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, there is a high probability that the electricity supply shortage will continue to cause rolling blackouts throughout California affecting millions of Californians; and

WHEREAS, all reasonable conservation, allocation, and service restriction measures will not alleviate this energy supply emergency; and

WHEREAS, the energy supply emergency poses a threat to public health, safety, and welfare, and requires providing bonuses for accelerated construction of new powerplants to increase the availability of electricity generation in the State;

NOW, THEREFORE, I, GRAY DAVIS, Governor of the State of California, by the virtue of the power and authority vested in me by the Constitution and statutes of the State of California, do hereby issue this order to become effective immediately:

PURSUANT TO SECTION 8645 of the California Government Code, it is ordered that the Department of Parks and Recreation shall make its remaining appropriated funds immediately available at the direction of the Governor to the California Energy Resources Conservation and Development Commission (hereinafter "Energy Commission") for the provision of performance awards relating to the construction of powerplants for new sources of generation brought on-line prior to July 1, 2001. It is further ordered that these expenditures by the Energy Commission shall constitute a proper charge against the appropriated funds of the Department of Parks and Recreation.

The activities herein are authorized to be carried out pursuant to the Emergency Services Act, Government Code Sections 8550 et seq.

I hereby find that the use of such funds is for a State purpose and that such use is in the public interest, serving the general welfare of the State.

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.