BILL ANALYSIS SB 1025 Date of Hearing: July 12, 1995 ASSEMBLY COMMITTEE ON APPROPRIATIONS Charles Poochigian, Chair SB 1025 (Peace) - As Amended: July 6, 1995 Policy Committee: Utilities & CommerceVote: 12-0 State Mandated Local Program: Yes Reimbursable: No SUBJECT Public utilities: water corporations. This bill: 1) Requires a water corporation, when it sells any real property to invest any net proceeds from the sale in water system infrastructure, plant facilities, and properties that are necessary or useful in the performance of its duties to the public. 2) Limits the use of these proceeds for capital investment purposes for a time period of 8 years after which any remaining balances, including accrued interest, would be allocated to ratepayers. FISCAL EFFECT 1) The Department of Finance estimates minor and absorbable costs to the Utilities Reimbursement Account for the Public Utilities Commission (PUC) to consider reinvestments for infrastructure improvements. 2) Unknown, probably minor, costs to local government for enforcement; crimes and infractions disclaimer. - continued - SB 1025 Page 1 SB 1025 3) The PUC anticipates no net effect on ratepayers. COMMENTS 1) Existing law authorizes the PUC to regulate utilities, including water corporations. The PUC is vested with the authority to make decisions on whether or not to allow capital gains to revert to shareholders, return the gains to ratepayers, or to reinvest these gains in infrastructure improvements in the system. 2) There are approximately 250 investor-owned, PUC regulated, water utilities providing service throughout California. These water companies provide service to approximately 20% of the state's population. The capital outlay demands on water companies have escalated in recent years as state and federal safe drinking water laws mandate increased water treatment, which often requires improvement in water treatment facilities. Because of their small size relative to traditional investor owned utilities, obtaining financing for infrastructure improvements has been historically difficult. 3) The PUC has issued several decisions in the area of gain-on-sale (the disposition of the proceeds) from a sale of non-used and useful property. In some instances, the PUC has permitted a water company to allow the gains to revert to shareholders. In other instances, the CPUC has required the water company to flow all or part of the gains to ratepayers, often in the form of lower rates. The PUC makes these decisions on a case-by-case basis. - continued - SB 1025 Page 2