BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1755
                                                                  Page  1

          Date of Hearing:  June 24, 2002

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                              Roderick D. Wright, Chair
                     SB 1755 (Soto) - As Amended:  June 24, 2002

           SENATE VOTE  :  39-0
           
          SUBJECT  :  County water districts and municipal water districts:  
          electric power.

           SUMMARY  :  Allows municipal and county water districts to own and  
          operate electric power plants, whether hydroelectric or  
          otherwise.  Power generated from these plants may be used for  
          the district's own purposes, and the surplus power sold to a  
          public or private entity that sells electricity.  Specifically,  
           this bill  :   

          1)Authorizes municipal and county water districts to provide,  
            generate, and deliver electric power, and to construct,  
            operate, and maintain works, facilities, improvements, and  
            property for that generation and delivery.

          2)Specifies that electricity produced by a district must first  
            be used by the water district for its own purposes, including  
            pumping operations, water treatment operations, barrier  
            intrusion operations and desalination operations.

          3)Authorizes municipal and county water districts to sell any  
            surplus energy generated that is not used for the district's  
            own purposes.

          4)Prohibits those districts from acquiring property employed in  
            the generation or delivery of electric power unless mutually  
            agreed between the district and property owner.

          5)Outlines a formula for reimbursement to the Department of  
            Water Resources and the electrical corporation that previously  
            serviced the district.

           EXISTING LAW  :

          1)Authorizes municipal water districts to operate hydroelectric  
            plants and use the power for their own purposes or sell the  
            power to federal agencies, the state water project, local  








                                                                  SB 1755
                                                                  Page  2

            governments, and private corporations which sell power at  
            retail. 

          2)Authorizes county water districts to operate hydroelectric  
            plants and use the power for their own purposes or sell the  
            power to public utilities or public agencies. 

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

          Municipal water districts can acquire, build, and run plants  
          that generate hydroelectric power.  Municipal water districts  
          can sell their hydroelectric power to federal agencies, to the  
          State Water Project, to local governments, and to private  
          corporations which sell electricity at retail, or they can use  
          the power for their own purposes. 

          Currently, five municipal water districts generate hydroelectric  
          power.  This bill expands municipal water district authority by  
          allowing them to own and operate electric generation projects of  
          any type.

          County water districts can build transmission lines and run  
          plants that generate hydroelectric power.  County water  
          districts can use the power for their own purposes, but the  
          power cannot be sold to customers except for public utilities or  
          public agencies.  County water districts cannot use their  
          eminent domain power to acquire the existing hydroelectric power  
          plants of public utilities unless the owner agrees.  None of the  
          county water districts generate hydroelectric power.  This bill  
          expands county water districts' authority by allowing them to  
          own and operate electric generation projects of any type. 

          This bill expressly prohibits a water district from selling  
          electricity to retail end users -- all surplus electricity sold  
          would be at wholesale. 

          This bill was amended in the Senate Energy Committee to  
          conclusively establish that exit fees are owing for  
          self-generation customers.  The Committee may wish to consider  
          modifying this language to provide for exit fee payment if PUC  
          establishes these costs for self generation customers in the  
          exit fee rulemaking now underway. 









                                                                  SB 1755
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           REGISTERED SUPPORT / OPPOSITION  :

           Sponsors 
           
          Central Basin Municipal Water District 
          Cucamonga County Water District 
          Inland Empire Utilities District 
          West Basin Municipal Water District
           
            Support

           Association of California Water Agencies 
          Chino Basin Watermaster 
          Municipal Water District of Orange County 
          Southern California Water Company
           
          Opposition 
           
          None on file


           Analysis Prepared by  :    Paul Donahue / U. & C. / (916) 319-2083