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AB-1 Economic development centers: military bases.(1993-1994)

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AB1:v94#DOCUMENT

Assembly Bill No. 1
CHAPTER 1

An act to amend Section 740.4 of the Public Utilities Code, relating to economic development, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  January 29, 1993. Approved by Governor  January 29, 1993. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1, Baca. Economic development centers: military bases.
Existing law requires the Public Utilities Commission to engage in programs to encourage economic development. Existing law provides that incentives may be provided for the benefit of industries or business entities located within the boundaries of enterprise zones or economic incentive areas.
This bill would provide that previously approved incentives may be applied to attract a federal Department of Defense Finance and Accounting Service Center at the existing site of Norton Air Force Base in San Bernardino County.
This bill would appropriate $1,500,000 from the Federal Trust Fund received from the Petroleum Violation Escrow Account and related sources, to the Trade and Commerce Agency for allocation to the Inland Valley Development Agency to provide funds to rehabilitate facilities to be used by the Defense Finance and Accounting Service Center facility at the existing site of Norton Air Force Base, as specified.
The bill would become inoperative if the federal Department of Defense Finance and Accounting Service Center is not located on Norton Air Force Base in San Bernardino County and would also be inoperative on February 1, 1994, if the facility is not awarded to that site before that date. The bill would declare that it is to take effect immediately as an urgency statute.
Appropriation: YES  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known and may be cited as the Baca-Ayala Economic Development Act.

SEC. 2.

 Section 740.4 of the Public Utilities Code is amended to read:

740.4.
 (a)  The commission shall authorize public utilities to engage in programs to encourage economic development.
(b)  Reasonable expenses for economic development programs, as specified in this section, shall be allowed, to the extent of ratepayer benefit, when setting rates to be charged by public utilities electing to initiate these programs.
(c)  Economic development activities may include, but not be limited to, the following:
(1)  Community marketing and development.
(2)  Technical assistance to support technology transfer.
(3)  Market research.
(4)  Site inventories.
(5)  Industrial and commercial expansion and relocation assistance.
(6)  Business retention and recruitment.
(7)  Management assistance.
(d)  This section shall not be interpreted to permit the funding of economic development activities that benefit any affiliated companies or parent holding companies beyond that which is authorized by law as of January 1, 1992.
(e)  (1)  This section shall not authorize the commission to establish discriminatory rates for the purpose of attracting or benefiting specific industries or business entities, except that incentives may be provided for the benefit of industries or business entities located within the boundaries of enterprise zones or economic incentive areas in accordance with the provisions of Chapter 12.8 (commencing with Section 7070) and Article 1 (commencing with Section 7080) of Chapter 12.9 of Division 7 of Title 1 of the Government Code.
(2)  The commission may apply the incentives authorized by this subdivision that benefit industries or business entities located within the boundaries of economic enterprise zones or incentive areas to attract a federal Defense Finance and Accounting Service Center at the existing site of Norton Air Force Base in San Bernardino County. This paragraph shall become inoperative if the federal Department of Defense Finance and Accounting Service Center is not located upon the premises known as Norton Air Force Base in San Bernardino County and shall also become inoperative on February 1, 1994, if that facility has not been awarded to that site before that date.
(f)  It is the intent of the Legislature that the Public Utilities Commission, in implementing this chapter, shall allow rate recovery of expenses supporting economic development programs within the geographic area served by any public utility to the extent the utility incurring or proposing to incur, those expenses demonstrates that the ratepayers of the public utility will derive a benefit from those programs. Further, it is the intent of the Legislature that expenses for economic development programs incurred prior to the effective date of this chapter, which have not been previously authorized to be recovered in rates, shall not be subject to rate recovery.

SEC. 3.

 (a)  The sum of one million five hundred thousand dollars ($1,500,000) is hereby appropriated as specified in subdivision (b) to the Trade and Commerce Agency for allocation to the Inland Valley Development Agency to provide funds to rehabilitate the existing heating, ventilation, and air conditioning systems and to install insulation in specified facilities to be used by the federal Department of Defense Finance and Accounting Service Center at Norton Air Force Base.
(b)  Notwithstanding Sections 13340 and 16361 of the Government Code, and to the extent permitted by federal law, the appropriation made by subdivision (a) shall be from the money in the Federal Trust Fund created by Section 16360 of the Government Code, received by the state from federal oil overcharge funds in the Petroleum Violation Escrow Account, as defined by Section 155 of the Further Continuing Appropriations Act of 1983 (Public Law 97-377) or other federal law, and from federal oil overcharge funds available pursuant to court judgments or federal agency orders, and is appropriated for the purpose of this section. The money appropriated by this section shall be disbursed by the Controller, subject to approval by the Director of Finance as to which court judgment or federal agency order is the proper source of those funds.
(c)  If for any reason the Defense Finance and Accounting Service Center does not locate at the Norton Air Force Base facility, the money appropriated by this section shall revert to the funding sources specified in subdivision (b).
(d)  The appropriation made by this section shall become inoperative if the federal Department of Defense Finance and Accounting Service Center is not located upon the premises known as Norton Air Force Base in San Bernardino County and shall also become inoperative on February 1, 1994, if that facility has not been awarded to that site before that date.

SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to take those steps necessary to permit the utilization of facilities at military bases being closed for other purposes necessary to the economic well being of the people of the state, it is necessary for this act to take effect immediately.