BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 18 X2
                                                                  Page  1

          Date of Hearing:   September 6, 2001

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                              Carole Migden, Chairwoman

                   SB 18 X2 (Burton) - As Amended:  July 20, 2001 

          Policy Committee:                              E.C.&A.Vote:18-0

          Urgency:     Yes                  State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill,  as proposed to be amended  , requires that the bond  
          repayment mechanism specified for Department of Water Resources  
          (DWR) procurement financing be fixed by an irrevocable Public  
          Utilities Commission (PUC) bond financing order.  Specifically,  
          this bill:

          1)Requires that the financing order be sufficient to pay costs  
            of issuing, servicing and retiring DWR bonds. 

          2)Requires the bond set-asides to be designated as a  
            non-bypassable, separate rate component on an electrical  
            corporation's retail end-user's bill. Requires that a DWR  
            set-aside rate component consist of and be derived from a  
            portion of rate levels already established and in effect on  
            September 30, 2001. 

          3)Establishes the DWR Bond Repayment Fund, continuously  
            appropriated to DWR and available for the purpose of payment  
            of bond financing costs. 

          4)Entitles the PUC to review the revenue requirements of DWR and  
            requires the PUC to conduct at least one public hearing and  
            provide for public comment prior to adoption of revenue  
            requirements.

           FISCAL EFFECT  

          1)Absorbable costs to the PUC.

          2)To the extent that establishing the dedicated rate set-aside  
            for bond repayment provides greater security for the bonds,  








                                                                  SB 18 X2
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            total debt payments will be reduced due to a higher bond  
            rating, lower interest rate and lower reserve requirements on  
            the bonds.  These reduced debt payments translate to savings  
            for ratepayers.

           COMMENTS  

           1)Background .  Since January 2001, the DWR has assumed power  
            procurement responsibilities from the electrical corporations.  
             To finance these purchases, DWR is authorized to issue up to  
            $13.4 billion in revenue bonds, subject to specified terms and  
            conditions.  Existing law also permits DWR to have the PUC  
            issue finance orders to recover revenue requirements, and  
            delegates to DWR the authority to determine if the revenue  
            requirements are just and reasonable. Existing law further  
            requires DWR, before the issuance of bonds, to establish a  
            mechanism to ensure that the bonds will be sold at investment  
            grade ratings and repaid on a timely basis from pledged  
            revenues.  In order to complete the financing of the DWR  
            costs, lenders are requiring a rate agreement with the PUC.  

           2)Purpose  .  The bonds and all other DWR power costs are payable  
            from revenues derived from sales of DWR power.  According to  
            the author's office, the costs and rates associated with DWR  
            power, as proposed in DWR's pending rate agreement with the  
            PUC, are subject to ongoing disputes that are jeopardizing the  
            sale, and potentially increasing the cost, of the bonds.  This  
            bill is intended to provide an alternative to the rate  
            agreement and to lower the cost of borrowing for ratepayers.   
            Instead of a rate agreement, this bill creates a dedicated  
            payment stream for the bonds.  This set-aside should provide  
            better security to bondholders which should reduce the cost of  
            the bonds and, therefore, the cost to ratepayers.  

          3)Contract Payments vs. Bond Repayment  .  This bill's  
            establishment of the Bond Repayment Set-Aside Fund provides  
            that bond repayments are not made into the Electric Power Fund  
            established in AB 1 X1 (the January legislation authorizing  
            DWR to purchase power), and in that way do not violate the  
            previous legislation.  Proceeds from the bond sale go into the  
            Electric Power Fund, providing cash to pay contract costs.   
            The non-bypassable charge on retail end user bills goes into  
            the new set-aside fund to repay the bonds.  It is arguable  
            that security for the contracts is lost in this process.  The  
            contracts are controversial, as it has been revealed that very  








                                                                  SB 18 X2
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            high unit costs per kilowatthour (kWh) were paid, and some  
            parties have urged that DWR renegotiate those contracts.   
            Whether or not that renegotiation takes place, the contract  
            costs are recovered through the Electric Power Fund.

            This bill appears to neither help nor hurt the effort to  
            renegotiate the contracts, reduce the going forward  
            procurement costs of the department, and reduce passed-on  
            costs to users.  What this bill does is establish different  
            revenue streams for contract payments and bond repayment. End  
            user rate revenues through the non-bypassable DWR set-aside go  
            into the separate fund to repay the bonds, and contract costs  
            are repayed from the Electric Power Fund pursuant to existing  
            law. 

           4)Amendments  .  The author's amendments are generally technical  
            or clarifying amendments to address issues raised by the State  
            Treasurer.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916)319-2081