BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 975
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     AB 975 (Fong) - As Amended:  April 22, 2009 

          Policy Committee:                              WPW  Vote:10-2

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires water corporations regulated by the  
          California Public Utilities Commission (CPUC) to install water  
          meters on new service connections and on unmetered connections.   
          Specifically, this bill:  

          1)Repeals current law limiting CPUC authority to require water  
            corporations to install water meters unless certain conditions  
            are met.

          2)Requires water corporations with 500 or more service  
            connections that are not subject to Water Code requirements to  
            install water meters, to:

             a)   Install a meter on all new service connections after  
               January 1, 2010.
             b)   Install a water meter on all unmetered service  
               connection by January 1, 2020.
             c)   Charge customers, as of January 15, 2015, for potable  
               water based on volume of water deliveries, if water meters  
               have been installed.

          3)Requires water corporations that reach 500 or more service  
            connections after January 1, 2010, to install water meters on  
            each unmetered connection within 10 years of attaining 500  
            connections and charge customers based on the volume of  
            potable water deliveries, with certain exceptions.

          4)Allows water corporations to recover the costs of water meter  
            installation through rates, fees and charges, subject to the  
            approval of CPUC.









                                                                  AB 975
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          5)Requires CPUC to ensure compliance with metering requirements.

          6)Authorizes CPUC to require a water corporation with less than  
            500 service connections to install water meters if the  
            Commission makes certain findings.

           FISCAL EFFECT  

          1)Minor, absorbable costs to CPUC.

          2)Unknown but potentially significant costs, potentially in the  
            millions of dollars collectively, paid by the individual  
            ratepayers of the state's water corporations, to install water  
            meters.

           
          COMMENTS  

           1)Rationale.   The author contends existing law regarding water  
            metering is outdated.  In the past, many local communities,  
            particularly those in some parts of Northern California,  
            resisted water metering.  Existing law concerning water  
            metering reflects that resistance by creating barriers to  
            water metering.  The author contends that this bill updates  
            the law to encourage and require water metering in order to  
            facilitate water conservation.
           
           2)Background.   

              a)   PUC's Regulation of Water Corporations.   The CPUC is  
               responsible for ensuring that the investor-owned water  
               utilities (water corporations) deliver clean, safe, and  
               reliable water to their customers at reasonable rates.  
               There are 129 investor-owned water utilities under CPUC  
               jurisdiction, providing water serve to approximately 20% of  
               California's residents.

              b)   Water Conservation and Water Metering.   Water  
               conservation is an effective, generally low-cost, and  
               relatively environmentally benign tool to stretch the  
               state's water supply.  Water conservation, can, if  
               comprehensively adopted, help preclude the need to build  
               new dams to create reservoirs, divert additional flows from  
               natural rivers and streams, and construct relatively  
               expensive water recycling and reclamation facilities.








                                                                  AB 975
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               The success of most water conservation depends on measuring  
               the volume of water deliveries.  A household that does not  
               have its water deliveries measured will not profit from  
               water conservation.  For households equipped with water  
               meters, water volume delivered can be measured so as to  
               determine the price paid for the water.  Households that  
               use less water pay less, while those that use more pay  
               more. Water meters, therefore, can encourage (or coerce)  
               water conservation by enabling volume-based water pricing. 

              c)   Municipally Owned Water Agencies Must Meter.   AB 2572  
               (Kehoe, Chapter 884, Statutes of 2004) required all urban  
               water suppliers-meaning municipally owned water agencies  
               that supply most of the water in the state-to install  
               meters and charge for water by volume by 2025 and requires  
               the installation of meters.  The requirements of AB 2572 do  
               not apply to water corporations, which are subject to this  
               bill.  

             d)   Existing Law Limits CPUC's Ability to Require Water  
               Meters.   The Public Utilities Code bars CPUC from requiring  
               water corporations to install water meters unless it  
               determines that water meter installation would be cost  
               effective, reduce water consumption, and not impose an  
               unreasonable financial burden.  The financial burden  
               standard, which the Commission bases on net present value  
               of future cost-savings, impairs the Commission's ability to  
               require meters, particularly in areas where water costs are  
               low.    
           
           3)Opposition.  There is no registered opposition to this bill.   
            However, some are likely to oppose the bill because, they  
            might claim, it unfairly burdens water rate payers.  
            Presumably, any water conservation that results from the  
            installation of water meters would benefit a wide range of  
            water users, possibly all water users in the state.  But the  
            bill gives CPUC the authority to allow water corporations to  
            recover the costs of meter installation only from those water  
            corporations' rate payers, not from the larger body of water  
            users who benefit.
           
          Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081