BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1456


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          Date of Hearing:  June 28, 2016


           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS


                                  Luis Alejo, Chair


          SB  
          1456 (Galgiani) - As Amended April 27, 2016


          SENATE VOTE:  38-0


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


          SUMMARY:  Expands the eligibility for grants and principal loan  
          forgiveness to water corporations regulated by the California  
          Public Utilities Commission (CPUC) for projects funded under the  
          Safe Drinking Water State Revolving Fund (SDWSRF).   
          Specifically, this bill:  


          1)Expands the eligibility for projects under the SDWSRF by  
            allowing water corporations regulated by the CPUC to be  
            eligible for grants and principal loan forgiveness.  


          2)Requires the State Water Resources Control Board (State Water  
            Board) to determine what portion of the full costs the public  
            water system is capable of repaying and authorizes funding in  
            the form of a loan or other repayable financing.  Requires the  
            State Water Board to authorize a grant or principal  
            forgiveness only to the extent the State Water Board finds the  
            public water system is unable to repay the full costs of the  








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            financing.


          3)Limits principal forgiveness to capital improvements serving  
            severely disadvantaged communities with fewer than 200 service  
            connections, where the public water system is a water  
            corporation regulated by the CPUC.  Requires the State Water  
            Board to consider the realized rate of return for the public  
            water system as criteria for determining the public water  
            system's ability to repay the costs of the financing.


          4)Provides that a public water system, other than those  
            regulated by the CPUC, serving a severely disadvantaged  
            community with fewer than 200 service connections is deemed to  
            have no ability to repay any financing for a project serving a  
            severely disadvantaged community.


          5)Requires the CPUC, at the request of the State Water Board, to  
            submit comments, to the State Water Board, concerning the  
            ability of public water systems, regulated by the CPUC, to  
            finance the project from other sources and to repay the  
            financing.


          EXISTING LAW:   


          1)Establishes the California Safe Drinking Water Act (SDWA) and  
            requires the State Water Board to maintain a drinking water  
            program. (Health & Safety Code (HSC) § 116270, et seq.)

          2)Defines a "public water system" as a system for the provision  
            of water for human consumption through pipes or other  
            constructed conveyances that has 15 or more service  
            connections or regularly serves at least 25 individuals daily  
            at least 60 days out of the year.  (HSC § 116275)









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          3)Establishes the SDWSRF to provide financial assistance for  
            community water systems to achieve compliance with the SWDA.  
            (HSC §116760 et seq.)


          4)Defines a "severely disadvantaged community" as a community  
            with a median household income of less than 60 percent of the  
            statewide average.  (HSC § 116760.20)

          5)Allows costs incurred by a community and not-for-profit  
            noncommunity public water system for planning and preliminary  
            engineering studies, project design, and construction to be  
            funded from the SDWSRF by loans or other repayable financing.   
            Further allows public water systems that are owned by public  
            agencies or private not-for-profit water companies to be  
            eligible for grants, principal forgiveness, or a combination  
            of grants and loans or other financial assistance under the  
            SDWSRF.  (HSC § 116761.20 (a))

          6)Requires the State Water Board to determine what portion of  
            the full costs the public agency or private not-for-profit  
            water company is capable of repaying and authorizes funding in  
            the form of a loan or other repayable financing.  Requires the  
            State Water Board to authorize a grant or principal  
            forgiveness only to the extent the State Water Board finds the  
            public agency or not-for-profit water company is unable to  
            repay the full costs of the financing.  (HSC § 116761.20  
            (b)(1))



          7)Provides that where a public agency or private not-for-profit  
            water company serving a severely disadvantaged community with  
            fewer than 200 service connections owns a small community  
            water system or nontransient noncommunity water system, the  
            public agency or private not-for-profit serving the severely  
            disadvantaged community is deemed to have no ability to repay  
            any financing for a project serving the severely disadvantaged  








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            community.  (HSC § 116761.20 (b)(2))



          8)Defines a "water corporation" to include every corporation or  
            person owning, controlling, operating, or managing any water  
            system for compensation within this State.  (Public Utilities  
            Code (PUC) § 241)



          9)Defines a "public utility" to include every common carrier,  
            toll bridge corporation, pipeline corporation, gas  
            corporation, electrical corporation, telephone corporation,  
            telegraph corporation, water corporation, sewer system  
            corporation, and heat corporation, where the service is  
            performed for, or the commodity is delivered to, the public.  
            (PUC § 216 (a))





          10)Provides that when any public utility performs a service for,  
            or delivers a commodity to, the public for which any  
            compensation or payment is received, it is subject to the  
            jurisdiction, control, and regulation of the CPUC.  (PUC §  
            216(b))



          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, if this bill is enacted, there could be cost  
          pressures on the SDWSRF resulting from eligibility for loan  
          forgiveness for an increased number of water systems.


          









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          COMMENTS:  



          Need for the bill: According to the author, 

            "Water utilities regulated by the CPUC are eligible for  
            water-related state and federal funding programs, like the  
            Prop.1 Water Bond, as long as the funding is used for projects  
            to benefit their customers.  This is due to the fact that  
            customers of regulated utilities pay for the funding of  
            programs through taxes just like every other taxpayer in the  
            state.  The CPUC has rules governing the water utilities'  
            receipt and use of state and federal funds, which, among other  
            things, ensure the customers directly benefit from the receipt  
            and use of these funds.

            CPUC-regulated water utilities are eligible for loans from the  
            SDWSRF.  This program, under the State Water Board, assists  
            water systems in financing the cost of drinking water  
            infrastructure projects needed to achieve or maintain  
            compliance with SDWA requirements.  CPUC-regulated water  
            utilities are not eligible for loan forgiveness under this  
            statute.  There are water service territories of  
            CPUC-regulated water utilities in distressed communities where  
            their customers would benefit from loan forgiveness by the  
            State Water Board.

            The State Water Board is allowed to authorize a grant or  
            principal forgiveness under the SDWSRF in cases where the  
            State Water Board finds a public agency or private  
            not-for-profit water company is unable to repay the full costs  
            of the financing.  Again, CPUC-regulated water utilities are  
            not eligible for loan forgiveness under state law.

            SB 1456 expands the eligibility for loan forgiveness for  
            capital improvements to all water systems serving severely  
            disadvantaged communities with fewer than 200 service  








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            connections."



          Safe Drinking Water Act: The federal Safe Drinking Water Act  
          (SDWA) was enacted in 1974 to protect public health by  
          regulating drinking water.  California has enacted its own safe  
          drinking water act to implement the federal law and establish  
          state standards.  The United States Environmental Protection  
          Agency (US EPA) enforces the federal SDWA at the national level.  
           Most states, including California, have been granted "primacy"  
          by the US EPA, giving them the authority to implement and  
          enforce the federal SDWA at the state level.  In accordance with  
          the federal SDWA, the US EPA provides funds to states for their  
          drinking water loan programs, conducts an annual oversight  
          review of each state's SDWSRF program, and issues an annual  
          program evaluation report.  


          Safe Drinking Water State Revolving Fund (SDWSRF): The SDWSRF  
          provides low-interest loans, zero-interest loans, debt  
          refinancing, principal forgiveness, and grants to public water  
          systems for infrastructure improvements to correct system  
          deficiencies and improve drinking water quality.  Eligible  
          projects include the planning, design, and construction of  
          drinking water projects such as water treatment systems,  
          distribution systems, and consolidations of two or more water  
          systems.  Eligible applicants for SDWSRF monies include publicly  
          owned community water systems (counties, cities, and districts),  
          privately owned community water systems (for-profit water  
          utilities, nonprofit mutual water companies), and nonprofit or  
          publicly owned noncommunity water systems (public school  
          districts).  


          The State Water Board maintains a list, posted on its website,  
          to identify potentially eligible future projects.  A project  
          must be on this list to be considered for financing.  However,  
          placement on the list does not guarantee a project will be  








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          funded.  Priority is given to projects that address the most  
          serious risk to human health; are necessary to ensure compliance  
          with the requirements of the federal SDWA; and, assist systems  
          most financially in need on a per household basis.


          The SDWSRF is funded by annual grants from the US EPA and a  
          federally required 20 percent match from the state. The federal  
          and state funds are used to provide financial assistance for  
          eligible projects.  The proceeds from these loans are then paid  
          back, with interest, into the SDWSRF in later years, providing  
          funding for new loans in the future.


          Water companies regulated by the CPUC: The California Public  
          Utilities Commission (CPUC) is responsible for ensuring that  
          California's investor-owned water utilities deliver clean, safe,  
          and reliable water to their customers at reasonable rates. There  
          are 108 investor-owned water utilities under the CPUC's  
          jurisdiction providing water service to about 16 percent of  
          California's residents. Approximately 95 percent of that total  
          is served by 9 large water utilities each serving more than  
          10,000 connections.  


          Under current law, only public agencies or not-for-profit water  
          companies are eligible for grants or principal loan forgiveness  
          through the SDWSRF.  This bill would expand that eligibility by  
          allowing water companies that are regulated by the CPUC to be  
          eligible for loan forgiveness and grants for capital  
          improvements. The customers of these water companies pay taxes,  
          along with the customers of all other public water systems,  
          which provide funding for these loan programs.  Given that, the  
          author argues that it does make sense to allow these CPUC  
          regulated water companies to be eligible for the grant and loan  
          forgiveness element of the SDWSRF.  It is important to note  
          however, that the SDWSRF uses the repayment of loans as source  
          of funding for future projects, so anytime there is a grant or  
          loan forgiveness it could reduce the amount of funds available  








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          to the SDWSRF in the future.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Water Association




          Opposition


          None on file.




          Analysis Prepared by:Josh Tooker / E.S. & T.M. / (916)  
          319-3965