WHEREAS, on January 17, 2001, I proclaimed a State of Emergency to exist due to the energy shortage in the State of California; and

WHEREAS, efforts by California residents to conserve energy are essential to alleviating the energy shortage; and

WHEREAS, substantial amounts of electricity are consumed through unnecessary outdoor lighting by retail establishments after business hours, including but not limited to, shopping centers, auto malls and dealerships; and

WHEREAS, it is imperative that unnecessary consumption of electricity be eliminated to mitigate the effects of this emergency; and

WHEREAS, the energy shortage is a matter of public safety;

NOW, THEREFORE, I, GRAY DAVIS, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and the statutes of the State of California, including the California Emergency Services Act, and in furtherance of my Proclamation of a State of Emergency, do hereby issue this order:

All California retail establishments, including but not limited to shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non-business hours, except as necessary for the health and safety of the public, employees, or property. "Maximum outdoor lighting capability" means the total amount of wattage used in outdoor lighting to illuminate the outdoor premises of the retail establishment.

On or before February 9, 2001, the Office of Emergency Services in consultation with the Commissioner of the California Highway Patrol and the Sheriffs of the following counties: Los Angeles, Orange, Santa Barbara, Alameda, Shasta, Stanislaus, Sacramento, Fresno, and San Bernardino shall develop plans: (1) for the voluntary implementation of this order as soon as practicable and (2) the mandatory implementation of the provisions of this order by March 15, 2001.

The Technology, Trade and Commerce Agency shall be responsible for publication, notification, and communication about this Executive Order to the public, retail establishments and local officials. The State and Consumer Services Agency and the Office of Emergency Services shall assist the Technology, Trade and Commerce Agency, as needed. The Technology, Trade and Commerce Agency, working with the State and Consumer Services Agency, shall submit a report recommending additional steps by commercial establishments to conserve energy.

Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1000, in accordance with section 8665 of the California Government Code.

I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this order.