BILL ANALYSIS                                                                                                                                                                                                    




                    Appropriations Committee Fiscal Summary
          
                                           1 (Keeley)
          
          Hearing Date:  1/31/01          Amended: 1/30/01       
          Consultant:  Lisa Matocq            Policy Vote: E, U & C  
          6-2                      
          ____________________________________________________________ 
          ___
          BILL SUMMARY:   AB 1X, an urgency measure, (1) authorizes  
          the Department of Water Resources (DWR) to purchase power  
          and then sell it either directly or indirectly to  
          consumers, (2) appropriates a total of $500 million from  
          the General Fund (GF) to the Department of Water Resources,  
          as specified, for this purpose, and (3) authorizes DWR to  
          sell revenue bonds.
             
                              Fiscal Impact (in thousands)
           Major Provisions                2000-01           2001-02              
           2002-03               Fund  
          
          Appropriation             $495,755*            --                     
               --             General
          Deficiency authorization          Unknown, potentially multibillions  
                      General
          Revenue bond debt         Unknown, potentially $10 billion plus  
          interest   Special**
          Offsetting revenues                 Unknown, potentially  
          multibillions        Gen/Spec.**
          Administrative costs           $ 4,245***      Potentially $9,000  
          annually      General
          Audits                               ----------- Unknown ----------   
                          General        

          *The bill transfers $495,755 from the General Fund to the EPF. 
          **Electric Power Fund.
          ***Appropriated in the bill. 
          
          STAFF COMMENTS:  As amended on 1/30/01 this bill:

           authorizes DWR to contract for the purchase of power at  
            prices DWR deems appropriate, taking into account  
            specified factors, and to sell it at prices which   
            include the costs of acquisition, transmission,  
            scheduling, administration, bond payments, GF repayment  
            of appropriations made to the Electric Power Fund  










            pursuant to SB 7X (Burton), and amounting to $400 million  
            and monies expended by DWR pursuant to the Governor's  
            Emergency Proclamation (approx. $13 million), interest on  
            funds advanced, and other related costs;
           authorizes DWR to issue revenue bonds, with DOF approval,  
            at prices, terms, and maturity dates to be determined by  
            DWR, and specifies that bonds may not be issued in an  
            amount that exceeds four times the annual revenues  
            generated by the "California Procurement Adjustment"  
            (CPA); 
           defines the CPA as the difference between the generation  
            related component of the each electrical corporation's  
            retail rate and the sum of costs of the utility's own  
            generation, qualifying facility and bilateral contracts,  
            and ancillary services, and requires the Public Utilities  
            Commission (PUC) to determine the amount of the CPA  
            allocable to the power sold by DWR, and provides that  
            that amount be paid to DWR upon receipt; 
           requires the power purchased by DWR to be allocated on a  
            pro-rata basis; 
           prohibits DWR from entering into any contract after  
            January 1, 2003; however, it appears that options or  
            "forward contracts" could result in sales beginning after  
            that date;   
           transfers up to $495.7 million from the GF to the EPF and  
            requires repayment as soon as possible; 
           appropriates $4.2 million from the GF to DWR for admin.  
            costs for the 2000-01 fiscal year and provides that in  
            subsequent years such costs will be subject to the budget  
            process; 
           for purposes of this bill, authorizes DOF to approve  
            deficiencies, in an unlimited amount, with 10-day  
            notification to the Joint Legislative Budget and  
            Appropriations Committees; 
           authorizes DWR to contract with electrical corporations  
            for transmission, distribution, billing, and collection  
            services;
           authorizes PUC to set rates to cover revenue requirements  
            of DWR's power purchasing program.  It prohibits any  
            future rate increase for residential customers for usage  
            up to 130% of baseline quantities, as specified;  
           until January 1, 2003, authorizes DWR to hire staff at  
            salaries which exceed Department of Personnel  
            Administration standards but prevents such "excess"  
            salaries from being used in calculating final year  
            compensation for PERS retirement purposes; 










           establishes the EPF, a continuously appropriated fund,  
            and provides that payments from the fund may only be made  
            for specified purposes, including, but not limited to,  
            the cost of purchased power, repayment of GF advances as  
            specified, payment of bonds or other obligations, and  
            interest; 
           specifies that "neither the full faith and credit nor the  
            taxing power of the state are pedged for any payment  
            under any obligation authorized by this division"; 
           requires DWR to report quarterly and annually to the  
            Legislature and the Governor on its activities and  
            expenditures, and requires the Bureau of State Audits to  
            conduct a financial and performance audit of the program  
            by December 31, 2001, and issue a final report by March  
            31, 2003; and
           makes related changes. 
          
          STAFF NOTES that (1) based on the expenditure of $400  
          million appropriated by SB 7X, Burton) in approximately 10  
          days, there is considerable General Fund pressure to  
          continue power purchases at a potential cost of $1.2  
          billion per month until such time as revenue bonds are  
          issued.

          SB7X (Burton, Ch. 3, St. of 1999-2000, First Extraordinary  
          Session), appropriated $400 million from the General Fund  
          to DWR to purchase and sell electricity on a short-term  
          basis, and created the Electric Power Fund.