BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                               DEBRA BOWEN, CHAIRWOMAN
          

          AB 2918 -  Laird                                  Hearing Date:   
          June 22, 2004              A
          As Amended:         June 17, 2004            FISCAL       B

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                                      DESCRIPTION
           
           This bill  requires the California Public Utilities Commission  
          (CPUC) to determine the feasibility of a separate electric rate  
          class for new desalination plants operated by public water  
          agencies or regulated water utilities.

                                      BACKGROUND
           
          Electric utility customer rate classes have generally been  
          established according to customer size (residential, small  
          commercial, industrial, etc.).  The agricultural rate class,  
          based on the type of activity, is an exception that most  
          electric utilities have.  The most specific rate class is  
          "street lighting."

          Electric utilities have also established special rate discounts  
          for customers meeting economic conditions, such as low-income  
          residential customers or distressed commercial/industrial  
          customers.  Some electric utilities have special rates for water  
          pumping customers.  No electric utility has a special rate for  
          desalination plants.

          Desalination is a water supply alternative in many areas of the  
          state with an inadequate local fresh water supply, but with  
          access to sea water, such as the Monterey Peninsula.  The  
          desalination process is energy intensive, so electricity rates  
          are a large component - 75%, according to the author - of the  
          cost of producing the water.  The author argues that new  
          desalination plants weren't part of the forecast and procurement  
          by electric utilities and the Department of Water Resources  











          (DWR), so they shouldn't pay the same high electricity rates,  
          which include the residual costs of the electricity crisis, as  
          other similar customers.

                                       COMMENTS  

           1.A special rate would be nice for desalination, but is it a  
            long-term necessity?   Desalination technology is evolving.   
            Recent advances have lowered the cost to the point where  
            desalination is finally being taken seriously as an economic  
            alternative and more advances can be expected in the coming  
            years.  During the same period, as the residual costs of the  
            electricity crisis are paid off, electric rates may come down  
            for everyone.  Because both the economics of future  
            desalination plants and future electricity rates are unknown,  
            it seems difficult to judge the need to establish special  
            rates.





































           2.Alternative - high rates can be avoided by using  
            self-generation.   Large, gas-fired self-generation projects  
            are exempt from DWR contract charges and Pacific Gas and  
            Electric Company's bankruptcy recovery charge, the two highest  
            and longest-lived residual costs of the electricity crisis.   
            Smaller and/or renewable self-generation projects are eligible  
            for additional rate exemptions and subsidies.  Self-generation  
            can be well-suited for energy-intensive industrial  
            applications like desalination.  In addition, a desalination  
            plant co-located with an existing generation facility, as some  
            are proposed to be, can purchase electricity directly from the  
            generator under existing "over-the-fence" statutes.   The  
            author and committee may wish to consider  whether this  
            approach is more appropriate for a desalination project  
            looking to lower its operating costs, rather than encouraging  
            the CPUC to adopt a special rate that may force other  
            electricity users to subsidize the cost of that lower rate.
           
          3.Inconsistent processes.   This bill requires the CPUC to  
            initiate a proceeding by July 1, 2005, but permits the CPUC to  
            make its determination in the utility's next general rate  
            case, a different proceeding which will occur at a later date.  
              The author and the committee may wish to consider  which  
            process the CPUC should follow - special proceeding right  
            away, or next general rate case.

                                      PRIOR VOTES
           
          Assembly Floor                     (46-31)                     
          Assembly Appropriations Committee  (18-2)
          Assembly Water, Park and Wildlife Committee                     
          (14-0)
          Assembly Utilities and Commerce Committee                       
          (8-4)

                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          Association of California Water Agencies










          East Bay Municipal Utility District
          San Diego County Water Authority

           Oppose:
           
          Public Citizen
          Sierra Club California


          
          Lawrence Lingbloom 
          AB 2918 Analysis
          Hearing Date:  June 22, 2004