BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1456|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  SB 1456
          Author:   Galgiani (D) 
          Amended:  4/27/16  
          Vote:     21 

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  7-0, 4/20/16
           AYES:  Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/27/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           SUBJECT:   Safe Drinking Water State Revolving Fund Law of  
                     1997:  public water systems:  financing


          SOURCE:    Author

          DIGEST:   This bill expands the eligibility for loan forgiveness  
          for capital improvements to all water systems serving severely  
          disadvantaged communities with fewer than 200 service  
          connections.


          ANALYSIS:  


          Existing law:  


          1)Requires, under the California Safe Drinking Water Act (SDWA),  
            the State Water Resources Control Board (SWRCB) to regulate  
            drinking water and enforce the federal Safe Drinking Water Act  
            and other regulations.










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          2)Establishes the Safe Drinking Water State Revolving Fund  
            (SDWSRF), and moneys in the Fund are continuously appropriated  
            to the SWRCB for the provision of grants and revolving fund  
            loans to provide for the design and construction of projects  
            for public water systems that will enable suppliers to meet  
            safe drinking water standards.


             a)   For community public water systems and not-for-profit  
               noncommunity public water systems, allows planning and  
               preliminary engineering studies, project design, and  
               construction costs incurred by those public water systems  
               to be funded by loans and other repayable financing. 


             b)   Additionally allows, if those public water systems are  
               owned by public agencies or not-for-profit water companies,  
               those specified costs to be funded by grants, principal  
               forgiveness, or a combination of grants and loans or other  
               financial assistance.


             c)   Deems a public agency or private not-for-profit water  
               company serving a severely disadvantaged community with  
               fewer than 200 service connections and that owns a small  
               community water system or nontransient community water  
               system to have no ability to repay any financing for a  
               project serving the severely disadvantaged community.


          3)Requires the California Public Utilities Commission (CPUC) to  
            establish rates for investor-owned utilities water service  
            providers.


          This bill expands the eligibility for loan forgiveness for  
          capital improvements to all water systems serving severely  
          disadvantaged communities with fewer than 200 service  
          connections.  By expanding the use of moneys in a continuously  
          appropriated fund, this bill makes an appropriation.










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          Background


          1) SDWSRF


             Congress established the SDWSRF as part of the 1996 Safe  
             Drinking Water Act amendments to better enable public water  
             systems to comply with national primary drinking water  
             standards and to protect public health.  The SDWSRF provides  
             financial assistance in the form of capitalization grants to  
             states to provide low-interest loans and other assistance to  
             public water systems.  


             In order to receive these funds, states must provide a state  
             match equal to 20% of the federal capitalization grants and  
             must create a drinking water state revolving fund program for  
             public water system infrastructure needs and other drinking  
             water-related activities.  In response, California  
             established the SDWSRF through SB 1307 (Costa, Chapter 734,  
             Statutes of 1997) to help fund the state's drinking water  
             needs.  


             SDWSRF provides low-interest preconstruction and construction  
             loans or grants to drinking water systems.  These loans or  
             grants cover capital improvements that increase public health  
             and compliance with drinking water regulations.


             Financial incentives including reduced interest rates,  
             extended financing terms, principal forgiveness and grants  
             targeted toward small disadvantaged communities with  
             financial hardship. 


             SWRCB division of drinking water evaluates financial hardship  
             and ability to repay based on affordability criteria  
             including population, median household income, and rates as a  
             percent of median household income.









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          2) What are investor-owned water utilities?



             Investor-owned water companies are water service providers  
             that own regulated water and wastewater utilities, partner  
             with municipalities to form public-private partnerships, or  
             operate and maintain water and wastewater systems as  
             contracted services providers.  These companies may be  
             privately owned or publicly traded.



             In California, these water service providers who own and  
             operate utilities are regulated by the CPUC.  CPUC  
             establishes rates and terms of service.  In setting rates,  
             CPUC reviews the company's costs, audits system needs,  
             conducts public hearings for customers, holds formal  
             evidentiary hearings adjudicated by administrative law  
             judges, and issues a final decision authorizing the utility  
             to establish approved rates and terms of service.  



             Rates are set to collect an authorized revenue requirement to  
             compensate for just and reasonable expenses for operating and  
             maintaining a water system and costs related to capital  
             expenditure, including an authorized rate of return on the  
             undepreciated capital investment (rate base), depreciation  
             expense, property and income taxes.



             There are 108 investor-owned water utilities under the CPUC's  
             jurisdiction providing water service to about 16% of  
             California's residents.  Approximately 95% of that total is  
             served by nine large water utilities each serving more than  
             10,000 connections.  Annual water and wastewater revenues  
             under the CPUC's regulation total $1.4 billion.  









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             CPUC regulates 70 Class D water utilities that have less than  
             500 connections.  Of these 70, 55 have less than 200 service  
             connections.  There are also eight districts of Class A and B  
             multi-district utilities that have less than 200 connections.  
              CPUC's regulation of water utilities does not consider  
             whether or not the utility is serving severely disadvantaged  
             communities.  As such, CPUC does not maintain information to  
             know if any of the 55 Class D water utilities or the eight  
             districts of the Class A and B multi-district utilities serve  
             severely disadvantaged communities.



             The after-tax authorized rate of return on a utility's rate  
             base is between 10.2% and 11.2% for Class D water utilities.


          Comments


          1) Purpose of bill.  According to the author, CPUC-regulated  
             water utilities are eligible for loans from the SDWSRF  
             Program.  The author asserts that these loans are necessary  
             to help finance the cost of drinking water infrastructure  
             projects needed to achieve or maintain compliance with SDWA  
             requirements.  The author states that when a public agency or  
             private not-for-profit water company is unable to repay the  
             full cost of the financing, the SWRCB is able to authorize a  
             grant or principal loan forgiveness.  SB 1456 allows CPUC  
             regulated water utilities (for-profit investor-owned  
             utilities) to access loan forgiveness.  


          2) Apples to oranges evaluation of "ability to repay loan"?  


             There is clear evidence that small water systems serving  
             severely disadvantages communities do not have the ability to  
             bear the costs of major capital improvements through the rate  
             base.  Therefore, there is clear value in expanding the  








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             definition in statute of those systems that are deemed unable  
             to repay any financing for a project serving the severely  
             disadvantaged community serving 200 connections or less to  
             treat equally all systems regardless of whether the water  
             provider is not-for-profit or for-profit in order to ensure  
             clean drinking water delivery is not dependent on the  
             severely disadvantaged communities' ability to bear the cost.


             However, the value is less clear on providing loan  
             forgiveness for those for-profit water systems whose  
             investors are earning a rate of return between 10% and 11%  
             and that are large enough that the economy of scale is such  
             that the rate base and investor's profit may be able to bear  
             some portion of the cost of the capital improvement.


             While there is value to the state's, and thereby taxpayers,  
             investment in capital upgrades to water systems to ensure  
             clean drinking water regardless of nature of water system  
             (i.e. not-for-profit or for-profit), it is less clear whether  
             for profit companies should be treated the same as  
             not-for-profit systems when it comes to subsidizing their  
             infrastructure.  


            Additionally, the SDWSRF was constructed to be a revolving  
            loan program.  If California expands the pool (to every water  
            system in the state) for loan forgiveness of a continuously  
            appropriated program, it increases the probability of  
            depleting the revenue more quickly and the program eventually  
            ceasing to be a revolving loan program and rather becoming a  
            grant program that does not serve the ongoing needs of  
            California's most vulnerable communities and water systems.   
            It is not clear that the current SDWSRF loan forgiveness  
            criteria as set by SWRCB is limiting enough to prevent this  
            from happening.




          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  








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          Com.:YesLocal:   No


          According to the Senate Appropriations Committee, there are cost  
          pressures on the SDWSRF resulting from eligibility for loan  
          forgiveness for an increased number of water systems.




          SUPPORT:   (Verified 5/27/16)


          California Association of Mutual Water Companies
          California Public Utilities Commission  
           California Water Association


          OPPOSITION:   (Verified5/27/16)


          None received


          Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
          5/28/16 17:08:41


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