BILL ANALYSIS                                                                                                                                                                                                    




                    Appropriations Committee Fiscal Summary
          
                                           18 (Burton)
          
          Hearing Date:  7/19/01          Amended: 7/16/01       
          Consultant:  Lisa Matocq            Policy Vote: E, U & C -  
          Not
                                                                       
                   available              
          ____________________________________________________________ 
          ___
          BILL SUMMARY:  SB 18xx, an urgency bill, makes changes to  
          statutes governing the Department of Water Resources (DWR)  
          power purchasing program.    

                              Fiscal Impact (in thousands)
           Major Provisions                 2001-02           2002-03              
           2003-04               Fund  
          
          PUC                        Unknown costs, potentially $310-620        
              Special*
                                                     annually, probably offset  
          by increased fee
                                                     revenues
          DWR-power purchasing                   See comments below             
                Special**/***
          program                                                               
                                      

          *Public Utilities' Reimbursement Account (PURA)
          **Electric Power Fund
          ***DWR Bond Repayment Fund

          
          STAFF COMMENTS:  Revised analysis.  This bill may meet the  
          criteria for referral to the Suspense File if demand  
          reduction programs continue and departments are unable to  
          recover costs from ratepayers.  However, the DRC could  
          result in significant, offsetting interest cost savings. AB  
          1x (Keeley, Ch. 4, St. of 2001), among other things, (1)  
          authorized DWR to enter into contracts to purchase power  
          and then sell it to electricity consumers, (2) specified  
          that the Electric Power Fund shall be used for related  
          revenues and expenditures, (3) authorizes DWR to sell  
          revenue bonds for the purposes of the program, and (4)  
          requires DWR to submit it "revenue requirement" to the PUC  










          in order to recover its costs.

          This bill requires DWR, prior to issuing up to $13.4  
          billion in revenue bonds for power purchases, to apply to  
          the PUC for a bond financing order establishing a DWR Bond  
          Set-Aside for the exclusive purpose of paying the costs of  
          issuing, servicing, and retiring the revenue bonds, and  
          requires the PUC to comply with the request within 30 days  
          of receipt of the application.  The revenues for the  
          Set-Aside are to be derived from a dedicated rate component  
          (DRC), a portion of the rates in effect as of August 31,  
          2001, and deposited into the DWR Bond Repayment Fund, a  
          continuously appropriated fund.  The bill also:

           specifies that the DRC is to come out of existing rates  
            in effect on August 31, 2001.  However, the PUC's ability  
            to otherwise change rates is unaffected, 
           requires the PUC to determine at least once per year  
            whether adjustments are necessary to the DWR Bond  
            Set-Aside, 
           changes the definition of "administrative costs",  
            clarifies that administrative costs are subject to  
            appropriation, and prohibits DWR from incurring  
            administrative costs in excess of amount appropriated,
           further defines "revenue requirement" by, among other  
            things,  authorizing  recovery of expenditures for natural  
            gas purchases if required by a contract for the purchase  
            of power, and for using transmission or distribution  
            facilities prior to delivery or utilization of purchased  
            power, and  prohibiting  recovery, from the Electric Power  
            Fund, of expenditures for demand reduction programs  
            implemented by the PUC, DWR, or any other entity, 
           clarifies that the PUC is entitled to any information  
            necessary to review DWR's revenue requirement, and  
            requires the PUC to hold at least one  public hearing on  
            the revenue requirements prior to their adoption,
           and contains related findings. 

          At the request of DWR, the Department of Finance, and the  
          State Treasurer, the PUC is considering (a decision is  
          expected August 23, 2001) entering into a binding "rate  
          agreement" with DWR to irrevocably implement provisions of  
          AB1x and subsequent legislation.  The proposed rate  
          agreement, submitted by DWR contains provisions that differ  
          from this bill, including but not limited to, the inclusion  
          of demand reduction programs as an authorized and  










          recoverable expenditure, and potentially expanded  
          administrative expenditures.  Although demand reduction  
          programs are not explicitly authorized in AB 1x, several of  
          the Governor's Executive Orders have directed agencies to  
          implement such programs using Electric Power Fund revenues.  
           Through July 9, 2001, payments otherwise due to DWR from  
          investor-owned utilities (IOUs) for energy purchases have  
          been reduced by $1.5 million in order to provide credits to  
          ratepayers under the Governor's 20/20 program.  If the  
          demand reduction programs continue and departments are  
          unable to recover their costs from ratepayers, there are  
          unknown, potentially significant, cost pressures.  The  
          demand reduction programs reduce the amount of power that  
          DWR must purchase.  

          Increased costs to the PUC are unknown, but potentially  
          $310,000-620,000 annually for staff, depending on the  
          number of revenue requirements submitted each year.  PURA  
          revenues are derived from an annual fee charged to public  
          utilities and used to cover the PUC's budget.  Therefore,  
          increased costs to the PUC should be offset by increased  
          fee revenues. 

          There are potential unknown cost savings for the  
          restrictions on DWR's administrative costs (including bond  
          issuance costs), which through May 31, 2001 were about $17  
          million.

          By establishing a dedicated rate stream with which to  
          service and retire the bonds, some have suggested that the  
          interest rate at bond issuance could be reduced.  To the  
          extent that that occurs, there are unknown interest cost  
          savings, potentially $1 billion.