BILL ANALYSIS                                                                                                                                                                                                    



                                                                           
           AB 736
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 736 (Horton)
          As Amended August 16, 2005
          Majority Vote
           
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          |ASSEMBLY:  |76-0 |(May 26, 2005)  |SENATE: |40-0 |(August 30,    |
          |           |     |                |        |     |2005)          |
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           Original Committee Reference:    U. & C.  

           SUMMARY  :  Modifies the California Public Utilities Commission's  
          (PUC's) approval process for the sale or transfer of public  
          utility assets by allowing public utilities to sell, or  
          otherwise transfer property valued at less than $5 million if  
          the transfer is approved by PUC through a 120-day advice letter  
          process rather than through a formal proceeding.

           The Senate amendments  :

          1)Delete a provision that exempted a public utility from having  
            to obtain authorization from PUC before merging or otherwise  
            consolidating with a subsidiary, an affiliate, or a  
            corporation if certain conditions are met.

          2)Provide that PUC may designate a process other than an advice  
            letter process if it determines that the transaction requires  
            a more comprehensive review.

          3)Provide that PUC shall reject any advice letter request that  
            seeks to circumvent the $5 million threshold by dividing a  
            single asset into component parts. 

           EXISTING LAW  requires a public utility to obtain an order from  
          PUC before selling, leasing, assigning, mortgaging, other  
          otherwise disposing of any property that is necessary or useful  
          in the performance of its duties to the public.
                         
           AS PASSED BY THE ASSEMBLY  , this bill:

          1)Required PUC to approve a public utility's request to sell,  
            lease or otherwise transfer a property valued at less than $5  
            million through a 120-day advice letter process rather than  








                                                                           
           AB 736
                                                                  Page  2

            through a formal proceeding. 

          2)Exempted a public utility from having to obtain authorization  
            from PUC before merging or otherwise consolidating with a  
            subsidiary, an affiliate, or a corporation if certain  
            conditions are met.

           FISCAL EFFECT  :  According to the Assembly Appropriation  
          Committee, net special fund costs of up to $100,000 annually for  
          the equivalent of one position to review advice letters

           COMMENTS  :  The purpose of this bill is to help streamline a long  
          process at PUC for non-controversial asset sales, transfers,  
          leases or encumbrances of utility property.  Current law  
          requires public utilities to undergo a full proceeding at PUC  
          before selling, leasing, assigning, mortgaging, other otherwise  
          disposing of any property necessary for performing its duties to  
          the public.  These proceedings can 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 by  
          allowing public utilities to file an advice letter and obtain an  
          authorizing resolution to sell or transfer property from PUC  
          rather than requiring the utility to undergo a full proceeding  
          if the value of the transaction is less than $5 million.  PUC is  
          currently considering the implementation of an advice letter  
          pilot program with substantially similar components to those  
          included in this bill.


           Analysis Prepared by  :    Edward Randolph / U. & C. / (916)  
          319-2083


          FN: 0012604