BILL NUMBER: AB 2918	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Laird

                        FEBRUARY 20, 2004

   An act to add Section 366.3 to the Public Utilities Code, and to
amend Section 12948.1 of the Water Code, relating to desalination
facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2918, as introduced, Laird.  Desalination facilities:  direct
transactions.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations,
and authorizes the commission to establish rules for all public
utilities, subject to control by the Legislature.  The existing
Public Utilities Act requires the commission, pursuant to electrical
restructuring, to authorize and facilitate direct transactions
between electricity suppliers and retail end-use customers.  However,
other existing law suspends the right of retail end-use customers
other than community aggregators, as defined, to acquire service from
certain electricity suppliers after a period of time to be
determined by the commission, until the Department of Water Resources
no longer supplies electricity under that law.
   This bill would, notwithstanding any other law, require the
commission to authorize a desalination facility that commences
operation after January 1, 2005, to acquire electricity through a
direct transaction.
   The existing Cobey-Porter Saline Water Conversion Law authorizes
the Department of Water Resources, either independently or in
cooperation with public or private entities, to conduct a program of
investigation, study, and evaluation in the field of saline water
conversion, to provide assistance to persons or entities seeking to
construct desalination facilities, and after submission of a written
report and upon appropriation from the Legislature, to finance,
construct, and operate saline water conversion facilities.
   This bill would authorize the department to cooperate, to the
extent existing resources allow, with the commission in determining
whether to authorize a desalination facility to enter into direct
transactions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 366.3 is added to the Public Utilities Code, to
read:
   366.3.  Notwithstanding any other provision of law, the commission
shall authorize a desalination facility that commences operation
after January 1, 2005, to acquire electricity through direct
transactions.
  SEC. 2.  Section 12948.1 of the Water Code is amended to read:
   12948.1.  The department shall provide assistance to persons or
entities with state and local desalination facility permit
applications seeking to construct desalination facilities for
reducing the concentration of dissolved solids in brackish
groundwater or seawater in the state  and shall cooperate, to the
extent existing resources allow, with the Public Utilities
Commission in determining whether to authorize a desalination
facility to enter into direct transactions  .