BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 18XX| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 18XX Page 2 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) SB 18XX Page 3 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 SB 18XX Page 4 NC:cm 9/14/01 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END ****