BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1112  


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          Date of Hearing:  August 10, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1112  
          (Cannella) - As Amended August 1, 2016


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          |Policy       |Utilities and Commerce         |Vote:|15 - 0       |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill authorizes the California Public Utilities Commission  
          (PUC) to retroactively approve, or conditionally approve,  
          transactions by small water or sewer corporations valued at $5  
          million or less, when the utility fails to obtain prior  
          approval. Specifically, this bill:  


          1)Requires water or sewer system corporations, or an entity  
            merging with or acquiring control of a water or sewer system  
            corporation, with less than 2,000 service connections, to  
            obtain prior approval from the PUC before entering into a  
            transaction related to property subject to and valued at $5  








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            million or less.


          2)Provides that if a water or sewer system corporation, or an  
            entity merging with or acquiring control of a water or sewer  
            system corporation, fails to obtain prior approval, the  
            transaction is voidable by the PUC unless the PUC takes the  
            following action:


             a)   Retroactively approves the transaction upon a  
               determination that the transaction is in the best interests  
               of both the corporation and its ratepayers.


             b)   Conditionally approves the transaction, subject to  
               specified conditions that would ensure the transaction is  
               in the best interest of the corporation and its ratepayers.


          3)Authorizes the PUC to delegate the authority to make the  
            determinations in this bill to the director of the division  
            that investigates water and sewer system service quality  
            issues and analyzes and processes utility rate change  
            requests. 


          FISCAL EFFECT:


          The PUC indicates minor cost savings associated with not having  
          to void future accidental asset sales. This will reduce PUC  
          attorney workload associated with locating the last legal owner  
          of record and sorting out property rights.


          COMMENTS:










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          1)Background. The PUC has jurisdiction over 12 sewer and 108  
            water companies that provide water service to about 16% of  
            California's residents.  Ninety-four of these water utilities  
            have service connections of 2,000 or less.


          2)Purpose.  This bill is sponsored by the PUC. According to the  
            PUC, there have been instances when small water corporations  
            sell their utilities and are unaware that they must first get  
            approval from the PUC for any transactions involving the  
            "property necessary and useful in the performance of its  
            duties to the public," as required by Public Utilities Code  
            Section 851.  In those instances, the PUC's only option is to  
            void the sale. When this occurs, PUC staff must track down the  
            original owner and explain that the sale is now void.   
            Locating the original owner may be difficult, as the owner may  
            have died, may be out of state, or not able to cooperate.   
            Although the PUC attempts to educate owners of these utilities  
            of their many responsibilities, sales may still occur without  
            PUC prior approval, particularly when the operator dies and a  
            family member inherits the utility and is not aware of the  
            responsibilities and requirements. The PUC has provided recent  
            examples that have surfaced with January Water Company,  
            Wendell Water Company, Sonoma Springs Water Company, Black  
            Butte Water Company and Live Oak Springs Water Company.


            This bill would provide the PUC some discretion to make a  
            post-sale approval, or conditional approval, determination for  
            transactions involving small water and sewer utilities, those  
            with 2,000 service connections or less, for specified  
            transactions valued at $5 million or less.  

          3)Urgency amendments.  The author proposes to add an urgency  
            clause to this bill to allow the PUC to immediately resolve  
            transactions that have been voided under existing law.  


          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  








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          319-2081