BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 736| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 736 Author: Jerome Horton (D) Amended: 8/16/05 in Senate Vote: 21 SENATE ENERGY, UTIL. & COMMUNIC. COMM. : 10-0, 6/30/05 AYES: Escutia, Morrow, Alarcon, Battin, Bowen, Cox, Dunn, Kehoe, Murray, Simitian NO VOTE RECORDED: Campbell SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 76-0, 5/26/05 - See last page for vote SUBJECT : Public utilities: regulation SOURCE : Volcano Communications Group DIGEST : This bill modifies the Public Utilities Commissions approval process for public utilities to sell, lease or otherwise transfer a property. ANALYSIS : Current law requires an order by the Public Utilities Commission (PUC) before a public utility sells or disposes of any useful public utility property. This bill authorizes the PUC to authorize the sale or disposal of public utility property through an advice letter process for transactions valued at $5 million or less. That process must be completed within 120 days CONTINUED AB 736 Page 2 unless the advice letter is contested or the documentation supporting the sale or disposal is incomplete. The PUC is authorized to limit the types of transactions that can use the advice letter process. This bill authorizes the PUC to designate a procedure different than the advice letter procedure if it determines that a transaction warrants a more comprehensive review. This bill requires the PUC to reject an advice letter that seeks to circumvent the $5 million threshold by dividing what is a single asset worth more than $5 million into component parts. This bill states legislative intent that transactions with monetary values that impact a utility's rate base, or transactions that trigger the PUC's review responsibilities under the California Environmental Quality Act should not qualify for the expedited advice letter review. Background Reviewing and approving public utility asset sales ensures that utilities retain the assets that are necessary for delivery of high quality service. To the extent that assets are sold, this process ensures that the utility and its ratepayers are fairly compensated. These types of reviews are among the most common formal proceedings before the PUC. This review process has been criticized for being costly and cumbersome. Some have asserted that the high cost of compliance has led some utilities to simply not comply. Independent of this bill, the PUC is establishing a pilot program to create a more streamlined review process. Their proposal is to process certain transactions via an advice letter process, which is a less formalized review that does not require attorneys or hearings. Only transactions worth less than $500,000 and that are not subject to review by the PUC under the California Environmental Quality Act (CEQA) would be eligible for this process. Theoretically advice letters are reviewed by interested parties, including the Office of the Ratepayer Advocate, though in practice this does not always happen. AB 736 Page 3 This bill expands that proposed pilot program by specifically requiring an advice letter process for transactions under $5 million. It also requires a decision to be made within 120 days if there is no objection to the advice letter. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/23/05) Volcano Communications Group (source) California Telephone Association California Water Association Global Valley Networks Kerman Telephone Company Sierra Telephone SureWest Communications Wild Goose Storage, Inc. ASSEMBLY FLOOR : AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg, Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan, Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre, DeVore, Dymally, Emmerson, Evans, Frommer, Garcia, Goldberg, Hancock, Haynes, Jerome Horton, Shirley Horton, Houston, Huff, Jones, Karnette, Keene, Klehs, Koretz, La Malfa, La Suer, Laird, Leno, Leslie, Lieber, Liu, Matthews, Maze, McCarthy, Montanez, Mountjoy, Mullin, Nation, Nava, Negrete McLeod, Niello, Oropeza, Parra, Pavley, Plescia, Richman, Ridley-Thomas, Sharon Runner, Ruskin, Saldana, Salinas, Spitzer, Strickland, Torrico, Tran, Umberg, Vargas, Villines, Walters, Wolk, Wyland, Yee, Nunez NO VOTE RECORDED: Gordon, Harman, Levine, Nakanishi NC:mel 8/24/05 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** AB 736 Page 4