BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                  AB 2499|
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                                 THIRD READING


          Bill No:  AB 2499
          Author:   Jerome Horton (D)
          Amended:  8/23/04 in Senate
          Vote:     21

           
           SENATE ENERGY, U.&C. COMMITTEE  :  7-2, 6/22/04
          AYES:  Bowen, Morrow, Alarcon, Dunn, Murray, Sher,  
            Vasconcellos
          NOES:  Battin, McClintock

           SENATE APPROPRIATIONS COMMITTEE  :  7-4, 8/4/04
          AYES:  Alpert, Bowen, Escutia, Karnette, Machado, Murray,  
            Speier
          NOES:  Battin, Ashburn, Johnson, Poochigian
          NO VOTE RECORDED:  Aanestad, Burton

           ASSEMBLY FLOOR  :  62-5, 5/26/04 - See last page for vote


           SUBJECT  :    New publicly owned electric utilities

           SOURCE  :     Southern California Edison


           DIGEST  :    This bill requires every new local publicly  
          owned electric utility to meet resource adequacy  
          requirements equivalent to those established by the State  
          Public Utilities Commission for electrical corporations, as  
          specified.  The bill also provides that the South Coast Air  
          Quality Management District shall exempt vehicles used for  
          electric utility high voltage work from any fleet rules  
          requiring the use of alternative fuel.

                                                           CONTINUED





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           Senate Floor Amendments  of 8/23/04 add the language  
          providing the fleet rule exemption for utility trucks.

           ANALYSIS  :    Existing law requires electric corporations to  
          submit energy procurement plans to the State Public  
          Utilities Commission (PUC) for review and approval.   
          Electric corporations are required to maintain an  
          appropriate reserve level and to gradually increase their  
          renewable energy portfolios to meet a statewide goal of 20  
          percent by 2018.  

          This bill requires every new local publicly owned electric  
          utility (municipal utilities), established after January 1,  
          2001, to prepare long-term resource plans that meet the  
          same resource adequacy criteria required of electric  
          corporations.

          This bill requires the local public utility, before  
          commencing operation or providing electricity on or after  
          January 1, 2006, to adopt findings in a public hearing that  
          the resource plan meets the adequacy requirements.

          This bill requires the South Coast Air Quality Management  
          District (SCAQMD) to exempt vehicles used for electric  
          utility high-voltage construction and maintenance  
          operations from its existing fleet rules 
          requiring the use of alternative fuels, sunsetting January  
          1, 2010.

           Comments

           A number of municipal utilities were formed after the  
          energy crisis of 2001, as local governments sought to  
          increase electricity reliability in their communities.   
          According to the author's office, recently established  
          municipal utilities do not have experience in electricity  
          procurement and have little or no generation capacity.  As  
          a result, new municipal utilities may not be able to meet  
          their resource needs and could jeopardize the reliability  
          of the distribution grid.

           Fleet Rules

           SCAQMD's Rule 1196 currently applies to utility trucks  







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          owned by the Los Angeles Department of Water and Power.

          Proponents argue that health and safety concerns warrant an  
          exemption for utility trucks (similar to the exemption  
          currently afforded to police and fire vehicles) because  
          truck fueled by alternative fuels (e.g., natural gas) don't  
          have sufficient power to operate hydraulic lifts used for  
          power line maintenance.

          SCAQMD contends that it has waived alternative fuel  
          requirements for applications where alternative fuel  
          engines/vehicles do not meet performance specifications.   
          SCAQMD says an administrative remedy to the problems exist  
          and has been used where appropriate.  SCAQMD says a blanket  
          exemption could have a significant impact Rule 1196's  
          ability to achieve emission reductions.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          There are unknown mandated, potentially reimbursable, costs  
          for the hearing provisions of the bill.  Over the past two  
          years, approximately 20 cities have considered establishing  
          a new publicly owned electric utility; only two are  
          actually providing service.  Assuming, for example, that  
          the costs of conducting a hearing and adopting specified  
          findings are $5,000 per hearing, increased costs could be  
          $50,000 per year.  It is unknown to what extent such costs  
          could be recovered through the rates of new public  
          utilities.

          Increased costs to new publicly owned electric utilities to  
          meet the resource requirements are unknown.  Presumably,  
          such cots would be recovered through the rates.

          There are no increased costs to the PUC.

           SUPPORT  :   (Verified  8/9/04)

          Southern California Edison (source)
          Congress of California Seniors
          Pacific Gas and Electric Company
          Sermpra








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           OPPOSITION  :    (Verified  8/9/04)

          California Municipal Utilities Association
          South San Joaquin Irrigation District


           ASSEMBLY FLOOR  : 
          AYES:  Aghazarian, Bates, Berg, Bogh, Calderon, Campbell,  
            Canciamilla, Chu, Cogdill, Cohn, Corbett, Correa,  
            Daucher, Diaz, Dutra, Dymally, Firebaugh, Garcia,  
            Goldberg, Hancock, Harman, Jerome Horton, Jackson, Keene,  
            Kehoe, Koretz, La Suer, Laird, Leno, Levine, Longville,  
            Lowenthal, Maddox, Maldonado, Matthews, Maze, McCarthy,  
            Montanez, Mountjoy, Mullin, Nakanishi, Nakano, Nation,  
            Negrete McLeod, Oropeza, Parra, Pavley, Plescia, Reyes,  
            Richman, Ridley-Thomas, Salinas, Samuelian, Spitzer,  
            Strickland, Vargas, Wesson, Wiggins, Wolk, Wyland, Yee,  
            Nunez
          NOES:  Dutton, Frommer, Haynes, Houston, Steinberg
          NO VOTE RECORDED:  Benoit, Bermudez, Chan, Chavez, Cox,  
            Shirley Horton, La Malfa, Leslie, Lieber, Liu, Pacheco,  
            Runner, Simitian


          NC:cm  8/22/04   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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