BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          AB 975 -  Fong                Hearing Date:  June 30, 2009        
          A
          As Amended: June 25, 2009               FISCAL           B

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                                      DESCRIPTION
           
           Current law  provides that the California Public Utilities  
          Commission (CPUC) may only require the installation of water  
          meters if it determines that the meters will be cost effective,  
          will result in a significant reduction in water consumption, and  
          will not impose an unreasonable financial burden on the  
          customer.

           This bill  deletes that provision.

           This bill  requires water corporations serving 500 or more  
          customers to install water meters on all new service connections  
          as of January 1, 2010 and on all customers by January 1, 2025.

          For water corporations serving less than 500 customers, the CPUC  
          may require the installation of water meters if it finds that  
          the meters will be cost effective, the meters will reduce water  
          consumption, or that the cost of metering will not impose an  
          unreasonable financial burden on the customer.

                                      BACKGROUND
           
          Charging for utility service by the volume consumed is standard  
          practice, except where the incremental cost of service is  
          extremely low (e.g. telephone calls).  A utility charging a flat  
          price for an unlimited amount of electricity or natural gas  
          service would quickly go bankrupt.  Most water service is  
          metered and charged based primarily on the volume consumed.

          Water utilities serving more than 3000 connections, whether  
          regulated by the CPUC or not, are required to install meters and  











          charge for water by volume on all of their customers by 2025.

          The CPUC regulates 140 water utilities providing potable and  
          irrigation water to more than 6 million Californians.  Total  
          revenue of these utilities is about $1 billion annually.  In  
          2005 the CPUC articulated its policy objectives in regulating  
          water utilities in a document called its "Water Action Plan".   
          The plan calls for promoting metered water service to encourage  
          conservation and encouraging increasing conservation and  
          efficiency rate designs.  According to the CPUC about 15% of  
          California water utilities have non-metered rates.











































                                       COMMENTS

              1.   According to the CPUC, this bill will affect 24 water  
               utilities, each serving between 500 - 1999 customers.   
               Larger water utilities are required to install water meters  
               pursuant to existing law.

              2.   At Any Cost?  - Underlying this bill is the presumption  
               that water supplies are short and that unmetered water  
               service leads to overuse.  Consequently, water meters must  
               be installed and bills rendered on a usage basis to  
               encourage conservation of a precious and scarce resource,  
               regardless of the cost and the impact on customers.

               The installed cost of a water meter is $500 -$1000.   
               Reading the meter and creating a volume-based billing  
               mechanism will create additional costs, all of which will  
               be born by customers.  Under current law the CPUC must  
               consider the cost-effectiveness of installing meters and  
               the cost impact on customers before requiring that water  
               meters be installed.  The bill sponsors indicate that the  
               CPUC's cost-effectiveness test makes it nearly impossible  
               to require water meters.  

               Rather than simply requiring water meters irrespective of  
               cost and customer impact,  the author and committee may wish  
               to consider  an alternate approach which allows the CPUC to  
               exercise judgment as to whether water meters are in the  
               customer's interest.  The CPUC has already expressed a  
               policy encouraging water meters.  On a case-by-case basis  
               the CPUC could assess whether the cost of the water meter  
               on customers is reasonable, considering the particular  
               circumstances of those customers and the utility, such as  
               cost of construction, adequacy of water supply, the ability  
               of the customer to absorb higher costs, and whether the  
               customers were predominantly year-round or part-time.  

              3.   Smallest Utilities Could Also be Required to Meter  - For  
               water utilities serving less than 500 customers, this bill  
               authorizes the CPUC to require meters if  any  of the  
               following three tests is met:  1) the metering is cost  
               effective, 2) metering will encourage water conservation,   
               3) metering won't impose an unreasonable burden on the  
               customers.  This is a change from current law which allows  










               the CPUC to require water meters only if  all  three tests  
               are met.

              4.   Technical Issue  - There is a conflict between Section  
               (b) which requires charges based on volume and Section (c),  
               which allows for fees or charges which may not be volume  
               based.  This can be fixed by adding "Notwithstanding the  
               provisions of section (b)(1)," to the beginning of line 36  
               on page 4.

                                    ASSEMBLY VOTES
           
          Assembly Floor                     (54-24)
          Assembly Appropriations Committee  (12-4)
          Assembly Water, Parks and Wildlife Committee                    
          (10-2)






































                                       POSITIONS
           
           Sponsor:
           
          Sierra Club California

           Support:
           
          California Public Utilities Commission
          California Water Association
          East Bay Municipal Utility District
          Environmental Justice Coalition for Water
          Friends of the River
          GreenPlumbersUSA
          Natural Resources Defense Council
          Planning and Conservation League
          Sierra Club of California

           Oppose:
           
          None on file

          































          Randy Chinn 
          AB 975 Analysis
          Hearing Date:  June 30, 2009