BILL ANALYSIS AB 736 Page 1 Date of Hearing: May 18, 2005 ASSEMBLY COMMITTEE ON APPROPRIATIONS Judy Chu, Chair AB 736 (Jerome Horton) - As Amended: May 2, 2005 Policy Committee: UtilitiesVote:11-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill modifies the Public Utilities Commission's (PUC's) approval process for public utilities to sell, lease or otherwise transfer a property. Specifically, this bill: 1)Requires any public utility to obtain Public Utilities Commission (PUC) approval prior to selling, leasing, or disposing of a property through an advice letter, rather than through a formal proceeding as currently required. 2)Requires the PUC to approve or deny the advice letter within 120 days of its filing absent a protest or incomplete documentation by the applicant public utility. 3)Exempts a public utility from having to obtain authorization from the PUC before merging or otherwise consolidating with a subsidiary, an affiliate, or a corporation if certain conditions are met. FISCAL EFFECT Net special fund costs of up to $100,000 annually for the equivalent of one position to review advice letters. [Public Utilities Reimbursement Account] The PUC indicates that bill will transfer workload from one division that currently handles proceedings to several divisions, each of which handles advice letters. COMMENTS 1)Purpose . According to the author the purpose of this bill is AB 736 Page 2 to help streamline an unduly long process at the PUC for non-controversial asset sales, transfers, leases or other encumbrances of utility property. By reducing workload at the PUC, the author argues that this bill should reduce administrative costs of both the PUC and public utilities and could save ratepayer dollars through reduced utility operating costs. 2)Background . Current law requires public utilities to undergo a full proceeding at the PUC before selling, leasing, assigning, mortgaging, other otherwise disposing of any property necessary for performing its duties to the public. These proceedings result in significant costs for the applicant and other parties and can take up to 18 months to complete. This bill modifies the approval process to require public utilities to file an advice letter and obtain an authorizing resolution from the PUC rather than undergoing a full proceeding. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081