BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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                              UNFINISHED BUSINESS


          Bill No:  SB 18XX
          Author:   Burton (D)
          Amended:  9/6/01
          Vote:     27 - Urgency

           
           SENATE ENERGY, U.&C. COMMITTEE  :  10-0, 7/19/01
          AYES:  Bowen, Alarcon, Battin, Dunn, Murray, Poochigian,  
            Sher, Speier, Vasconcellos, Vincent

           SENATE APPROPRIATIONS COMMITTEE  :  11-0, 7/19/01
          (Roll call not available at time of writing)

           SENATE FLOOR  :  35-2, 7/20/01
          AYES:  Ackerman, Alarcon, Alpert, Battin, Bowen, Burton,  
            Chesbro, Costa, Dunn, Escutia, Figueroa, Haynes,  
            Johannessen, Johnson, Karnette, Kuehl, Machado, Margett,  
            McPherson, Monteith, Morrow, Murray, O'Connell, Ortiz,  
            Perata, Polanco, Poochigian, Romero, Scott, Sher, Soto,  
            Speier, Torlakson, Vasconcellos, Vincent
          NOES:  McClintock, Oller

           ASSEMBLY FLOOR  :  Not available


           SUBJECT  :    Department of Water Resources:  electricity:   
          bond financing 
                      order

           SOURCE  :     Author


           DIGEST  :    This bill requires the revenue bond repayment  
          mechanism for electrical power to include a State  
                                                           CONTINUED





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          Department of Water Resources Bond Set-Aside, as specified.

           Assembly Amendments  (1) clarify what is included in the  
          costs related to issuing, serving, and retiring the bonds,  
          (2) require the California Public Utilities Commission to  
          provide an analysis of revenue requirements, (3) add  
          legislative findings, and (4) make technical corrections.

           ANALYSIS  :    Existing law, AB 1X, authorizes the State  
          Department of Water Resources (DWR) to contract with an  
          electrical corporation to transmit or provide for the  
          transmission of, and distribute the power and provide  
          billing, collection, and other related services, as the  
          agent of DWR, on terms and conditions that reasonably  
          compensate the electrical corporation for its services, and  
          requires the California Public Utilities Commission (PUC),  
          at the request of DWR, to order such actions.  Existing law  
          authorizes DWR to issue revenue bonds for certain purposes  
          not to exceed a certain amount, containing specified terms  
          and conditions, upon authorization by written determination  
          of DWR and with the approval of the Director of the State  
          Department of Finance and the State Treasurer.  Existing  
          law 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 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.  Certain of  
          these provisions enacted by Senate Bill 31 of the 2001-02  
          First Extraordinary Session become effective on August 13,  
          2001.

          There were three reasons for allowing this.  First, this  
          provision was created when the state had to assume the  
          utilities' power procurement role.  At the time the state  
          had to issue bonds to finance costly wholesale purchases.   
          Without an agreement to pass the costs without thorough PUC  
          review, lenders would not finance those purchases.  Second,  
          a utility is a for-profit entity which, without PUC review,  
          would be an unregulated monopoly with no incentive to keep  
          costs down.  In contrast, DWR is a non-profit entity which  
          would have no reason to increase costs.  Third, as a  
          non-profit entity, DWR has an elected boss (the Governor)  







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          who could be held accountable for DWR's performance, just  
          as any municipal utility.

          In order to complete the financing of the DWR costs,  
          lenders are requiring a rate agreement with the PUC.  The  
          rate agreement contains provisions requiring the PUC to  
          pass through the costs of DWR's power purchase contracts  
          without review and in an expedited manner.  The agreement  
          also contains provisions for passing through costs of  
          specified demand management programs (i.e., the 20/20  
          program), as well as expenses for legal, consulting, and  
          technical review.

          This bill requires that the bond repayment mechanism  
          specified for DWR procurement financing be fixed by an  
          irrevocable 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.Provides for adjustment to the repayment mechanism, as  
            required.

          3.Requires the bond set-asides to be designated as a  
            separate rate component on an electrical corporation's  
            retail end-user's bill.

          4.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.

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

          6.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  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  Yes








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          NC:cm  9/14/01   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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