code.
(e) “Eligible energy resource” means an energy resource eligible to be procured by the Department of Water Resources pursuant to Section 454.52 of the Public Utilities Code that has a first point of interconnection with a California balancing authority.
(f) “Energy Commission” means the State Energy Resources Conservation and Development Commission.
(g) “Fund” means the Eligible Energy Resource Central Procurement Fund established in Section 80830.
(h) “Independent System Operator” means the Independent System Operator described in Article 3 (commencing with Section 345) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code.
(i) “Load-serving entity” has the same meaning as defined in Section 380 of the Public Utilities Code.
(j) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3 of the Public Utilities Code.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 3 - Department Powers › Section 80822.

80822. (a) Pursuant to Section 80820, the department may establish a schedule and mechanism for a local publicly owned electric utility to voluntarily obtain from the department eligible energy resources to be acquired by the department through its central procurement function on a contract-by-contract basis.
(b) In order to voluntarily participate, a local publicly owned electric utility shall commit to the imposition of a nonbypassable charge on its ratepayers sufficient at all times to fund its participation and on terms and conditions as set forth in Section 80826.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)
2023 California Code › Water Code - WAT › DIVISION 29.5 - ELIGIBLE ENERGY RESOURCE CENTRAL PROCUREMENT › CHAPTER 3 - Department Powers › Section 80822.5.

80822.5. (a) Load-serving entities shall have a voluntary option to obtain incremental eligible energy resources from the department beyond the amounts allocated to the load-serving entity from procurement pursuant to paragraph (1) of subdivision (a) of Section 80820, subject to the approval of the commission and a specific determination by the commission that sufficient capacity is available to accommodate the request to obtain amounts beyond those allocated to the load-serving entity.
(b) The department, in consultation with the commission, may establish a schedule for load-serving entities to provide advance notice of an intent to obtain incremental eligible energy resources. Any load-serving entity exercising its option to voluntarily participate shall be obligated to impose a nonbypassable charge on its ratepayers sufficient to fund its allocated share of the costs of incremental eligible energy resources for the duration of the contract, as determined by the department and approved by the commission, if applicable.
(Added by Stats. 2023, Ch. 367, Sec. 15. (AB 1373) Effective October 7, 2023.)