BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2918
                                                                  Page  1

          ASSEMBLY THIRD READING
          AB 2918 (Laird)
          As Amended May 17, 2004
          Majority vote 

           WATER, PARKS & WILDLIFE   14-0  APPROPRIATIONS      18-2        
           
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          |Ayes:|Canciamilla, Bermudez,    |Ayes:|Chu, Berg, Calderon,      |
          |     |Berg, Daucher, Frommer,   |     |Corbett, Correa, Daucher, |
          |     |Goldberg, Shirley Horton, |     |Firebaugh, Goldberg,      |
          |     |Kehoe, Lowenthal,         |     |Keene, Leno, Nation,      |
          |     |Matthews, Parra, Pavley,  |     |Negrete McLeod, Oropeza,  |
          |     |Plescia, Wolk             |     |Pavley, Ridley-Thomas,    |
          |     |                          |     |Wesson, Wiggins, Yee      |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Runner, Bates             |
          |     |                          |     |                          |
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           SUMMARY  :  Seeks to lower the cost of desalination by finding  
          ways to lower the cost of electricity to the desalination  
          plants.  Specifically,  this bill  :  

          1)Requires the California Public Utilities Commission (CPUC) to  
            determine the feasibility of establishing a separate rate  
            class for desalination plants operated by public agencies or  
            by regulated utilities, which are placed in service after  
            January 1, 2006.

          2)Requires CPUC to determine the costs and benefits associated  
            with exempting a desalination facility operated by a public  
            agency or a regulated utility from costs of electricity  
            procured through the Department of Water Resources (DWR) as a  
            result of the recent energy crisis, or through any historical  
            procurement costs associated with deregulation.

          3)Requires that CPUC take the above actions before July 1, 2005,  
            by initiating either a rulemaking or a quasi-legislative  
            proceeding, or through the next general rate case.

          4)States that CPUC should not shift costs as a result of its  
            decision based on the above actions.

           EXISTING LAW  establishes CPUC and gives it the authority to set  








                                                                  AB 2918
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          rates for the sale or purchase of electricity by regulated  
          utilities.

           FISCAL EFFECT  :  This bill could result in desalination plants  
          brought on-line after 2005 being exempt from having to pay a  
          share of the cost of electricity purchased by DWR over the past  
          few years.

           COMMENTS  : Ocean desalination is becoming an exciting new  
          possibility for increasing the state's water supply.  California  
          has a very long coastline adjacent to a virtually limitless  
          source of water.  Until very recently, desalination was too  
          energy-intensive and therefore expensive to be economically  
          feasible.  New processes have been developed, however, that make  
          it more cost-effective to use desalinated water in a blend with  
          other less expensive water sources.

          There are two technologies being developed.  One is reverse  
          osmosis, in which seawater is forced though a membrane,  
          filtering out the salts and other impurities.  The other is  
          distillation, in which seawater is turned to steam, then  
          condensed into pure, fresh water.  The least expensive process,  
          and therefore the most widely studied, is reverse osmosis.

          Desalination does have a few drawbacks.  It is still expensive,  
          relative to other sources of water.  It is highly  
          energy-intensive.  There is also the problem of disposing of the  
          brine produced in the desalination process.

          However, innovative siting arrangements, such as building  
          desalination plants together with power plants, will create  
          economies for both types of facilities.  Water from the  
          desalination plant can be used for cooling the power plant, for  
          example, while electrical transmission costs are eliminated.

          Beginning in 2000-2001, the state experienced an energy crisis  
          that resulted in DWR taking over the purchase of power for the  
          major utilities.  To pay for electricity purchased by DWR at  
          prices that were too high to be recovered from rates that were  
          not increased sufficiently to cover the cost, the state issued  
          revenue bonds.  To repay the bonds, CPUC imposed a surcharge on  
          electrical rates.

          The author argues that, because there were no major desalination  
          plants in operation during the electricity crisis, and because  








                                                                  AB 2918
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          desalination was not expected to be a major consumer of  
          electricity at the time DWR entered into the electricity market,  
          desalination plants should not be charged in their electricity  
          rates for electricity procured during the electricity crisis.   
          Lower costs of electricity will provide an incentive for public  
          agencies and investor-owned utilities to develop desalination  
          plants to provide clean water at a price that is affordable to  
          consumers.

          This bill requires CPUC to look into this issue, but does not  
          dictate the outcome.  This is proper, as CPUC is the agency  
          charged with regulating utilities under the state Constitution. 

           
          Analysis Prepared by  :  Jeffrey Volberg / W., P. & W. / (916)  
          319-2096 




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