HomeMy WebLinkAboutAgenda Packet - November 25, 2005 - UBAGENDA
SPECIAL REGULAR MEETING OF
AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL
AZUSA LIGHT & WATER MONDAY, NOVEMBER 28, 2005
729 N. AZUSA AVENUE 6:00 PM
AZUSA, CA 91702
AZUSA UTILITY BOARD
DIANE CHAGNON
CHAIRPERSON
DAVE HARDISON
VICE CHAIRPERSON
KEITH HANKS
BOARD MEMBER
IOSEPH R. ROCHA
BOARD MEMBER
ANGEL A. CARRILLO
BOARD MEMBER
6:00 p.m. - Convene to Regular Meeting of the Azusa Utility Board and Azusa City Council
• Call to Order
• Pledge to the Flag
• Roll Call
A. PUBLIC PARTICIPATION
(PersonlGroup shall be allowed to speak without interruption up to rive (5) minutes maximum
time, subject to compliance with applicable meeting rules. Questions to the speaker or
responses to the speaker's questions or comments shall be handled after the speaker has
completed his/her comments. Public Participation Wil be limited to sirty (60) minutes time.)
The Consent Calendar adopting the printed recommended action will be enacted with one vote. if Staff or
Counci/members wish to address any item on the Consent Calendar individua16,, it will be considered under
SPECIAL CALL ITEMS.
°I
B. CONSENT CALENDAR
I
1. Minutes. Recommendation: Approve minutes of regular meeting of October 24, 2005, as written.
I
B -t® B
Minutes.doc
2. Sale of Water Property at 16108 E. San Bernardino Road, Covina. Recommendation: Approve the
following resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING THAT PUBLIC INTEREST
AND NECESSITY REQUIRE THE SALE OF SURPLUS PROPERTY, DECLARING ITS INTENT TO SELL
RESIDENTIAL PROPERTY LOCATED AT 16108 EAST SAN BERNARDINO ROAD (ASSESSOR PARCEL NO.
8435-027-270) AND SETTING A HEARING DATE FOR CONSIDERATION OF PROTESTS.
&2. Sale of San
Bernardino Property.,
3. Termination of Bureau of Reclamation Contract with Hoover Power Plant. Recommendation:
Approve termination of Reclamation Contract No. 7-07-30-P1022 for the upgrading of Hoover Power
Plant as all the terms, conditions, and upgrade work have been completed; and authorize Mayor to
execute agreement.
B-3. Bureau Contract
Terninatlon.doc
4. Pro -forma Wholesale Power Resource Agreement. Recommendation: Approve Netting
Agreement between PacifiCorp Power Marketing and Azusa, and authorize the Mayor to execute
agreement upon the preparation of execution documents.
B4. PPM Netting
Agnt.doc
5. AB 939 Compliance/Waste Diversion Shortfall for 2004. Recommendation: Authorize staff to
solicit proposals from qualified consultants to review reasonableness of rates to be submitted by
Athens Services for new recycling programs.
B-5. AB939
Report.doc
2
002
6. Electric Cost of Service Study. Recommendation: Authorize staff to issue a Request for Proposals
(RFP) for a cost of service study for electric services.
&6. Cost of Service
Study.doc
7. Pacific Technical Resources Change Order. Recommendation: Approve a change order with Pacific
Technical Resources in amount not -to -exceed $17,659 for additional work regarding relay settings at
the Kirkwall Substation.
B-7. FM for Relay
Mamt.doc
C. STAFF REPORTS/COMMUNICATIONS
Monthly Power Resources Update
— - —
PovvResMotyRpt.ppt
2. Upcoming Utility Events/Conferences
C-2. upcorring
events.doc
3. CMUA's 2005 Legislative Report
C-3. LegsatNe .
Report.doc
D. DIRECTOR'S COMMENTS
E. ADJOURNMENT
Adjournment.
%n compliance with the Americans with Disabilities Act, if you need special assistance to participate in
a city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior
to the meeting or time when special services are needed will assist staff in assuring that reasonable
arrangements can be made to provide access to the meeting. "
3
003
CITY OF AZUSA
MINUTES OF THE REGULAR
MEETING OF THE AZUSA
UTILITY BOARD/CITY COUNCIL
MONDAY, OCTOBER 24, 2005 - 7:00 P.M.
The Utility Board Members of the City of Azusa met in regular session, at the above date and
time, in the Azusa Light and Water Department Conference Room, located at 729 N. Azusa
Avenue, Azusa, California.
Chairperson Chagnon called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: BOARDMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON
ABSENT: BOARDMEMBERS: NONE
ALSO PRESENT: Also Present
City Attorney Ferre, Director of Utilities Hsu, Director Resource Management Tang, Assistant
Director of Water Operations Anderson, Assistant to the Utilities Director Kalscheuer, Assistant
Director of Electric Operations Ramirez, Assistant Director of Customer Care and Solutions Vanca,
Administrative Technician Yang, City Manager Delach, Assistant City Manager Person, City
Engineer Scott, Economic Development Director Coleman, Director of Administrative Services
Kreimeler, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano.
Public Participation Pub Part
Mr. Art Morales addressed Board Members stating that he has been receiving complaints A. Morales
regarding the recent Water Rate Increase. He thanked Board Member Hanks for his recent stand Comments
regarding the new Fireworks Ordinance.
Mr. Jorge Rosales addressed Board Members with questions regarding item B-2; i.e. J. Rosales
approximately $300,000 of repair to a ten year old building; and the question of warranties. He Comments
provided an update on the Azusa School Board Candidates Forum.
004
The CONSENT CALENDAR consisting of items B- I through B-6, was approved by motion of Board Consent Cal.
Member Rocha, seconded by Board Member Carrillo and unanimously carried, with the exception Approved
of B-2, which was considered under the Special Call portion of the Agenda.
1. The Minutes of the regular meeting of September 26, 2005, were approved as written. Min appvd
2. SPECIAL CALL ITEM.
3. Approval was given for additional payment of $8,374.60 to Layne Christensen for extra
Layne
costs due to additional work done on Project W-230.
Christensen
4. A RESOLUTION OF THE UTILITY BOARD/CIN COUNCIL OF THE CITY OF AZUSA
Res. 05-C96
ACCEPTING CERTAIN GRANT OF EASEMENT AND DIRECTING THE RECORDING THEREOF.
Grant Esmt
(Northern Transmission Line)
5. A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA
Res. 05-C97
ACCEPTING CERTAIN GRANT EASEMENT AND DIRECTING THE RECORDING THEREOF.
Grant Esmt
(Arrow Partners, LLC.)
6. Approval was given to accept offer by Mr. Samuel Baldon in the amount of $29,568 plus
Sale of strip
$5,000 for lot line adjustment fees in sale of 10 foot strip of land located at 275 W.
Of land 275
Paramount Ave., and authorize Chairperson/Mayor to execute sale of documents.
Paramount
Special Call Items
Spec Call
Items
Discussion was held between Board Members and staff regarding item awarding roofing repair
Roof repair
and three year maintenance service contract for the Light and Water Administrative Building.
&Main Svs
Director of Utilities Hsu detailed the problem behind the issue, stating that the problem is with
Contract
structure not just the roof itself; it's the drainage pitch, when it rains, instead of draining to the
drain hole, it drains to the wall, the pitch wasn't properly built and water accumulates. Further,
the air conditioning vibration, it causes leakage and thus water damage occurs. He stated that
there is a need to redo the structure. He stated that the building contractor has since gone out of
business and the warranty has run out.
Administrative Technician Yang Steven responded to questions regarding the contract for Admin Tech
maintenance, stating there is a five year warranty for labor and manufacturing of the roofing Response to
material provided by the contractor, and a twenty year warranty to repair the leaks due to defects Questions
in material and workmanship. With regard to maintenance he stated that the contractor will come
back every September and inspect the roof, and when they suspect evidence of leakage they will
make a three course permanent repair to any blisters, splits, bridges, and remove any debris and
make sure that all drains are open and closed as intended. They will recoat all repair areas with
white roof coating, check all skylight areas and reset if needed to ensure that they are water tight
and caulk all seams for plastic, copper and metal, and re -caulk all windows and seal all metal
caulk coating joints. He responded to questions regarding the contractor, work to be done, and
building inspection. Board Member Hardison requested to be shown the roofing project and Mr.
Rosales was also invited to the site.
After additional discussion, it was moved by Board Member Hanks, seconded by Board Member Contract
Rocha and unanimously carried to approve the awarding of roofing repair project in the amount of Award Best
$264,312 and a three-year maintenance service contract in the amount of $18,000 to Best Roofing &
Roofing and Waterproofing Inc.; postpone carpet replacement & interior painting projects until Waterproof
next fiscal year, and authorize budget amendment in the amount of $148,870 to cover added Inc.
cost of repair.
10/24/05 PAGE TWO 0 (1
V �5
Scheduled Items
Director of Resource Management Tang presented item regarding request for authorization to
negotiate contract termination or restructuring with Duke Energy for power resource needs. He
detailed the history of the two separate contracts entered into with Duke Energy and stated that
the combination of both contracts equates to 4 million dollars below market as of today. Now,
Duke Energy has announced that they wish to exit the wholesale power merchant business by the
end of next year. They now wish to now liquidate their contracts by a buyout arrangement or to
have contracts transferred to other parties. He stated that he now seeks Board approval for
authorization to negotiate contract termination. After response to question regarding contract
content and protection for City, it was moved by Board Member Hardison, seconded by Board
Member Carrillo and unanimously carried to approve authorization to the Director of Utilities
and/or his designee to negotiate contract termination or restructuring with Duke Energy Merchant
America LLC in accordance with pre -specified parameters.
Staff Reports/Communications
Sched Items
Negotiate
Contract
Termination
w/ Duke
Energy
Staff Rpts
An information item was presented regarding the Pomona Lawsuit stating that on October 12, Pomona
2005, the City received notice that the City of Azusa was dismissed as a defendant in the case of Lawsuit
City of Pomona v. American Olean Tile company. Dismissed
Assistant to the Utilities Director Kalscheuer addressed information item regarding A C. Kalscheuer
B 939 Update and Proposal by Athens Disposal to divert an additional 2,500 tons of waste from AP 939
landfills via an automated residential program. He noted that the service to Rosedale has Athens
generated about 18,000 tons of waste during 12 months which exceeds what residents in Azusa Disposal
generate on an annual basis. He expressed concern that they may not reach the 50% amount of Discussion
diversion rate as required by AP939 for calendar year 2004, but that he would conduct a more
detailed analysis. He then responded to questions regarding Rosedale development and the 6%
growth in waste tonnage, as well as waste diverted. City Manager Delach addressed the issue
detailing the reason Rosedale Development has generating additional tonnage recently. He stated
that they discovered an old dump that was used by Monrovia Nursery and ALR have been
removing the debris via Athens Disposal, but it is now complete. Additional discussion was held
regarding amount of waste being generated, penalty for not reaching the 50% diversion rate and
payment for the new additional barrels.
The Legislative & Regulatory Update was presented, but no discussion was held regarding the Legislative
report. Update
Director of Utilities Hsu responded to questions by Chairperson Chagnon regarding renewable
Pwr Res
resources and internal cross training procedures described in the Monthly Power Resources
Update
Update,
Assistant Director of Customer Care and Solutions Vanca provided an update on the Systems &
K. Vanca
Software Customer Information System, stating that they had a late start on the October billing
Update new
and all personnel is addressing issues that have arose. She then provided an update on the round
Customer
up fund which customers voluntary to enter; they pay bills to the nearest whole figure and
Information
additional money is used for low income families to pay water bills.
System
Director of Utilities Hsu provided an update on the Rosedale project water rights displaying a pie Water Rights
chart and detailing the water right breakdown. He advised that the City's water rights are made For Rosedale
up of three entities, City of Azusa, Azusa Valley and Azusa Agriculture; he detailed. Project
10/24/05 PAGE THREE 0@16
i
Chairperson Chagnon advised that when the City was negotiating with Monrovia Nursery Chagnon
regarding water rights, part of the negotiation was that any water they were going to need for the Comments
development would be provided by them. The City wanted to make sure that existing rate payers
wouldn't have to pay more or that the City would not have to buy replacement water for the
project; the City wanted fiscal neutrality. Additional discussion was held regarding water leakage,
non -metered diversion, etc.
Director's Comments
Dir Com
None. None
Moved by Board Member Hardison, seconded by Board Member Carrillo and unanimously carried Adjourn
to adjourn.
TIME OF ADJOURNMENT: 8:06 P.M.
SECRETARY
NEXT RESOLUTION NO. 05-C98.
10/24/05 PAGE FOUR
607
I
MR
CONSENT CALENDAR
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND
AZUSA CITY COUNCIL
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES�p/
DATE: NOVEMBER 28, 2005
SUBJECT: SALE OF WATER PROPERTY AT 16108 EAST SAN BERNARDINO ROAD, COVINA
RECOMMENDATION
It is recommended that the Azusa Utility Board/City Council adopt the attached resolution:
(1) finding that the public interest and necessity require the sale of public property;
(2) declaring its intent to sell the property located at 16108 E. San Bernardino Road, Covina; and
(3) setting a public hearing date for December 19, 2005, to consider public protests in the sale of
this property pursuant to California Government Code 37421.
BACKGROUND
On July 25, 2005, the Utility Board authorized staff to obtain an appraisal of a 3,050 square foot lot
located at 16108 E. San Bernardino Road in Covina and begin the process to dispose of the
property. The property was acquired by the City when it purchased the Azusa Valley Water
Company in 1996 and was previously used as a water well site. The well has since been destroyed
and the utility has no current or future use of the property. The appraised value of the property is
$1 10,000 and in order to dispose of the property in a public sale, the City must publicly declare its
intent to sell the property and conduct a public hearing to consider any protests. The attached
resolution makes such declaration and sets the public hearing date for December 19, 2005.
FISCAL IMPACT
Sale of the property will likely result in about $110,000 in proceeds to the City's water utility, less
any transaction costs.
Prepared by:
Cary Kalscheuer, Assistant to the Director of Utilities
008
1
RESOLUTION NO. _
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.
AZUSA FINDING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE SALE OF SURPLUS PROPERTY, DECLARING ITS
INTENT TO SELL RESIDENTIAL PROPERTY LOCATED AT 16108
EAST SAN BERNARDINO ROAD (ASSESSOR PARCEL NO.
8435-027-270) . AND SETTING A HEARING DATE FOR
CONSIDERATION OF PROTESTS.
WHEREAS, California Government Code Section 37421 provides that when the
legislative body of a city finds that the public interest and convenience require the sale of
public buildings and sites dedicated to public use, it may adopt a resolution of its finding
and intention to sell such property; and
WHEREAS, the City of Azusa ("City") owns a surplus piece of property containing
approximately 3,050 square feet, generally located at 16108 East San BernardinoRoad,----
Covina,
oad,__Covina, California; and
WHEREAS, the City wishes to declare its intent to sell this surplus piece of property,
fix a time for the hearing of any protests to the sale and fix the time for final action;
and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AZUSA:
SECTION 1. The City Council of the City of Azusa hereby finds that the public
convenience and necessity require the sale of surplus public property generally located at
16108 East San Bernardino Road, Covina, California (Assessor Parcel No. 8435-027-270),
more particularly described in Exhibit "A" attached hereto and made a part of this
resolution. The factors demonstrating that the public convenience and necessity require
the sale include:
1. The surplus property contains approximately 3,050 square feet of Light
Agriculturally zoned property which no longer serves a useful public purpose to
the City of Azusa.
2. Property will better serve the needs of the community in which is located if sold
to private parties and developed for residential, commercial, or charitable uses.
SECTION 2. The City Council of the City of Azusa hereby declares its intent to sell
the property identified in the attached Exhibit "A" and fixes December 19, 2005, at 7:30
p.m. as the time for hearing any protests to the proposed sale and as the final action date.
The hearing will be held in the City of Azusa City Council Chambers located at 213 East
Foothill Avenue, California.
SECTION 3. City staff are hereby directed to publish this resolution at least once in
a daily newspaper prior to the hearing of any protests and to post this resolution for not
less than 10 days in at least three conspicuous places upon the property to be sold.
SECTION 4. The City Council hereby finds and determines that it can be seen with
certainty that there is no possibility that selling this surplus piece of property will have a
significant adverse effect on the environment. Thus, the adoption of this resolution of
intent is exempt from the requirements of the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the CEQA Guidelines. The City Clerk's Office is directed
to file a Notice of Exemption with the County Clerk's Office within five (5) working days of
adoption.
SECTION 5. Effective Date. This Resolution shall become effective upon its
adoption.
PASSED, APPROVED AND ADOPTED this day of , 2005.
Diane Chagnon
Mayor
ATTEST:
Vera Mendoza
City Clerk
APPROVED AS TO FORM:
City Attorney
EXHIBIT A
F-
SB Prop
Description. pdf
010
AZUSA LIGHT & WATER COMPANY
16108 EAST SAN BERNARDINO ROAD
COVINA, CALIFORNIA
SUBJECT PROPERTY
GENERAL:
We were not provided with a title report for the subject property in the course of
this evaluation. It is from the available Public Records, from information
provided us by the Azusa Light and Water, and our property inspection, which
took place on September 15, 2005, where the ownership, legal description and site
descriptions contained herein were obtained. The photographs contained herein
were taken at the time of our property inspection.
OWNER APPARENT/APPRAISED OWNER/ASSESSED OWNER:
Azusa Valley Water Company
c/o Mr. Joseph Hsu
Director of Utilities
Azusa Light and Water
P. O. Box 9500
Azusa, California 91702-9500
(626) 812-5219
SALES HISTORY:
The Los Angeles County Public Records do not indicate the last transfer of flus
property, but we have been led to believe that the Azusa Valley Water Company,
which pre -dates the Azusa Light and Water has owned this property for several
decades.
We are not aware of any other transactions ... past, present or pending, regarding
the subject property.
PROPERTY LOCATION:
16108 East San'Bemardino Road
Covina, California 91722-3924
The subject property is located on the south side of San Bernardino Road, to the
west of Walnuthaven Drive, in Los Angeles County territory just to the west of
the City of Covina western boundary, in the east central part of the San Gabriel
Valley area of the County of Los Angeles, State of California.
17
BOZNANSKI & COMPANY
011
I
PROPERTY. LOCATION (Cont.):
Thomas Brother Guide:
Census Tract No.:
LEGAL DESCRIPTION:
AZUSA LIGHT & WATER COMPANY
16108 EAST SAN BERNARDINO ROAD
COVINA, CALIFORNIA
Page 599; Grid D4 (Los Angeles County - 2005)
4054.00 (Los Angeles County SMSA - 2000)
The subject property is situated in the State of California, County of Los Angeles,
and is described as follows:
A portion of the Rancho La Puente P 1-43-44, as per the Official Records of said
county.
ASSESSOR'S DATA (2004-05):
Assessor's Parcel No.:
_Assessed Values (Full Value):
Tax Rate Area:
Tax Rate:
Taxes:
PHYSICAL DESCRIPTION - LAND:
Shape:
Dimensions:
8435-027-270
Land:
$10,560
Improvements:
$ 4,689
Total:
$15,249
3097
$1.065186 per $100 Assessed Value (2004-05)
$423.73 (2004-05)
These taxes are reflective of the public
agency ownership of this property and are
not representative of open market taxes.
Rectangular (See attached Assessor's Map
for further definition)
33 foot net frontage on San Bernardino
Road and along south property line
91.97 foot uniform depth along east and
west property lines
18
BOZNANSKI &.COMPANY
012
AZUSA LIGHT & WATER COMPANY
16108 EAST SAN BERNARDINO ROAD
COVINA, CALIFORNIA
PHYSICAL DESCRIPTION — LAND (Cont.):
Area Content: 3,050 sf or 0.0700+/- acres
(This area and dimensions are as presented
on the Los Angeles County Assessor's Map
which follows)
Topography: The subject property is flat and level, the
normal amount above street grade.
Soils: We were not provided with a soils report in
the course of this investigation. We assume
that the site's soil conditions are adequate to
allow for full development of the subject site
to its highest and best use. It should be
noted that the immediately adjacent parcels
have been fully developed for many
decades, with no noticeable soils problems.
However, a soils report would have to be
reviewed in order to confirm this:
EPA Superfund
. (CERCLIS):
Hazardous Substances:
No
Unless otherwise stated in this report, the
existence of hazardous substances, including
without limitation asbestos, polychlorinated
biphenyl's, petroleum leakage, . or
agricultural chemicals, which may or may
not be present on the property, . or other
environmental conditions, were not called to
the attention of nor did the appraiser become
aware of such during the appraiser's
inspection. The appraiser has no knowledge
of the existence of such materials nor in the
property unless otherwise stated. The
appraiser, however, is not qualified to
test such substances or conditions. If the
presence of such substances, such as
asbestos, urea formaldehyde foam
insulation, or other hazardous substances or
19
BOZNANSHI & COMPANY
013
AZUSA LIGHT & WATER COMPANY
16108 EAST SAN BERNARDINO ROAD
COVINA, CALIFORNIA
PHYSICAL DESCRIPTION —LAND (Cont.):
environmental conditions, may affect the
value of the property, the value estimated is
predicated on the assumption that there is no
such condition on or in the property or in
such proximity thereto that it would cause a
loss in value. No responsibility is assumed
for any such conditions, nor for any
expertise or engineering knowledge required
to discover them.
Access: The subject property does not have a
vehicular access driveway directly onto San
Bernardino Road, but it does have access via
the Trinity Lutheran Church property
immediately on the west.
Utilities: We have been led to believe that the subject
property has all normal utilities, which are
available in the adjacent public
thoroughfares. Verification is contingent
upon review with the appropriate
government agencies.
Easements: As we have not received a title report, we
are not aware of any easements along or
across the subject property that would
inhibit its highest and best use. A visual
inspection of the site does not reveal such
easements.
Offsite Improvements: The subject property has fully asphalt paved
street, concrete curbs and. gutters
immediately adjacent. However, there are
no sidewalks here.
Flood Hazard: The Federal Emergency Management
Agency (FEMA), through the National
Flood Insurance Program, publishes flood
insurance rates maps. The subject property
20
BOZNANSKI & COMPANY
014
AZUSA LIGHT & WATER COMPANY
16108 EAST SAN BERNARDINO ROAD
COVINA, CALIFORNIA
PHYSICAL DESCRIPTION — LAND (Cont.):
is located in Flood Zone C, which represents
an area determined to be outside a 100 year
flood zone. This is in accordance with
Community -Panel Number 0650430860 B,
dated July 6, 1988.
Earthquake Hazard: The subject property; as well as the entire
city of Covina, is not located within and is
affected by .an Earthquake Fault Zone as
specified by the Alquist-Priolo Earthquake
Fault Zoning Act. However, verification of
specific faults affecting the subject property
await official notification.
PHYSICAL DESCRIPTION - IMPROVEMENTS:
The.entire site (250+ if) is encompassed by a chain link fence, with a 16+ foot
wide chain link gate Other than a thick concrete slab, which formerly housed the
well building, the entire site is dirt covered. There is a hedge of shrubs that
surrounds the east, south and most of the west perimeter of the site. These hedges
rise to a height of approximately eight feet.
ZONING:
Al -6000 (Light Agriculture) as per County of Los Angeles Zoning Ordinance,
Chapter 22.24.070, et al.
This zone permits single family residences, various types of crops, green houses,
and the raising of farm animals. It was originally part of a larger agricultural land
use that is no longer existent in this area.
Minimum site size is. 5,000 A, maximum building height is 35 feet. Properties
developed with single family residences are subject to the same requirements as
the R1 zone. It calls fora front yard setback of 20 feet, a rear yard setback of 15
feet, side yards of 5 feet. For narrow lots the setback shall be 101/6 of the width or
three foot minimum.
21
BOZNANSKI & COMPANY
015
AZUSA LIGHT & WATER COMPANY
16108 EAST SAN BERNARDINO ROAD
COVINA, CALIFORNIA
ZONING (Cont.):
The minimum site area referred to in the above zoning chapter is further defined
in Chapters 22.52. 100 and 22.52.250 of the zoning ordinance, specifically. as it
relates to sites that vary from the minimum site area requirements. It appears
that the areaof a lot which is recorded and which shows a lot area less than the
5, 000 sf minimum is for development purposes is. considered to be a legal lot and
is independently developable. Consequently, the subject lot, at 3,050 sf, which. is
below the minimum site size for this zone appears to fall under this accorded
exemption, and thus would appear to be independently developable. Ultimately,
a development process would have to be permitted through the County.
PRESENT USE AND OCCUPANCY:
At the present time the subject property is vacant and unoccupied. The property
was used in the past as a water well site. The well has not been operational for a
number of years and has recently been destroyed.
HIGHEST AND BEST USE:
Definition
Highest and best use is defined as that reasonable and probable. use that will
support the highest present value, as presently defined, as of the date of the
appraisal. Alternately, it is that use, from among reasonably probable and legal
alternate uses found to be physically possible, appropriately supportive,
financially feasible, and which results in highest land value.
Physically Possible
The subject site, with an area of 3,050 sf in a rectangular pattern. According to
the County. Zone, which calls for a minimum site size of 5,000 sf, although there
are some adjacent properties that are slightly smaller than that, with proper
representation, we believe that this property could be developed with a single
family residence. The site is unusual in that it does not have a sidewalk but it
shares those characteristics with two adjacent properties. This site is a pre-
existing non -conforming site in that regard and we would argue that it should be
maintained in this condition in perpetuity.
Legally Permissible
The subject is located within the Al -6000 zone, which permits single family
residential uses. There are no other uses, either commercial or agricultural in this
immediate area, except for the 3+ acre church property, which borders the subject
on the west and south.
22
BOZNANSKI & COMPANY
016
AZUSA LIGHT & WATER COMPANY
16108 EAST SAN BERNARDINO ROAD
COVINA, CALIFORNIA
HIGHEST AND BEST USE (Cont.):
Financially Feasible
Pending review of a title report and verification of the availability of utilities, we
believe that this site is feasible to be developed with two single family residences.
However, this process could take a considerable period of time to obtain the
proper permits.
Highest and Best Use - "As Though Vacant Land"
We conclude that the subject property as vacant land has its highest and best use
for residential purposes. As discussed in the previous Zoning section, it appears
that the subject site, at 3,050 sf, while below the minimum established by the zone
can be independently developed because of the approved map: Analyzing the
setback requirements, the subject lot has a sufficient width and depth to satisfy
front, rear and side yard setbacks, and to leave 1,538 sf in the middle of the site
available for independent development for residential purposes. Also, this parcel
could be joined with the adjacent church property to the west and south.
Highest. and Best Use — "As Improved"
The remnants of the former well site are not considered to be functional or usable
and would be anticipated to be removed prior to the -ultimate development of this
site.
23'
BOZNANSKI & COMPANY
017
A—,.,00 _ v, a
A. Q a E a 2 a 000
DLL¢xDl- AI -6, �wY �.
AI -6,000 z AI.6,000 AI -6,000 - Y
z
AI `- I-6000 ph6,000
L- - _ RI -5
A FC 0 O
O � FCFxt x
MF -25 AI -6,000 ,f '? AI -6,000 R47500
�P <s$� AI -6,000 @ a a a a AI -6,000
c rf- a Rl.tap R3 '^
MN MMARRINO - O � ¢
r`
o
O
rc AI -6,000 0 0 _ o o 0 0 4 0 o rs
RI RI ,p m$ �RII a /u /O sn ,ri b G2t
>1 R3 RI Ri RI ra l a < a a a a a '"^- x! /
Q G Q Aa z
nl Ri Y��� ':IYYin .,,w;` � RI NC•. i �� '-t#>
73
ST a -mill sx ..
x
cp`'�Cq r;2n o $ g'O RI RA -7,000 RI ftl RI c.
w
Qh -; 1 a M1 N r s O0 y
RI
s[ RI
e R3 RI RI ¢ ¢ RI I o . " o' RA -7,000 ^ S 8 RI
Q� I ReNGEN ss. ,a r a �,L_
________� RI RA RI ¢ I RI RI
�`,p InLwLoo ar _ - ,n RI i 'RI ¢ RI SERI
Rp ¢ - - ¢ Q RI wat.l :RIRI C RI ¢rc RRI
RI
LVE I P RI RI
'v IP/WVl
/ +a t,Rl R I R I a R I <eR"
OS
M uvl ¢
RI _ RI ¢ — IRI
RL RI powu
_ ¢ mx
9/ RI RI I RL ¢ ¢ ¢ ¢ Al" "e. ftl i fll
RI _ - RI � RI RI RI
RI RI n x RIL RI RI N RI �' RA RI xwevn RI RI RI
RA mon nnnrF i RI 10 _ RI
o5__ RI TM¢I
¢ RI
e,
/x"`_ -a '` P� tl� J RI RI QFC nowrF _ rc z ¢ lW. sr.
t� scnouc � _ I _ ¢ RII RI
YRI RI L__ ¢ rc ¢ RI
V RI
¢,
RI ¢ RI RI RI
Q-
RI RI
` tcxol.
ly t Q` ¢ ¢ RI ¢ RI z'¢ RI RI
,P ` •` Qp ";ate }� P`� ¢ MF -45 n Q rc ¢ c W s RI RI
91 F MF -25 —
MF -25 ¢ a R
AREA ZONING MAP a R I @ ¢
OS�i� io -
16108 E. SAN BERNARDINO ROAD FRs wpr =F
R—R COVINA, CALIFORNIA (r x _
G ......-._C r •_� ���..711.�.ff.�„�.� a .T� .. � _... ,v � .-.. c
N5
P.A. 6435-27
Y�
1998
COPYRinnl I iiiikn
W
32
X
s srso�ss�E
-1
0
apW
P G
..
26
1'W.
>I
p>
o>
.,c
m
I>
m
8
m
q SAN BERNARDINO
RD
g
�-
Z
TRACT NO
2986C'l'yA;
' SEE 0[1All
RANCHO LA PUENTE
c
t I P 1-43-44
26
M B
32
— 7
s srso�ss�E
P G
7w2p
26
o>
.,c
m
m
ASSESSOR'S MAP
16105 E. SAN BERNARDINO ROAD
COVINA, CALIFORNIA
X
PG
28
SAN BERNARDINO
RD f
RANC
F
3 uusr,
�sa,wsr �
N EI!IO�Y.
I�
DETAIL
NO SCALE
SUBJECT PROPERTY
16108 EAST SAN BERNARDINO RAOD
COVINA, CALIFORNIA
View south across San Bernardino Road at the fenced subject property. The paved area
on the right belongs to the adjacent church.
across San Bernardino Road at the fenced subject property.
021
4�j 4 ��� � r� r`~• t _p
SUBJECT PROPERTY
16108 EAST SAN BERNARDINO RAOD
COVINA, CALIFORNIA
Close-up view of the west side of the subject property showing its concrete pad and other
site improvements.
023
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES
DATE: NOVEMBER 28 2005.
SUBJECT: APPROVAL OF TERMINATION OF BUREAU OF RECLAMATION CONTRACT NO.
7-07-30-P1022
RECOMMENDATION
It is recommended that the Utility Board/City Council approve the termination of Bureau of
Reclamation contract No. 7-07-30-P1022 for the upgrading of Hoover Power Plant as all the
terms, conditions and upgrade work have been completed, and authorize the Mayor to
execute the agreement.
BACKGROUND
In 1987, the City along with other Hoover Power Plant contractors (Contractors) advanced
moneys to the US Bureau of Reclamation (Bureau), the operator of Hoover Dam, to upgrade
the Hoover Power Plant to generate additional electricity for sale to Contractors. The Bureau
of Reclamation Contract No. 7-07-30-P1022 memorialized the terms, conditions, and the
upgrade work the Bureau was obligated to undertake.
Concurrently, the Contractors entered into individual 30 -year electric service contracts with
the US Western Area Power Administration (Western), the federal power marketing agency for
Hoover power, to purchase power from Hoover Power Plant. The electric service contracts
with Western specified the terms and conditions of the power purchase from Hoover Power
Plant including the provisions for repayment of the money advances plus interest made by the
Contractors to upgrade the Hoover Power Plant over the term of the electric service
contracts. The electric service contract between the City and Western is Contract No. DE-
MS65-86WP39575.
The Bureau completed the upgrade work in the mid 1990s and the Contractors reviewed and
audited all the expenditures related to the upgrade work. At this time the Bureau is seeking
the Contractors' consent to the termination of Contract No. 7-07-30-P1022 as all the terms
and conditions pursuant to it have been fulfilled. This termination will have no impact to the
electric service contract between the City and Western for the purchase of power from
Hoover or the repayment of moneys advanced by the City with interest for the upgrade work.
024
Staff has reviewed the letter of termination and has found it acceptable for execution.
FISCAL IMPACT
The termination of this contract is ministerial in nature and has no fiscal impact to the City.
Prepared by: Bob Tang, Assistant Director of Resource Management
fLi
TeminationMureau
RedanetionContract.
025
i
United States Department of the Interior
BUREAU OF RECLAMATION
TAKE PRIDl
E"
Lower Colorado Regional Office MAMERICAs
P.O. Box 61470
IN REPLY REFFR TO: Boulder City, NV 99006-1470
BCOO-4821
PRJ-18.00 NOV 01 2005
CERTIFIED — RETURN RECEIPT REQUESTED - RECEIVED
Honorable Diane Chagnon Nov — 8 2005
Mayor of Azusa A76A LIGHT & WIN
213 E. Foothill Boulevard
Azusa, CA 91702
Subject: Termination of Bureau of Reclamation Contract No. 7-07-30-P1022; The Advance of
Funds for the Uprating Program at Hoover Powerplant (Uprating Contract)
Dear Mayor Chagnon:
On October 27, 2003, the original of the enclosed letter requesting concurrence to terminate the
subject Uprating Contract was.sent to your office via certified mail. To date, Reclamation has
received no response.
Please acknowledge your concurrence to terminate the above-mentioned Uprating Contract
No. 7-07-30-P1022 by signing below and returning this original to the above address, attention to
BC00-4821, retaining a copy for your records. Your concurrence to terminate the Uprating
Contract will have no effect on your electric service Contract No. DE-MS65-86WP39575 with
Western Area Power Administration.
For further information, please contact Ms. Ellen Rush at 702-293-8101.
Sincerely, �7
� 'Gpo
Re ert W. Johnson
Regional Director
Enclosure
Accepted and agreed to this day of 2005.
BY
Title
026
SMg14T OF ACr'
4 United States Department of the Interior
8
BUREAU OF RECLAMATION
11 ] >aa° Lower Colorado Regional Office
P.O. Boz 61470
IN REPLY REFER TO: Boulder City. NV 89006-1470
BCOO-4821
PRJ-18.00 OCT 2 7 2003
CERTIFIED - RETURN RECEIPT REQUESTED
Mayor Cristina Cruz -Madrid
City of Azusa
213 E. Foothill Boulevard
Azusa, CA 91702
Subject: Termination of Bureau of Reclamation (Reclamation) Contract No. 7-07-30-P1022;
The Advance of Funds for the Uprating Program at Hoover Powerplant (Uprating
Contract)
Dear Mayor Cruz -Madrid:
Reclamation requests your concurrence to terminate the subject Uprating Contract. From our
perspective, all terms and conditions have been satisfied. A substantial completion letter,
` enclosed, sent on December 8, 1995, and a letter informing the Parties how the remaining funds
t\' would be distributed, enclosed, sent on July 31, 2002 satisfies Section 3 and Articles 5.8, 5.10,
and 6 of the Uprating Contract. All other Hoover Uprating Contractors will be notified in this
same manner regarding the termination of their respective Uprating Contract.
Please acknowledge your concurrence to terminate the above-mentioned Uprating Contract
No. 7-07-30-P1022 by signing below and returning the original to the above address, Attention:
BCOO-4821, retaining a copy for your records. Your concurrence will have no effect on your
electric service Contract No. DE-MS65-86WP39575 with Western Area Power Administration.
Please direct questions and/or comments regarding this Uprating Contract to Mrs. Ellen Rush
at 702-293-8101.
Sincerely,
ACTTnC AOR �"L l Lir k -u-13
Robert W.J ohnson
Regional Director
Enclosures - 2
027
LC -4825
PRJ-18.00 ,�R' n
1995
Mr. Kenneth J. DeDario
Director of Light and Power
City of Vernon
4305 Sante Fe Avenue
Vernon CA 90058
Subject: Notice of Substantial Completion
Dear Mr. DeDario:
In accordance with Section 5.8 of Contract No. 7-07-30-P1029 for the Advance of
Funds for the Uprating Program at Hoover Powerplant, this is the notification that
the uprating program is substantially complete as of September 30, 1995. The
total cost for the Uprating Program is estimated to be $168,739,113.10. Through
the end of fiscal year 1995, a cumulative total of $165,455,467.12 has been
expended. This includes $2,304,441.71 expended during Fiscal Year 1995.
Funding for the Uprating Program, as of September 30, 1995, consists of advances
received from the Uprating Program Contractors amounting to $153,500,003.92, plus
,_$15,147,109.18 from the replacement reserve account (this was the balance
remaining at the end of the first contract period ending May 31, 1987) for a total
of $168,647,113.10.
The difference between the funds received and the funds expended through the end
of fiscal year 1995, is $3,191,645.98 ($168,647,113.10-$165,455,467.12). Of this
amount, $690,073.89 was obligated during fiscal year 1995, leaving an unobligated
balance of $2,501,572.09, which will be applied toward fiscal. year 1996 uprating
expenditures.
The work remaining to be accomplished during fiscal year 1996 includes completion
of the Hoover -Mead Consolidation, and completion of the Programmable Master
Supervisory Control. In addition, there are several miscellaneous work items
which include: acceptance testing, contract closeout, 2 -year inspections, 5 -year
inspections, and various noncontract costs.
The Bureau of Reclamation has requested an additional $400,000 advance for fiscal
Year 1996. Approximately $92;000 of this advance is required to cover the
remaining uprating expenditures which are not currently advanced (the difference
between the estimated total of $168,739,113.10 and the total funds received of
$168,647,113.10). This willleave a balance of $308,000 for at contingency fund to
cover possible unanticipated expenditures. A schedule for the fiscal year 1996
advances was sent to all Uprating Contractors on September 28, 1995. The schedule.
indicates that $400,000 will be provided during second quarter of the fiscal year.
I
a
No additional funds will be required to complete the Uprating Program and any
remaining funds will be returned to the Uprating Program Contractors based on
established percentages.
Sincerely,
iibert W. Johnson
Acting Regional Director
cc: Mr. Northcutt Ely Mr. Malvin Ware
Special Counsel Chief Power Marketing
Los Angeles Department of Administrator
Water and Power Colorado River Commission of Nevada
300 East State Street 1515 East Tropicana, Suite 400
Suite 460 Mail Room Complex
Redlands CA 92373 Las Vegas NV 89158
Mr. Dean Isa
Electrical Engineer
City of Los Angeles
Department of Water and Power
PO Box 111, Room 1236
Los Angeles CA 90051-0100
Mr. Ned Shamo
Electrical Distribution
Superintendent
City of Boulder City
PO Box 61350
Boulder City NV 89006
Ms. Deborah A. LeVine
Principal Engineer
Metropolitan Water District of
Southern California
PO Box 54153, Terminal Annex
Los Angeles CA 90054
Mr. Hermann F. Huettemeyer
Special Contract Manager
Southern California
Edison Company
PO Box 800
Rosemead CA 91770
Mr. David Luttrell
Consultant
Colorado River Commission
of Nevada
8881 East Sutton Drive
Scottsdale AZ 85260
Mr. James P. Bartlett
Legal Counsel
Arizona Power Authority
Paragon Plaze,: Suite B-215
5333 North 7th Street
Phoenix AZ 85014
Mr. Donald J. Esgar
Customer Services and Contracts Manager
Arizona.Power Authoirty
PO Box 6708
Phoenix AZ 85005
Mr. Charles Patrick
Southern California Public Power
Authority
PO Box 111, Room 1104
Los Angeles CA 90051-0100
Mr. C. Jack Lano
Senior Management Auditor
City of Anaheim
200 South Anaheim Boulevard
Anaheim CA 92803
Mr. Alan Reed Watts
Attorney
Rourke, -Woodruff, & Spradlin
701 South Parker Street, Suite 7000
Orange CA 92668
`' M
Mr..Bob Tang
Manager, Integrated
Resource Planning
City of Azusa, Light and
Power Department
PO Box 9500
Azusa CA 91702-9500
Mr. Bruno Jeider
Power System Manager
City of Burbank
Public Service Department
PO Boz 631
Burbank CA 91503-0631
Mr. Tommy Wu
Power Management Administrator
City of Glendale
141 North Glendale Avenue
4th Level
Glendale CA 91206-4496
Mr. Tyler Carlson
Regional Manager
Western Area Power Administration
PO Box 6457
Phoenix AZ 85005
Mr. Tony Montoya
Assistant Regional Manager
Engineering and Construction
Western Area Power Administration
PO Box 6457
Phoenix AZ 85005
Ms. Gloria Jordan
Public Utilities Specialist
Western Area Power Administration
PO Box 6457
Phoenix AZ 85005
Mr. Rich Greenwalt
Power Supply Supervisor
City of Riverside
3900 Main Street
Riverside CA 92522
Mr. David Fitzsimons
City of Vernon
2440 South Hacienda Blvd.
Suite 223
Hacienda Heights CA 91745
Mr. Richard Sweeney
Project Engineer
City of Vernon
City Hall
4305 Santa Fe Avenue
Vernon CA 90058
*Letters.sent to 15 people on attached list
bc: Area Manager, Boulder City NV
Attention: LCD -1000, LCD -1100
3
05
3213
4800
4821
4822
4824
030
Mr. Eldon Cotton
Assistant General
Manager, Power
Los Angeles Department of
Water and Power
PO Box 111, Room 1155
Los Angeles CA 90051
Contract No. DE-MS65-86WP39582
City Manager
City of Boulder City
PO Box 61350
Boulder City NV 89006
Contract No. DE-MS65-86WP39577
General Manager
Metropolitan Water District
of Southern California
PO Box 54153, Terminal Annex
Los Angeles CA 90054
Contract No. DE-MS65-86WP39583
Chairman and Chief
Executive Officer
Southern California Edison
PO Box 800
Rosemead CA 91770
Contract No. DE-MS65-86WP39586
Mr. Douglas Beatty
Financial Management Chief
Colorado River Commission
of Nevada
State Mailroom Complex
Las Vegas NV 89158-4490
Contract No. 7-07-30-P1020
Mr. Mark Mitchell
Executive Director
Arizona Power Authority
PO Box 6708
Phoenix PZ 85005
Contract No. 7-07-30-P1019
Mr. Brian J. Brady
Assistant General Manager
Power Resources
City of Anaheim
PO Box 3222
Anaheim CA 92803
Contract No. 7-07-30-P1021
Mr. Joseph F. Hsu
Director of Utilities
City of Azusa
PO Box 9500
Azusa CA 9I702
Contract No. 7-07-3041022
Mr. Terry Collins
Electric Utilities Director
City of Banning
PO Box 998
Banning CA 92220
Contract No. 7-07-30-P1023
Mr. Ronald V. Stassi
General Manager
City of Burbank
Public Service Department
PO Box 631
Burbank CA 91503
Contract No. 7-07-30-P1024
Mr. Gale A. Drews
Electric Utility Director.
City of Colton, Colton Electric
650 North La Cadena Drive
Colton CA 92324
Contract No. 7-07-30-P1025
Mr. Bernard V. Palk, P.E.
Director of Public Services
City of Glendale
141 North Glendale Avenue
4th Level
Glendale CA 91206-4496
Contract No. 7-07-30-Pi026
Mr. Henry C. Lee
Assistant General Manager
Power Systems
Pasadena Water and Power Department
150 South Los Robles, Suite 200
Pasadena CA 91101
Contract No. 7-07-3041027
Mr. Brian G. Thomas
Assistant Director
City of Riverside
Public Utilities Department
3900 Main Street
Riverside CA 92522
Contract No. 7-07-30-P1028
Mr. Kenneth J. DeDario
Director of Light and Power
City of Vernon
4305 Sante Fe Avenue
Vernon CA 90058
Contract No. 7-07-30-P1029
031
JUL 31 2002
LC -7059
PRJ-1.10
Ms. Gloria Jordan
Western Area Power Administration.
Desert Southwest Customer Service Region
P.O. Box 6457,
Phoenix, Arizona 85005-6457
Subject: Hoover Powerplant Uprating Program Advancement of Funds
OFFICIAL FILE Copy
DATE I SURN4;E CODE
Classification•i 1 ,�
Project
Control No... _ I
The Bureau of Reclamation (Reclamation) received advancement of funds for the upr� i&Dfk4e Hoover .
Powerplant from eleven of its fifteen power contractors. The total amount available for the uprating was
$169,047,112.39. Reclamation funded $15,147,109.18 from its 1987 carryover for replacement reserve
and $153,900,003.21 was from the advanced funds received. The total project cost was $168,129,698.45,
leaving a balance of $917,413.94 in the advancement of funds account. The remaining funds are being
distributed to the power contractors according to the original percentages of advances received. Please
see the enclosed schedule for the percentage rates and amounts refunded. As a result of this, Western
Area Power Administration will need to recalculate their power repayment study to reflect the changes.
If you have any questions, please call Stacey Schamp at 702-293-8543.
Sincerely,
CLARK A. NEWBM
Clark A. Newby, Jr.
Deputy Financial Manager
Financial Management Office
Enclosure
cc: See Attached List
be: Area Manager
Attention: LCD. -1000, BCOO-1000
Daily
7000 Chron
wbr: ssehamp: jhp:293-8543:7-26-02
m:\jeannetie\finance\stacey\wapa.doe
032
City of Anaheim
Attention: Billing Department
201 South Anaheim Blvd., Suite 802
Anaheim, California 92805
City of Azusa
Attention: Billing Department
P.O. Box 9500
Azusa,'California 91702-9500
City of Burbank
Attention: Public Service Department
P.O. Box 631
Burbank, California 91503
City of Colton
Attention: Nitin Modi, Electrical Engineer Manager
650 North La Cadena Drive
Colton, California 92324
City of Pasadena
Attention: Water and Power Department'
45 East Glenarm Avenue
Pasadena, California 91105 -3418 -
City of Riverside
Attention: Barb Grillo
2911 Adams Street
Riverside, California 92504
Arizona Power Authority
State of Arizona
Attention. Billing Department
1810 West Adams Street
Phoenix, Arizona 85007
City .ofBanning .
Attention: Director of Public Utilities
Director of Public Utilities
P.O. Box 998
Banning, California 92220
Colorado River Commission of Nevada
Attention: Billing Department
555 East Washington Avenue, Suite 3100
Las Vegas, Nevada 89101
033
.City of Glendale
Attention: Glendale Pubplic Service Department
141 North Glendale Avenue, 4th Level
Glendale, California 91206-4496
City of Vernon.
Attention: City Administrator
4305 Santa Fe Avenue
Vernon, California 90058
Jack D. Murray
Western Area Power Administration
Desert Southwest Customer Service Region
P.O. Box 6457
Phoenix, Arizona 85005-6457
City of Boulder City
Attention: Finance Office
P.O. Box 367
Boulder City, Nevada 89005
City of Los Angeles
Accounts Payable Business Unit
Attention: Hammi Barron
P.O. Box 51212, Room 424
Los Angeles, California 90051-5511
Metropolitian Water District
Attention: John Lambeck, Power Resources —US -9118
P.O. Box 54153
Los Angeles, California 90054-0153
Southern California Edison
Energy Supply and Marketing Dept.
Attention: Nataliya Smolich
2244 Walnut Grove Avenue
GO -1 Quad 1C
Rosemead, California 91770
PARTICIPANTS IN HOOVER UPRATING PROGRAM
REFUND OF MONEY DUE
AS OF MAY 31, 2002
PARTICIPANT
%-1
AMOUNT
APA
37.3758%
342,890.79
CRC
37.3758%
342,890.79
ANAHEIM
7.9523%
72,955.52
AZUSA
0.7952%
7,295.28
BANNING
0.3976%
3,647.64
BURBANK
2.9821%
27,358.20
COLTON
0.5964%
5,471.46
RIVERSIDE
5.9642%
54,716.40
GLENDALE
0.3976%
3,647.64
PASADENA
1.7893%
16,415.29
VERNON
4.3737%
40,124.93
TOTAL
100.00000/6
917 413.94
1- Percentages used per appendix nine of
Section 6.5 of the implementation agreement
dated June 1996
035
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES
DATE: NOVEMBER 28, 2005
SUBJECT: PROFORMA WHOLESALE POWER RESOURCE AGREEMENT
RECOMMENDATION
It is recommended that the Utility Board/City Council approve the Netting Agreement
between PacifiCorp Power Marketing and Azusa and authorize the Mayor to execute the
- agreement upon the preparation of execution copies. - -
BACKGROUND
The City has entered into various pro -forma enabling agreements in the past several years for
the purchase and sale of wholesale electricity, and among them is the Western Systems
Power Pool (WSPP) multi-party enabling agreement. PacifiCorp Power Marketing or PPM is a
party to this agreement.
Wholesale power market participants are becoming increasingly cognizant of the need to
complement/revise certain terms and conditions of these pro -forma enabling agreements, and
the attached agreement is intended to clarify each party's payment obligations. Payment
obligations are to be calculated and enforced on a net basis, i.e., net of both purchases and
sales so that the party owing money will pay the net amount of money owed. This provision is
important in order to reduce each party's financial exposure in case of counterparty's default.
Staff has reviewed the proposed agreement and has found them acceptable; therefore staff is
hereby recommending the execution of the agreement.
FISCAL IMPACT
No fiscal impact as a result of the actions taken in this agenda item is anticipated.
Prepared by: Richard Torres, Power Resources Coordinator
®.
PPM WSPP in lieu of
Exhibit A. doc
0.3 6.
NETTING AGREEMENT
This Netting Agreement is entered into pursuant to Section 28.2 of the Western Systems
Power Pool Agreement, as amended (the "Agreement'; initially capitalized terms used and not
otherwise defined herein are defined in the Agreement), to which PPM Energy, Inc., an Oregon
corporation and ("Counterparty") are Parties. PPM Energy, Inc. and Counterparty agree
to net payments under the Agreement as follows:
If either Party owes the other amounts on a payment due date under one or more
Confirmation Agreements, then such amounts will be aggregated and the Party owing the
greater aggregate amount will pay the other Party the positive difference on the payment
due date. Each Party reserves to itself all rights, set -offs, counterclaims, and other
remedies and defenses arising out of the Agreement or otherwise. All outstanding
payment obligations between the Parties, arising under any one or more of the
Agreement, Confirmation Agreements, WSPP Service Schedules A, B, and C, or Service
Agreements entered into in connection therewith (including payment obligations to be
netted pursuant hereto) form a single integrated agreement between the Parties, and shall
be subject to set off and recoupment.
Nothing in this Netting Agreement shall require either Party to execute Exhibit A to the WSPP
Agreement; nor shall either Party's obligations with respect to payments to or from other users of
the WSPP Agreement be affected by such Party entering into this Netting Agreement.
PPM Energy, Inc.
By
By
Its
Its
Date
Date
037
CONSENT CALENDAR
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD
AND AZUSA CITY COUNCIL
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES/Z1r
DATE: NOVEMBER 28, 2005
SUBJECT: AB 939 COMPLIANCE / WASTE DIVERSION SHORTFALL FOR 2004
RECOMMENDATION
It is recommended that the Azusa Utility Board/City Council authorize staff to solicit proposals
from qualified consultants to review the reasonableness of rates to be submitted by Athens
Services for new recycling programs.
BACKGROUND
The California Integrated Waste Management Act of 1989, more commonly referred to as "AB
939," requires cities to divert 50% of their solid waste from landfills beginning January 1,
2000. In order to meet this goal, Azusa adopted a contract with Athens Services in October
2000, which requires Athens to divert or recover 13,000 tons of materials on an annual basis
from the waste Athens collects in Azusa.
Athens accomplishes its contract required waste diversion target by hand picking recyclables
from mixed waste at Athens' Material Recovery Facility or MRF, located in the City of Industry.
All of Azusa's solid waste, including mixed recyclables, is taken to the MRF, including waste
collected from single family residential units, multifamily residential units, and retail,
commercial and industrial customers. The program is comprehensive in that it provides
recycling services to all waste generators.
At the last Utility Board meeting staff reported that it appeared that the City may fall short of
meeting the 50% waste diversion rate for 2004 due to growth in the amount of waste
disposed of from Azusa, and fact that Athens is only required to divert a fixed number of tons
from year to year. The current estimated diversion rate for 2004 is 47%, and staff is currently
reviewing disposal data from different landfills to see if errors exist in the reported tonnage
and if so, to have the tonnage removed from our total.
i .,
At this time, staff does not expect to find errors totaling a reduction of approximately 3,000
tons, a figure believed necessary for the City to reach the 50% diversion rate. Out of concern
for waste stream growth earlier this year, staff requested a proposal from Athens in July 2005.
The proposal received in October 2005, did not appear to be the most cost effective to staff
and so on November 10, 2005, staff issued the attached letter to Athens. It requests Athens
to:
1. Divert more tons through the MRF at no additional cost to the City
2. Provide a cost proposal on a three container residential recycling program
3. Provide proposal on how Azusa might send more tons to the Commerce Refuse to
Energy Facility
4. Comment on idea of having third party recycling contractors operate in the City
These inquiries were posed to Athens in order to address concerns with the current contract
and to reduce long term costs on ratepayers. (See attached letter for details). A response
from Athens was requested by December 12, 2005, and staff would like the authority to
solicit proposals from qualified consultants to evaluate the reasonableness of the proposals
submitted by Athens Services in response to the above request.
The intent of a third party professional review is to assess the cost bases and pros and cons
for each proposal. We would expect the consultant to be familiar with industry standard
service delivery practices and costs, have experience in cost of service studies for refuse
collection and recycling services, including contract terms beneficial to cities, as well as an
awareness of rates and rate structures being used in numerous other cities in Southern
California.
FISCAL IMPACT
A professional review of Athens' proposed rate changes will likely cost anywhere from
$10,000 to $20,000. Funding for such a study would come from our AB 939 fund, #28-40-
750-065-0000, and a budget amendment will be processed if this review is deemed
necessary.
Prepared by:
Cary Kalscheuer, Assistant to the Director of Utilities
I!.
AthensLetter111005
.pdf
039
City o f Azusa
AZUSA
LIGHT k WATER
For Quality of Lift
November 10, 2005
Mr. Dennis Chiappetta
Executive Vice President
Athens Services
14048 Valley Blvd.
City of Industry, CA 91716-0009
Dear Mr. Chiappetta,
This letter is in follow up to your proposal of October 17, 2005, for a two container automated
residential collection system and proposal for an organics collection route.
First, in reviewing data included in the State Disposal Reporting System, it appears that Azusa
will fall short of the 50% diversion rate for 2004. We estimate that our diversion rate will be
about 47% for calendar year 2004 unless significant errors are found in the data. We are
reviewing disposal data now and seeking corrections at this time, however, we do not expect to
find errors totaling 3,000 tons—the tonnage reduction likely required to reach a 50% diversion
rate.
Hence, Azusa has a need to divert additional waste beyond the contract required 13,000 tons and
would appreciate your input and responses on the following inquiries:
1 Athens Willingness to Divert More Tons
As you know, the contract between the City and Athens requires Athens to divert 13,000 tons
annually. This amount was believed sufficient for Azusa to reach the 50% diversion rate, and
proved credible for calendar years 2001, 2002, and 2003. However, due to recent growth trends,
additional waste diversion is required beyond the 13,000 tons to keep the City above the 50%
waste diversion rate required by state law.
The intent of our Franchise Agreement was that MRF processing would be adequate for Azusa to
reach the 50% diversion rate, and Athens even agreed to indemnify the City against potential
fines. However, the indemnity clause only applies if Athens fails to divert 13,000 tons AND the
City falls short of meeting the 50% diversion rate. In our current situation, it now appears that
the City can fall under 50% even though Athens may divert 13,000 tons. In this case, the
contract is inadequate to comply with state law and the indemnity clause exposes the City to
potential liability.
Azusa Light & Water 729 N. Azusa Avenue P. O. Box 9500 Azusa, California 91702
6261812-5208 (phone) 6261334-3163 (fax) www.azusalw.com (web) information@azusalw.com (e-mail)
040
Page 2
Concern about having a fixed diversion obligation in the contract while the City grows over time
was expressed by the City during contract negotiations. The City suggested previously that
Athens' diversion obligation increase in proportion to the growth in the waste stream. For
example, year 2004 tonnage increased 12.7% over year 2001 tonnage. Applying the 12.7%
growth factor to the 13,000 tons, would have resulted in an additional 1,651 tons of diversion
obligation for Athens in 2004 under this scenario.
Is Athens, at no additional cost, willing to amend the contract to allow your waste diversion
obligation to be adjusted annually based on the percentage increase in overall tons collected?
2. Cost Proposal for Three Barrel System
The MRF rate has gone from $45.46 per ton at the start of our contract, to $53.79 per ton on July
1, 2005, and will be at $55.11 per ton on January 1, 2006. By processing all of the waste
collected from residential barrel customers, about 12,450 tons require MRF processing. This
will cost residential barrel customers about $686,112 next year.
If a two barrel automated program is implemented as you propose, it appears that MRF
processing costs will be reduced by about $88,220 --if 2,000 tons of yard waste is diverted at
curbside and bypasses the MRF. However, the two barrel program would still result in about
10,000+ tons going to the MRF. Rather than process this much mixed waste at the MRF rate of
$55.11 per ton, we would like to see a proposal from you calling for residents to separate
recyclables into a third barrel at curbside. We would expect recyclables commingled into one
barrel to have a positive dollar value at the MRF. hi this case, the non -recyclable portion of the
waste stream could be hauled directly to the Puente Hills landfill.
Please provide a proposal on a three barrel automated collection system similar to the service
you provide to the City of Covina and discuss the pros and cons of such a system compared to
the two barrel system you proposed in October.
3. Increase Tons to Commerce Refuse to Energy Facility
The City is allowed by law to ship up to 10% of its waste generation to the Commerce Refuse to
Energy Facility. Based on preliminary numbers for 2004, this would equate to about 9,800 tons
annually. Further, the City would receive a diversion credit for nearly all the tonnage sent to
Commerce. Rates vary depending on the waste type shipped to Commerce, but worse case is
currently $47 per ton for refuse.
By shipping refuse to Commerce it appears that the cost to divert one ton of waste is about $47
vs. $204 at the MRF ($55.11 / 27% diversion rate = $204), not including additional
transportation costs to Commerce.
Given ongoing cost increases for MRF processing, we are very interested in a proposal from
Athens on how Azusa can send additional waste to the Commerce Refuse to Energy Facility and
possibly reduce the tons going to the MRF.
041
Page 3
4 Source Separated Commercial Recycling Programs
Some combination of the above suggested program alternatives should be more than adequate to
get Azusa additional waste diversion and reach the 50% diversion goal. However, another idea
is that of promoting the services of third party independent recyclers in the City of Azusa.
Azusa agreed not to proactively promote third party recycling services since the MRF program
was believed to be fully adequate to get us to 50% and maintain Azusa at this diversion rate. for
many years to come. However, this has not proved to be case and to the extent the contract
limits the City in achieving more waste diversion, the idea is put forth that it may be necessary
for the City to promote third party recycling services.
The City welcomes your comments on this option.
Since we are now approaching calendar year 2006, it would be very helpful to have your
proposals in response to the above inquiries by December 12, 2005. Staff will be seeking Utility
Board approval in November to possibly retain a consultant to assist the City to evaluate your
proposals.
If you have any questions, feel free to call me at (626) 812-5174.
Sincerely,
Cary Kalscheuer
Assistant to the Director of Utilities
cc: Fran M. Delach, City Manager
Joseph F. Hsu, Director of Utilities
042
i
CONSENT CALENDAR
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD
AND AZUSA CITY COUNCIL
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES
DATE: NOVEMBER 28, 2005
SUBJECT: ELECTRIC COST OF SERVICE STUDY
RECOMMENDATION
It is recommended that the Utility Board/City Council authorize staff to issue a Request for
Proposals (RFP) for a cost of service study for electric services.
BACKGROUND
In the past several years, Azusa Light & Water has adjusted electric rates by forecasting costs
and then applying a percentage increase to rates "across-the-board" to all customer classes in
an amount sufficient to meet forecasts. This simple approach distributes forecasted costs
evenly amongst all customer classes, however, does not consider the actual cost to serve the
various customer classes, e.g., residential, commercial and industrial. Also, the past process
has not examined how effective the existing rate schedule is at encouraging energy
conservation.
Cost of service studies are an electric industry standard practice and are conducted
periodically in order to allocate costs, fairly amongst different customer classes. For instance,
some customers may be more responsible than others for causing the City to reach peak
energy demand, and therefore, perhaps, should bear more of the higher peak demand energy
costs. Cost of service studies can also review the rate schedule and suggest changes to
provide incentives to customers who want to conserve energy. In order to develop proposed
changes that may be considered by the Utility Board, staff requests authorization to release
an RFP for a cost of service study for the electric utility.
FISCAL IMPACT
Cost of service studies range from $20,000 to $30,000 and the final amount would be based
on responses to the City's RFP. Once proposals are received, one will be brought back to the
Utility Board for consideration and approval.
Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities
043
11101111111h dw��
CONSENT CALENDAR
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD
AND AZUSA CITY COUNCIL
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIEST�
DATE: NOVEMBER 28, 2005
SUBJECT: RATIFICATION OF CHANGE ORDER WITH PACIFIC TECHNICAL RESOURCES
REGARDING CONTRACT FOR RELAY SETTINGS AT KIRKWALL SUBSTATION
RECOMMENDATION
It is recommended that the Azusa Utility Board/City Council approve a change order with
Pacific Technical Resources in the amount not -to -exceed $17,659 for additional work
regarding relay settings at the Kirkwall Substation.
BACKGROUND
In September 2005, the Utility Board approved in concept a contract with Pacific Technical
Resources (PTR) in the amount of $10,812 to improve the operation of relays at the Kirkwall
Substation. Relays are devices which sense unsafe. disturbances or faults on electric lines, and
then send a signal to a circuit breaker to open or close that line or circuit. The relay settings
determine the sequence of how and when the circuit breaker ought to be opened or closed,
thereby isolating and clearing fault disturbances. Staff was urged by the Board to move
quickly to make improvements in the relays and the contract with PTR was executed in
October.
There were 14 relays (primary and backup) that needed to be tested after programming the
new settings. During testing of the relays, each of the affected lines was temporarily taken
out of service one circuit breaker at a time. During this process, additional work was
identified which was not covered in the original scope of work with PTR. This extra work
involved verifying the internal logic of each relay to make sure that the desired timing of the
new settings operated as desired. Staff issued a temporary stop order to the contractor on
November 7 in order to consider the additional cost of the extra work --$17,659, and evaluate
the need for such work. Staff determined that the work was necessary and that going out to
bid was impractical since work was "in -progress" by PTR. Hence, on November 9, staff issued
a change order to PTR's contract which required PTR to verify the internal logic of the relays.
All work was completed by PTR on November 16, 2005. Pursuant to City's purchasing
policies and procedures (AMC Section 2-517, 2-511 G) and in accordance with the terms and
conditions of the signed Contract Agreement, staff is seeking ratification of the approved
change order in the amount of $17,659.
FISCAL IMPACT
Original contract amount approved in September $10,812
Change order amount issued on November 91" $17,659
Revised total contract as completed $28,471
This maintenance project has been budgeted under Electric Division Operating Budget
account 33-40-735-920-6493 and adequate funds are available to cover total revised
contract amount.
Prepared by:
F. Langit Jr. Electric Engineer
�2_
Pac ficTechResource
s111605.pdf
045
November 16, 2005
Mr. Federico Langit Jr.
Azusa Light & Water
729 North Azusa Avenue
Azusa, California 91702
Mr. Langit,
Thank you for considering Pacific Technical Resources, Inc. (PTR) and The Power
Consultants of Glendora.
Attached is an field change order (FCO) for the amount of $17,659.00 for the additional
work completed by our test technician Joe Beery and the additional work completed by
Bill Borgardt as you listed in your e-mail note dated November 8, 2005.
The amounts indicated below are broken down as follows:
l) Additional work to address problems with relay logic $ 7,220
2) Additional time to test relays and complete work $10,439
The total FCO amount is: $17,659.00
It is our practice to deliver to the client what is requested and agreed upon and to provide
technical guidance in our field of expertise. We believe with our contract language, your
personal involvement with the project and frequent communications those objectives
were met.
PTR would also like to offer system training classes, setting of protective relays and
electrical maintenance services should Azusa Water & Power have a future need.
We thank you for the opportunity to support your needs. If you have any questions
concerning our proposal please contact me directly at 714-223-9111 or 714-223-9110 or
Don Curry at 626-641-6061.
Sincerely f�
Walter J. B or III
President
Pacific Technical Resources, Inc.
2902 East Imperial Highway • Brea, CA 92821 • (714) 223-9111 phone • (714) 2239112 fax 046
PLEASE RETURN YOUR ACCEPTANCE VIA FAX TO (714) 223-9112
Azusa Light and Water Quotation: FC0111605-001
Accepted by:
Name:
Date:
Title:
P.O. / Release #:
Power Resources Division Monthly Report
■ Power Resource Update
■ Energy Market Update
■ Power Consumption Comparison
■ Wholesale Market Trend
■ Power Resource Budget Update
Power Resource Update
■ Continued the participation in Southern California Public Power
Authorit s (SCPPA) second renewable energy Request for Proposal
(RFP). xpressed an interest to contract for three MWs of local landfill
gas project output. If successfully negotiated, the total renewable energy
procurement by the City will be about 17% of retail sales, and thus
substantially in compliance with the state's goal of 20% renewable by
2010
■ Continued to actively participate in the California Independent System
_....Operator_(CAISO) market redesign process. Staff is taking the leadership
role on some issues affecting the municipal utilities: muni Resource
Adequacy (RA) program and Congestion Revenue Rights (CRR)
program. Intense negotiations among the munis and CAISO continue and
expected to last until CAISO filed new FERC tariff by mid December 05
■ Commenced preparation to assess the technological needs to interface
with the CAISO computer systems in preparation for the CAISO market
redesign changes
■ Continued contract "unwinding" discussions with Duke Energy. Duke
intends to transfer the long term contract with the City to a third party
which may happen in the next few months
■ Attended utility retail rate design training in preparation for conducting
cost of service studies of electric utility retail rates
■ Partially completed the power resource optimization for the first quarter of
2006. Will complete the optimization in the next few weeks and
commence preparation
UK
Energy Market Update
■ The natural gas market and electricity market are
under selling pressures as of late, losing about 20%
of value for the next twelve months amid much mild
weather at the start of heating season. However, the
general energy price levels are still twice of historical
norms
■ However, the Gulf Coast energy production has not
fully recovered from the hurricane activities. About
half of the natural gas production capability is still
offline, representing 9% of US production capability
■ Staff intends to take the relatively calm market now to
complete the near term optimization of City's power
resource portfolio in the next few weeks
050
PEAK. DEMAND M MW
.�
051
CITY OF AZUSA ENERGY CONSUMPTION COMPARISON
2NERGY lXM51,b'PTIONIN
ANJH _
... i ,...,,.. PERCEM
MJNR7.
FV 0445
_. _
FV05-06 CHNJGE
JIL
.... 25756_
{ 25839 032% ..
...
_.
ALG-
25342..
.... 26756. _. 559%
_.- SEP
.. 25,213_
_ 22725 967%
...
..._ OCT
- NOV
9813
DEC..
20328
JAN
20127
. FEB
. _...... 17998
{ ___ ... .......
t
MDR_.
19762.....
I
. APR
- 19519.-
..
MAY,
21440
__ ..._.. _. ._ .�
...j _.
JLN
21.204
....
-
.....,
-
_ TOTAL
258.0[5
97,06B
CITY OF AZUSA PEAK DEMAND COMPARISON
_...j ._ y..
...
PER[.. EN T ��
MONRi
i
i FY0is-05 FY -06
CHANGE
_JUL.'-'-"
564
190%.
AUG.56.9
..I _._57,4.
SEP _......
.. 582 T.,...._...I '- 54.9 y
565_% ,
..
OCT
......NGJ
450 48.0
.366
649%
.�.
DEC
357
.-.JAN __.....
35.6
FEB
335
MAR
� 34.8
_.
PEAK. DEMAND M MW
.�
051
WHOLESALE ELECTRICITY SPOT MARKET
PRICES IN CALIFORNIA
AVERAGE
SEP04
AVERAGE
�..._ .. _NOVO _._. _.
',
...,.�. ...
---..._........_
.....
�... JAN 05
$47.80
. __
FEBO5
$47.79 _..
.._ $3787
:..-. MAR 05 ,t.
)....___
$38,22 -..
_ _...
APR 66 �.
.$'?:�
$53.80
$4023 .....
_ ......
MAY05 i.....
$49.30$3117..._._
..
.. ...._ JUN O5
$53.35.---
$30.81
JUL 05. i
$69.44. .. .......
$43.14....._. .
..
I ... AUG O5 L....
-...
$76.80... ...I
$54.14 ..
SEP 05 `
.
$84.09. ........ i _
$64.96_ --.
OCT O5
$_69.57 _... -- I
$71.27. .. -.
.ALL PRICES IN$IMWH
052
Power Resource Cost Accounting
FY '04-05'
053
l
INFORMATIONAL ITEM
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD
AND AZUSA CITY COUNCIL
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES
DATE: NOVEMBER 28, 2005
SUBJECT: UPCOMING UTILITY EVENTS / CONFERENCES
Following utility related upcoming events are highlighted for your consideration:
California Municipal Utility Association's (CMUA) Capitol Day in Sacramento, January
30, 2006. This is a briefing on upcoming legislative agenda for electric and water
utilities. Includes visits to state representatives' offices in the afternoon, and a
reception for legislators in evening.
• American Public Power Association (APPA) winter conference, February 28, 2006 to
March 3, 2006, in Washington D. C. Includes briefing on federal legislative issues and
then visit with our congressional representatives and possibly Federal Energy
Regulatory Commissioners or staff.
• CMUA Annual Conference, March15, 2006 to March 17, 2006, in Napa, California.
This conference is geared for policy makers and usually includes different breakout and
joint sessions on various public utility related issues.
If you are interested in attending any of these events, please contact Liza Cawte at 812-5171.
Prepared by:
Cary I(alscheuer, Assistant to the Director of Utilities
It
CMUA Cap Day. doc
054
November, 2005
TO: Legislative Cominittee, Heads of Utilities & Elected Officials
FROM: Marcie Edwards, CMUA President; Allen Short, CMUA Vice President;
& Lauren Hamlin, Legislative Committee Chairperson
SUBJECT: CMUA's Capitol Day — Monday, January 30, 2006
Legislative Briefing, Legislative Visits, President & Vice President's Reception
Legislative Briefing
CMUA's Legislative Briefing provides an opportunity for every member utility manager, staff and
local elected official to learn from key legislative staff what water and energy issues will be considered in
the second year of this two year session (200512006 Legislative Session). The briefing will be held at the
Hyatt Regency Sacramento (1209 L Street) beginning at 10:30 a.m. through lunch, Monday, January 30,
2006.
Legislative Visits & Reception
Please schedule appointments to meet with your legislators and their staff the afternoon of
January 30'" and invite them to the President & Vice President's Reception planned for that evening at the
Chops Steakhouse (1117 11" Street) 5:00-6:30 p.m. Because of FPPC regulations, these personal
invitations cannot come from CMUA staff. Formal invitations will be mailed in December from the
President and Vice President of the Association to the Legislature. Please keep CMUA informed of who
you invite to the reception Monday evening.
Agenda
Legislative Briefing, Visits, President & Vice President's Reception
Monday — January 30'"
10:30 -Noon , Briefing with Legislative Staff on Water & Energy Issues (Hyatt)
Noon Lunch (Hyatt)
1:30-5:00 Capitol Visits
5:00-6:30 Legislative Reception (Chops Steakhouse)
Register
To register for the 2006 Legislative Briefing, Visits & President's Reception please return the
following form to CMUA with your registration fee of $100 per person (for briefing, lunch and/or reception).
You may also access this information on our web site: www.cmua.org
Need a Hotel Room?
CMUA has NOT made arrangements for sleeping rooms. The closest hotels to the meeting and
reception are: Hyatt Regency Sacramento 916-443-1234 (1209 L Street, 95814) or Sheraton Grand
Sacramento 916-447-1700 (1230 J Street, 95814). Be sure to book early to get a government rate.
Transportation to and from the airport can be arranged by contacting Super Shuttle (800-258-3826).
055
CMUA'S CAPITOL DAY —MONDAY, JANUARY 30, 2006
LEGISLATIVE BRIEFING, LEGISLATIVE VISITS & PRESIDENT & VICE PRESIDENT'S RECEPTION
HYATT REGENCY SACRAMENTO & CHOPS STEAKHOUSE
Registration
Agenda
Legislative Briefing, Visits, President & Vice President's Reception
Monday — January 30'h
10:30 -Noon Briefing with Legislative Staff on Water & Energy Issues (Hyatt)
Noon Lunch (Hyatt)
1:30-5:00 Capitol Visits
5:00-6:30 Legislative Reception (Chops Steakhouse)
Please return this form with your registration fee of $100 per person (for briefing, lunch and/or
reception)to:
California Municipal Utilities Association
915 L Street Suite 1460
Sacramento CA 95814-3705
Questions: Contact Ann Linnekens or Monique Zavalza at CMUA.
(Please complete one form per individual)
Name (for badge) Title
1/tility Telephone Fax
Email
Please keep CMUA informed of who you invite to the Legislative Reception, 5:00-6:30 p.m. at the Chops
Steakhouse (1117 1I'h Street).
Please let us know which events you plan to attend
(The registration fee is $100 for one or all events):
Morning Briefing
Lunch
Reception
CMUA has NOT made arrangements for sleeping rooms. If you require a sleeping room please contact
one of these hotels directly: Hyatt Regency Sacramento 916-443-1234 (1209 L Street, 95814) or
Sheraton Grand Sacramento 916-447-1700 (1230 J Street, 95814). Transportation to and from the airport
can be arranged by contacting Super Shuttle (800-258-3826).
Registration information may also be accessed on our web site www.cmua.org
0,56
TO:
FROM:
DATE:
SUBJECT:
INFORMATIONAL ITEM
HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD
AND AZUSA CITY COUNCIL
JOSEPH F. HSU, DIRECTOR OF UTILITIES /, �
NOVEMBER 28, 2005
CMUA'S 2005 LEGISLATIVE REPORT
Attached for your information is the California Municipal Utilities Association's 2005
Legislative Report.
Prepared by:
Cary Kalscheuer, Assistant to the Director of Utilities
-1a
.,
CMUA's Leg
Report.pdf
057
California
w. .
.,,o�,���°' Municipal Utilities
Associati®n
2005 LEGISLATIVE REPORT
TABLE OF CONTENTS
PRESIDENT'S MESSAGE
3
LEGEND
4
A KEY TO CMUA POSITIONS
5
CMUA LEGISLATIVE POLICY
6
STANDING COMMITTEE ABBREVIATIONS
7
ASSEMBLY BILLS
8
SENATE BILLS
28
STATISTICAL INFORMATION
44
2005 Legislative Report 2
Legislative Session 20052006
059
President's Message
Dear CMUA Members:
This report contains
summaries of the legislation
monitored or lobbied by CMUA
during the first year of the two-
year 2005-2006 legislative
session. CMUA continued to be
very successful on many major
issues, primarily because of the
time and effort invested by each
member agency in developing
policy and educating your
respective state representatives
on the critical policy issues of
the day.
The legislative session
started strong with the
introduction of several bills
dealing directly with energy and
water issues, such as
transmission corridors,
community choice aggregation,
CALFED funding, delta levee
funding and encroachment
protections, water use
measurement and reporting,
eminent domain, renewable
resource requirements and a
proposal from the Governor to
reorganize California's water
and energy agencies. The
session ended, however, with
very few energy and water bills
reaching the Governor's desk,
including the Governor's
Million Solar Roofs Initiative
SB 1, which was stranded in the
Assembly after the Senate
adjourned a day early. SB 820
(Kuehl), which revamped urban
and agricultural water
management plans and called
for increased reporting of
groundwater usage was vetoed
by the Governor. On a positive
note, AB 1723, the CMUA-
sponsored bill allowing
municipal utilities to file load
forecasts with the Energy
Commission that include
estimates for annexed load, is on
the Governor's desk. This bill, if
passed, would help minimize
potential future exit fees.
In addition to its work on
legislative matters, CMUA also
spent a great deal of time
working with administrative
agencies on a variety of issues,
as well as several Federal
Energy Regulatory Commission
and California Independent
System Operator issues.
I thank all CMUA members
for the support they have given
the Association over the past
year. Looking to the future, we
can be sure of considerable
ongoing legislative activity
affecting public water, power
and gas utilities. Our maximum
effort must always be to focus
on the best interests of the
millions of customer/owners that
we serve communities, large and
small, across our great state.
Sincerely,
Marcie L. Edwards
President
M1
Legend
Bili Legend
AB
Assembly Bill
ACA
Assembly Constitutional Amendment
AJR
Assembly Joint Resolution
SB
Senate Bill
SCA
Senate Constitutional Amendment
SJR
Senate Joint Resolution
Status Legend
Chaptered
Bill is signed into law. Takes effect January 151.
Vetoed
Bill is vetoed by the Governor.
Fiscal
Measure contains an appropriation of funds or
requires a state agency to incur additional expense.
Fiscal bills must be heard by the Assembly and
Senate Appropriations Committees in addition to the
policy committees in each house.
Urgency
Requires 2/3 vote, becomes law immediately upon
being chaptered.
Interim Study
Subject matter of Interim Legislative Hearings. May
be reintroduced the second year of the Legislative
Session.
Location
Bill was neither chaptered nor vetoed but remains in a
Committee, Inactive File, In Conference, Desk, 20d or
3`d Reading and died at that place in the process.
They can still be heard in the second year of the
2005/2006 Legislative Session, either because they
were two year bills or because they were granted
reconsideration.
Position Legend
Support
Bill supported by CMUA
Support/Amend
Bill supported if amended to satisfy CMUA
Oppose
Bill opposed by CMUA
Oppose/Amend
Bill opposed unless amended to resolve our concerns
Watch
Bill has no direct impact on CMUA, subject area
warrants keeping close track of amendments
Favor
Agree with concept
Not Favor
Oppose concept
2005 Legislative Report
Legislative Session 2005-2006
A Key to CMUA Positions
Support
We support the bill and its concept in its current form. It is always possible that the bill
will be amended in response to someone else's concern in such a way that we will
change our position.
Support/Amend
Generally the bill is not harmful to us in its current form but we would support the bill if it
was amended in response to our suggestions. While, this position is normally used
when the bill is currently of neutral impact, we may sometimes use this position when
we are actually opposing the bill but want to send a gentler message to the Author.
Oppose
We are opposed to the bill in its current form. This position is usually adopted when we
do not believe it is possible to amend the bill in such a way as to make it acceptable.
Even so, such bills can and are amended in such a fashion as to remove our opposition.
Oppose/Amend - We are opposed to the bill unless it is amended to resolve our concerns. The bill in its
current form is quite harmful, but could be amended to resolve our concerns. In general
if our proposed amendments are adopted we would revert to a "neutral" or watch
position
Watch
The bill has no direct impact (or little impact) on CMUA members but is in a subject area
that warrants CMUA keeping close track of amendments as the bill progresses. This
position is used synonymously with "neutral" and we will often switch from an "oppose'
to "watch" position if our amendments are accepted.
Favor
When asked we will indicate that we like the idea of the bull, but it is not of significant
enough impact for us to actively lobby for the bill.
Not Favor
Indicates a general opposition to the concept of the bill, but the bill does not warrant
active lobbying in opposition
2005 Legislative Report 5
Legislative Session 2005-2006
062
CMUA Legislative Policy
CMUA to oppose or support bills of mutual interest or concern on the basis of
a consensus position developed by the Legislative Committee.
Legislation which adversely affects one or more CMUA memberfs but has no
material impact on other CMUA members will be supported or opposed on
behalf of those members unless there is an overriding policy issue involved.
On those bills where there is no consensus and sharp policy differences
between CMUA members or bills that would fit into category 2 above, except
for an overriding policy issue, CMUA will remain neutral.
4. Any member of the Association may appeal the position adopted on any bill to
the CMUA Board of Governor's which will be the final arbitrator of CMUA
policy on legislation.
*Adopted by CMUA Board of Govemors, 1990
2005 Legislative Report
Legislative Session 2005-2006
III
Standing Committee Abbreviations
Senate Committees
Agriculture & Water Resources.......................................................................
Appropriations.................................................................................................
Banking, Commerce & International Trade ................................................
Budget& Fiscal Review..................................................................................
Business & Professions..................................................................................
Constitutional Amendments.............................................................................
Education.........................................................................................................
Elections & Reapportionment...........................................................................
Energy, Utilities & Communications.................................................................
EnvironmentalQuality.......................................................................................
Governmental Organization.............................................................................
Health & Human Services.................................................................................
Housing & Community Development...............................................................
Insurance..........................................................................................................
Judiciary...........................................................................................................
Labor & Industrial Relations..............................................................................
LegislativeEthics..............................................................................................
Local Government.............................................................................................
Natural Resources & Wildlife...........................................................................
Privacy..............................................................................................................
Public Employment & Retirement.....................................................................
PublicSafety.....................................................................................................
Revenue & Taxation.........................................................................................
Rules.............................................................:_ _..-_..
...................................................
Transportation..................................................................................................
VeteransAffairs...............................................................................................
Assembly Committees
Aging & Long -Term Care............................................................................
Agriculture..................................................................................................
Appropriations............................................................................................
Arts, Entertainment, Sports, Tourism & Internet Media ..............................
Banking& Finance.....................................................................................
Budget........................................................................................................
Business & Professions..............................................................................
Education....................................................................................................
Elections, Reapportionment & Constitutional Amendments .......................
Energy Costs & Availability........................................................................
Environmental Safety & Toxic Material ...... ............................ :...................
Governmental Organization.......................................................................
Health..........................................................................................................
HigherEducation........................................................................................
Housing & Community Development.........................................................
HumanServices..........................................................................................
Insurance....................................................................................................
Jobs, Economics Development & the Economy .........................................
Judiciary.....................................................................................................
Labor& Employment.................................................................................
LocalGovernment......................................................................................
NaturalResources.....................................................................................
Public Employees, Retirement & Social Security .........................................
PublicSafety................................................................................................
Revenue & Taxation....................................................................................
Rules............................................................................................................
Transportation.............................................................................................
Utilities& Commerce..................................................................................
VeteransAffairs ...........................................................................................
Water. Parks & Wildlife................................................................................
2005 Legislative Report
Legislative Session 20052006
................................................ Agr&W atRes
............................................................. Appr
.......................................................... BC&IT
............................................... P E & R
........................................... PubSafe
.......................................... Rev&Tax
.......... I. I......................................RIs ---
.......... ..................................... Trans
.................................................... VA
ASSEMBLY BILLS
CA AB 32
Greenhouse Gas Emissions
AUTHOR: Pavley [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 12/06/2004
LAST AMEND: 08/15/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Environmental Quality
Committee
SUMMARY: Revises the functions and duties of
the California Climate Action Registry. Requires
the registry, in coordination with the California
Environmental Protection Agency and the State
Energy Resources Conservation and
Development Commission, to adopt specified
procedures and protocols monitoring,
estimating, calculating, reporting and certifying
greenhouse gas emission resulting from
specified industrial sectors. Enacts the
California Climate Act of 2006 to institute a cap
on greenhouse gas emissions.
STATUS:
08/15/2005 From SENATE Committee on
ENVIRONMENTAL QUALITY with author's
amendments.
08/15/2005 In SENATE. Read second
time and amended. Re-referred to Committee
on ENVIRONMENTAL QUALITY.
POSITION: WATCH
CA AB 177
Solid Waste: Biomass Conversion:
Transformation
AUTHOR: Bogh [R]
INTRODUCED: 01/24/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Natural Resources
Committee
SUMMARY: Relates to the California Integrated
Waste Management Act of 1989. Revises the
definition of biomass conversion to mean the
controlled combustion, thermal conversion,
chemical conversion, or biological conversion,
other than composting, of biomass waste used
for producing electricity, heat, or a reconstituted
product that meets the quality standards for use
in the marketplace. Defines the term "biomass
waste". Revises the definition of transformation
to mean the incineration of mixed solid waste.
STATUS:
01/31/2005 To ASSEMBLY Committee on
2004 Final Legislative Report
Legislative Session 2003-2004
ASSEMBLY
NATURAL RESOURCES.
POSITION: WATCH
CA AB 194
Brown Act Violations: Remedy
AUTHOR: Dymally [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 01/27/2005
LAST AMEND: 04/07/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Local Government
Committee
SUMMARY: Permits the District Attorney or any
interested person to commence an action by
declaratory relief for a violation of the Brown
Act. Reduces the time period that the District
Attorney or interested person has to make a
written demand of the legislative body to cure or
correct an alleged violation prior to
commencement of a legal action to within 60
days from the date the action was taken.
STATUS:
05/04/2005 In ASSEMBLY Committee on
LOCAL GOVERNMENT: Not heard.
POSITION: WATCH
CA AB 194
Brown Act Violations: Remedy
AUTHOR: Dymally (D)
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 01/27/2005
LAST AMEND: 04/07/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Local Government
Committee
SUMMARY:
Permits the District Attorney or any interested
person to commence an action by declaratory
relief for a violation of the Brown Act. Reduces
the time period that the District Attorney or
interested person has to make a written demand
of the legislative body to cure or correct an
alleged violation prior to commencement of a
legal action to within 60 days from the date the
action was taken.
STATUS:
05/04/2005 In ASSEMBLY Committee on
LOCAL GOVERNMENT: Not heard.
POSITION: WATCH
065
CA AB 200
Renewable Energy Resources: Portfolio
Standard Program
AUTHOR: Leslie [R]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 01/31/2005
ENACTED: 07/18/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 50
SUMMARY: Relates to the California
Renewables Portfolio Standard Program.
Adopts certain modifications to the renewables
portfolio standard program that are applicable
only to an electrical corporation with 60,000 or
fewer customer accounts in the state that
serves retail end-use customers outside
California.
STATUS:
07/18/2005 Signed by GOVERNOR.
07/18/2005 Chaptered by Secretary of
State. Chapter No. 50
POSITION: WATCH
CA AB 290
California Waterworks Standards
AUTHOR: Leslie [R]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/09/2005
LAST AMEND: 04/19/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Appropriations
Committee
SUMMARY: Amends the Safe Drinking Water
Act. Requires the Department of Health
Services, in consultation with a study
committee, to undertake a 5 -year study of
methodologies used to determine water source
capacities in hard -rock wells in order to
determine the techniques for conducting pump
tests and evaluating data that will result in the
most accurate and cost-effective prediction of
long-term well capacity.
STATUS:
05/25/2005 In ASSEMBLY Committee on
APPROPRIATIONS: Heard, remains in
Committee.
POSITION: WATCH
CA AB 342
Perchlorate Fee
AUTHOR: Baca [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
2005 Legislative Report
Legislative Session 20052006
ASSEMBLY
INTRODUCED: 02/10/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Declares the intent of the Legislature to enact
legislation that would authorize the Department
of Toxic Substances Control to assess a fee on
products that contain perchlorate and to expand
those funds to treat drinking water wells
contaminated with perchlorate.
STATUS:
02/10/2005 INTRODUCED.
POSITION: WATCH
CA AB 343
Utility User Taxes: Exemption
AUTHOR: Huff [R]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/10/2005
LAST AMEND: 03/29/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Revenue and Taxation
Committee
SUMMARY: --
Exempts from any utility user tax imposed by
any jurisdiction the consumption of natural gas
by a local agency or a school district for
transportation purposes if that natural gas is
dispensed by a gas compressor that is
separately metered and is dedicated to serve
the local agency or the school district.
STATUS:
06/08/2005 In SENATE Committee on
REVENUE AND TAXATION: Failed passage.
06/08/2005 In SENATE Committee on
REVENUE AND TAXATION: Reconsideration
granted.
POSITION: WATCH
CA AB 353
Public Resources
AUTHOR: La Malfa [R]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/10/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Revises the Public Resources Code by making
technical changes to its provisions and deleting
obsolete dates and report requirements.
STATUS:
02/10/2005 INTRODUCED.
POSITION: WATCH
066
CA AB 362
Administrative Proceedings
AUTHOR: Aghazarian [R]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/11 /2005
LAST AMEND: 06/08/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Environmental Quality
Committee
SUMMARY:
Deletes provisions requiring the State Water
Resources Control Board to provide guidance to
the regional boards in matters of procedure and
to review the boards' public participation
procedures. Provides that all persons shall have
equal procedural rights and be afforded equal
treatment in all proceedings conducted pursuant
to the Water Quality Control Act.
STATUS:
06/08/2005 From SENATE Committee on
ENVIRONMENTAL QUALITY with author's
amendments.
06/08/2005 In SENATE. Read second
time and amended. Re-referred to Committee
on ENVIRONMENTAL QUALITY.
POSITION: SUPPORT
CA AB 371
Water Recycling
AUTHOR: Goldberg [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/11/2005
LAST AMEND: 08/30/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Inactive File
SUMMARY:
Requires the Water Resources Control Board,
for the purpose of establishing the amount of a
fee that may be imposed upon any publicly
owned treatment works, to structure the fee
schedule to provide incentives to maximize
water recycling. Requires the Department of
Water Resources to adopt and submit to the
Building Standards Commission specified
regulations of the Uniform Plumbing Code to
provide design standards to safely plumb
buildings with both potable and recycled water
systems.
STATUS:
08/30/2005 In SENATE. Read second
time and amended. To third reading.
08/30/2005 In SENATE. To Inactive File.
POSITION: WATCH
2005 Legislative Report
Legislative Session 20052006
ASSEMBLY
CA AB 374
Water Replenishment Districts: Assessment
AUTHOR: Bermudez [D]
INTRODUCED: 02/11/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Makes a technical, nonsubstantive change to a
provision of the Water Replenishment District
Act requiring a producer to pay a water
replenishment assessment.
STATUS:
02/11/2005 INTRODUCED.
POSITION: WATCH
CA AB 380
Electrical Restructuring: Resource
Adequacy
AUTHOR: Nunez (D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/11/2005
ENACTED: 09/29/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 367
SUMMARY:
Requires the Public Utilities Commission, in
consultation with the Independent System
Operator, to establish resource adequacy
requirements for load -serving entities. Requires
each entity to maintain physical generating
capacity adequate to meet its load requirements
including peak demands and reserves. Relates
to the requirements of each local publicly owned
electric utility regarding reserves, peak demand
and service plans. Requires certain information
from utilities to the Energy Commission.
STATUS:
09/29/2005 Signed by GOVERNOR.
09/29/2005 Chaptered by Secretary of
State. Chapter No. 367
POSITION: SUPPORT
CA AB 400
CEQA: Environmental Impact Reports:
Energy Facilities
AUTHOR: Gordon [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/15/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Declares the intent of the Legislature to
streamline the process for obtaining an
10
�i
environmental impact report on a project in
order to expedite the construction of new
renewable energy facilities or repower existing
renewable energy facilities.
STATUS:
02/15/2005 INTRODUCED.
POSITION: WATCH
CA AB 495
Waste Discharge Requirements: Penalties
AUTHOR: Montanez [D]
INTRODUCED: 02/16/2005
ENACTED: 08/30/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 145
SUMMARY:
Redefines effluent limitation under the
Porter -Cologne Water Quality Control Act that
provides a penalty for a violation of a toxicity
effluent limitation, to mean a numeric or
narratively expressed narrative restriction, on
the quantity, discharge rate, concentration or
toxicity units of a pollutant or pollutants that may
be discharged from an authorized location.
STATUS:
08/30/2005 Signed by GOVERNOR.
08/30/2005 Chaptered by Secretary of
State. Chapter No. 145
POSITION: WATCH
CA AB 501
Water Supply Assessments
AUTHOR: La Malfa [R]
INTRODUCED: 02/16/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Revises existing provisions of law relating to
water supply planning to require a city or county
that undertakes an environmental restoration
project, wildlife restoration project, or
conservation easement transfer, to identify any
public water system that is, or may become a
supplier of water for that project, and to
determine if the water requirements of the
project are included as part of a specified urban
water management plan.
STATUS:
02/16/2005 INTRODUCED.
POSITION: WATCH
CA AB 515
State Water Project: Solar Photovoltaic
Panels
AUTHOR: Richman [R]
2005 Legislative Report
Legislative Session 2006-2006
ASSEMBLY
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/16/2005
ENACTED: 09/29/2005
DISPOSITION: Enacted
LOCATION:. Chaptered
CHAPTER: 368
SUMMARY:
Authorizes the Department of Water Resources
to establish a program to authorize private
entities to lease space above or adjacent to
appropriate conveyance facilities of the State
Water Project for the purposes of installing solar
photovoltaic panels and related systems for the
generation and transfer of electricity. Requires
the evaluation of proposals for installing solar
photovoltaic panels with related systems.
Requires a proposal to include an engineering
study of the proposed panels and systems.
STATUS:
09/29/2005 Signed by GOVERNOR.
09/29/2005 Chaptered by Secretary of
State. Chapter No. 368
POSITION: WATCH
CA AB 553
Public Works: Overtime Compensation
AUTHOR: La Suer [R]
INTRODUCED: 02/16/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Labor and
Employment Committee
SUMMARY:
Relates to overtime compensation on public
works projects. Modifies the existing
requirement to pay employees overtime
compensation for work in excess of 8 hours per
day, or 40 hours per week, by exempting from
that requirement overtime compensation to an
employee working an alternative workweek
schedule upon the proposal of an employer to
an employee working an alternative workweek
schedule adopted pursuant to a collective
bargaining agreement.
STATUS:
04/20/2005 In ASSEMBLY Committee on
LABOR AND EMPLOYMENT: Failed passage.
04/20/2005 In ASSEMBLY Committee on
LABOR AND EMPLOYMENT: Reconsideration
granted.
POSITION: WATCH
CA AB 573
Construction Contracts: Indemnity
AUTHOR: Wolk [D]
FISCAL COMMITTEE: no
11
URGENCY CLAUSE: no
INTRODUCED: 02/16/2005
LAST AMEND: 04/28/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Rules Committee
SUMMARY:
States the intent the Legislature to enact
legislation governing the use of indemnification
and additional -insured provisions in construction
contracts with respect to construction defect
disputes.
STATUS:
05/19/2005 To SENATE Committee on
RULES.
POSITION: OPPOSE
CA AB 579
Groundwater
AUTHOR: Emmerson [R]
INTRODUCED: 02/16/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Makes a technical, nonsubstantive change to
existing law that declares that groundwater is a
valuable natural resource and should be
managed to ensure its safe production and its
quality.
STATUS:
02/16/2005 INTRODUCED.
POSITION: WATCH
CA AB 580
Water Conveyance Facilities
AUTHOR: Emmerson [R]
INTRODUCED: 02/16/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Relates to use of a water conveyance facility
that has unused capacity. Makes technical,
nonsubstantive changes to that provision.
STATUS:
02/16/2005 INTRODUCED.
POSITION: WATCH
CA AB 612
Powerplants: Labor Agreements
AUTHOR: Houston [R]
INTRODUCED: 02/17/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Declares the intent of the Legislature to enact
legislation that would prohibit the negotiation
and settlement of a project labor agreement
2005 Legislative Report
Legislative Session 20052006
ASSEMBLY
from being used as a means to obstruct, or
otherwise delay, the processing and approval of
a permit to operate a power generation facility in
the state.
STATUS:
02/17/2005 INTRODUCED.
POSITION: WATCH
CA AB 644
CEQA: Public Agencies
AUTHOR: Houston [R]
INTRODUCED: 02/17/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Makes a technical, nonsubstantive change in
provisions of CEQA that requires a public
agency to prepare an environmental impact
report on a project.
STATUS:
02/17/2005 INTRODUCED.
POSITION: WATCH
CA AB 645
Tide and Submerged Lands: Coastal
Sanctuary: Wells
AUTHOR: Houston [R]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/17/2005
LAST AMEND: 04/28/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Natural Resources
Committee
SUMMARY:
Relates to existing law that requires an
apportion to each city or county having specified
tide and submerged lands a percentage of
revenues paid to the state from oil and gases
leases with the city or country and from
revenues derived from the production of oil, gas
and other hydrocarbons from a tidewater lease
and provides an exemption thereto. Provides an
additional exemption thereto. Allows oil and gas
leasees to engage in adopting and operating
under a cooperative or unit plan for slant drilled
wells.
STATUS:
04/28/2005 To ASSEMBLY Committee on
NATURAL RESOURCES.
04/28/2005 From ASSEMBLY Committee
on NATURAL RESOURCES with author's
amendments.
04/28/2005 In ASSEMBLY. Read second
time and amended. Re-referred to Committee
on NATURAL RESOURCES.
12
R&
POSITION: WATCH
CA AB 650
Electrical Restructuring: Aggregation
AUTHOR: Cogdill [R]
INTRODUCED: 02/17/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Utilities and
Commerce Committee
SUMMARY:
Authorizes certain irrigation districts and
municipal utility districts to act as community
choice aggregators. Provides procedures for a
city or county to opt out of a community choice
aggregation program proposed by an irrigation
district or a municipal utility district.
STATUS:
04/04/2005 In ASSEMBLY Committee on
UTILITIES AND COMMERCE: Not heard.
POSITION: OPPOSE
CA AB 672
Reservoirs with Water Intended for Domestic
Use
AUTHOR: Klehs [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/17/2005
VETOED: 10/07/2005
DISPOSITION: Vetoed
LOCATION: Vetoed
SUMMARY:
Excludes certain recreational activity from the
prohibition for a reservoir, owned by a public
agency, containing water intended for domestic
use, including, but not limited to, shoreline
fishing and trail access in areas adjacent to the
reservoir and the use of nonmotorized boats.
Requires a public agency that owns a water
supply reservoir with a certain capacity to adopt
a watershed management or recreation master
plan the environmental management activities
permitted.
STATUS:
1010712005 Vetoed by GOVERNOR.
POSITION: WATCH
CA AB 703
Recycled Water
AUTHOR: Houston [R]
INTRODUCED: 02/17/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Makes a technical, nonsubstantive change to
existing law relating to water reuse.
2005 Legislative Report
Legislative Session 20052006
ASSEMBLY
STATUS:
02/17/2005 INTRODUCED.
POSITION: WATCH
CA AB 724
Design -Build Contracting
AUTHOR: Horton S [R]
INTRODUCED: 02/17/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Makes technical, nonsubstantive changes to
existing law that requires public entities to
comply with certain procedures in soliciting and
evaluating bids and awarding contracts for the
erection, construction, alteration, repair, or
improvement of any public structure, building,
road, or other public improvement.
STATUS:
02/17/2005 INTRODUCED.
POSITION: WATCH
CA AB 728
Electricity: Biogas Digester
Customer -Generators
AUTHOR: Negrete McLeod [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/17/2005
ENACTED: 09/29/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 369
SUMMARY:
Extends the operation of the biogas
customer -generator pilot program. Authorizes
an eligible biogas digester customer -generator
to continue to receive service pursuant to the
net energy metering tariff for the life of the
facility. Requires a biogas digester electrical
generating facility subject to the best available
control technology (BACT) requirements to
install the BACT at the time of installation in
order to participate in the tariff.Requires a
report on the program to the Legislature.
STATUS:
09/29/2005 Signed by GOVERNOR.
09/29/2005 Chaptered by Secretary of
State. Chapter No. 369
POSITION: WATCH
CA AB 736
Public Utilities: Regulation
AUTHOR: Horton J [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
13
0710 10
INTRODUCED: 02/17/2005
ENACTED: 09/29/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 370
SUMMARY:
Prohibits, with exemptions, any public utility
other than a common carrier by railroad, from
selling, leasing, assigning, mortgaging or
otherwise disposing of or encumbering the
whole or any part of specified property
necessary or useful in the performance of the
public utility's duties to the public, without first
having either secured an order from the Public
Utilities Commission authorizing it to do so for
qualified transactions, having filed an advice
letter and obtaining a resolution to do so.
STATUS:
09/29/2005 Signed by GOVERNOR.
09/29/2005 Chaptered by Secretary of
State. Chapter No. 370
POSITION: WATCH
CA AB 737
Property Tax Revenue: Allocations: Public
Utilities
AUTHOR: Horton J [D]
INTRODUCED: 02/17/2005
LAST AMEND: 04/14/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Appropriations
Committee
SUMMARY:
Requires that the assessed value of qualified
property placed in service by a public utility on
or after a certain date, be allocated entirely to
the county in which the property is located.
Requires the property tax revenues derived
from qualified property be allocated among the
county and school entities in the same
percentage shares as revenues derived from
the utility in the prior fiscal year. Requires the
balance of these revenues remaining be
allocated to the city where the property is
located.
STATUS:
05/25/2005 In ASSEMBLY Committee on
APPROPRIATIONS: Heard, remains in
Committee.
POSITION: OPPOSE
CA AB 745
Public Utilities:
Eminent Domain
AUTHOR:
Blakeslee [R]
INTRODUCED:
02/17/2005
DISPOSITION:
Pending - Carryover
2005 Legislative Report
Legislative Session 2006-2006
ASSEMBLY
LOCATION: Assembly Judiciary Committee
SUMMARY:
Except from certain requirements, a
condemnation action necessary to provide
Public Utility Commission -Authorized natural
gas storage service.
STATUS:
04/25/2005 In ASSEMBLY Committee on
UTILITIES AND COMMERCE: Not heard.
POSITION: WATCH
CA AB 746
Public Utilities: Payment of Billings
AUTHOR: Blakeslee [R]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/17/2005
ENACTED: 09/30/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 426
SUMMARY:
Requires the Public Utilities Commission to
authorize an electrical, gas or water corporation
to offer credit and debit card bill payment
options. Authorizes such corporations to recover
reasonable transaction costs incurred when
customer choose to pay using that method.
Requires the commission to determine the
reasonableness of those costs and how the
savings from this payment method shall be
passed on to the customers. Excludes a retailer
imposing a surcharge for bill payment.
STATUS:
09/30/2005 Signed by GOVERNOR.
09/30/2005 Chaptered by Secretary of
State. Chapter No. 426
POSITION: WATCH
CA AB 798
Water Quality, Watershed & Flood
Management Bond Act
AUTHOR: Wolk.[D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/18/2005
LAST AMEND: 04/11/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Water, Parks and
Wildlife Committee
SUMMARY:
Enacts the Water Quality, Watershed
Protection, and Flood Management Bond Act of
2006 which would authorize issuance of state
bonds for purposes of financing a water quality,
watershed protection, and flood management
14
,j71
program. Requires voter approval.
STATUS:
04/11/2005 To ASSEMBLY Committees on
WATER, PARKS AND WILDLIFE and
ENVIRONMENTAL SAFETY AND TOXIC
MATERIALS.
04/11/2005 From ASSEMBLY Committee
on WATER, PARKS AND WILDLIFE with
author's amendments.
04/11/2005 In ASSEMBLY. Read second
time and amended. Re-referred to Committee
on WATER, PARKS AND WILDLIFE.
POSITION: WATCH
CA AB 802
Land Use: Water Supply
AUTHOR: Wolk [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/18/2005
LAST AMEND: 04/25/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Inactive File
SUMMARY:
Requires the conservation element of the
general plan to cover flood management and to
consider, among other things, the existing water
supply and the possible means of using flood
water to supplement that supply.
STATUS:
06/01/2005 In ASSEMBLY.
Reconsideration granted.
06/01/2005 In ASSEMBLY. To Inactive
File.
POSITION: WATCH
CA AB 869
Bay Area Regional Water System
AUTHOR: Ruskin [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/18/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Makes a technical, nonsubstantive change to
existing law that requires the State Department
of Health Services to ensure that the bay area
regional water system is operated in compliance
with state and federal safe drinking water laws.
STATUS:
02/18/2005 INTRODUCED.
POSITION: WATCH
CA AB 965
Solar Energy Systems
2005 Legislative Report
Legislative Session 20052006
ASSEMBLY
AUTHOR: Saldana [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/18/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
States that it is the intent of the Legislature to
enact legislation promoting the use of solar
energy systems, as defined, in residences, state
buildings, public works, and rural areas.
STATUS:
02/18/2005 INTRODUCED.
POSITION: WATCH
CA AB 974
Public Utilities Commission: Transmission
Siting
AUTHOR: Nunez [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/18/2005
LAST AMEND: 04/1212005
DISPOSITION: Pending - Carryover.
LOCATION: Senate Energy, Utilities and
Communications Committee
SUMMARY:
Requires the Public Utilities Commission to
prepare and implement a comprehensive plan
to streamline the transmission permitting and
siting process to provide for the orderly
cost-effective construction or expansion of
transmission facilities that may be necessary to
integrate renewable generation, increase import
capability, or accommodate load growth.
Require the commission to consult with various
entities and the public in the preparation and
implementation of the plan.
STATUS:
05/19/2005 To SENATE Committee on
ENERGY, UTILITIES AND
COMMUNICATIONS.
POSITION: WATCH
CA AB 993
Planning And Forecasting: Liquified Natural
Gas
AUTHOR: Canciamilla [D]
INTRODUCED: 02/22/2005
LAST AMEND: 05/27/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Energy, Utilities and
Communications Committee
SUMMARY:
Requires the State Energy Resources
Conservation and Development Commission to
15
072
assess the role of liquified natural gas in
meeting California's natural gas needs,
including, but not limited to, a cost/benefit
analysis. Authorizes the commission to use
existing studies and data when preparing the
assessment.
STATUS:
06/09/2005 To SENATE Committee on
ENERGY, UTILITIES AND
COMMUNICATIONS.
POSITION: SUPPORT
CA AB 1003
Ventura County Watershed Protection
District
AUTHOR: Nava [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
VETOED: 07/26/2005
DISPOSITION: Vetoed
LOCATION: Vetoed
SUMMARY:
Authorizes the Ventura County Watershed
Protection District to impose fees on a
districtwide or per zone basis to pay the costs
and expenses of carrying out any of the objects
and purposes of the Ventura County Watershed
Protection Act.
STATUS:
07/26/2005 Vetoed by GOVERNOR.
POSITION: WATCH
CA AB 1007
Air Quality: Alternative Fuels
AUTHOR: Pavley [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 09/29/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 371
SUMMARY:
Requires the State Air Resources Board to
develop and adopt a state plan to increase the
use of alternative transportation fuels, including
standards for such fuels and vehicles.
STATUS:
09/29/2005 Signed by GOVERNOR.
09/29/2005 Chaptered by Secretary of
State. Chapter No. 371
POSITION: WATCH
CA AB 1009
Electricity: Time -of -Use Pricing Tariffs
2005 Legislative Report
Legislative Session 20052006
ASSEMBLY
AUTHOR: Richman [R]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Requires the Public Utilities Commission to
develop time -of -use electricity pricing tariffs, and
to require real-time metering for all
bundled -service customers of an electrical
corporation and to phase in implementation of
these requirements consistent with a specified
schedule.
STATUS:
06/20/2005 From ASSEMBLY Committee
on UTILITIES AND COMMERCE without further
action pursuant to JR 62(a).
POSITION: WATCH
CA AB 1039
Parks and Recreation
AUTHOR: Frommer [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 0212212005
LAST AMEND: 04/19/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Inactive File
SUMMARY:
Revises the definition of facilities in the Urban
Park Act of 2001 that requires the Department
of Parks and Recreation to establish a local
assistance program to offer grants to various
local entities and nonprofit organizations, for the
acquisition or development of urban parks and
recreational areas and facilities to include
community gardens. Sets forth criteria that the
department is required to consider in assigning
a higher priority to a grant application.
STATUS:
08/2512005 In SENATE. From third
reading. To Inactive File.
POSITION: WATCH
CA AB 1099
Property Tax: Exclusion: Active Solar
Energy Systems
AUTHOR: Leno [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 09/06/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 193
16
073
SUMMARY:
Relates to existing law that excludes, for the
1999-2000 fiscal year, inclusive, from the
definition of newly constructed the construction
or addition of an active solar energy system
under ad valorem taxation. Specifies that this
exclusion for the construction or addition of an
active solar system applies from the 1999-2000
fiscal year to the 2008-09 fiscal year.
STATUS:
09/06/2005 Signed by GOVERNOR.
09/06/2005 Chaptered by Secretary of
State. Chapter No. 193
POSITION: SUPPORT
CA AB 1104
Video Provider Billing Practices
AUTHOR: Levine [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 09/30/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 429
SUMMARY:
Requires that a video provider cease charging a
customer for services within 7 business days of
receiving a request to terminate service.
Provides that if the customer requests that
service be terminated and provides 7 or more
business days notice before the date for
termination of service, the video provider would
be required to cease charging the customer for
additional services as of midnight of the last day
of service.
STATUS:
09/30/2005 Signed by GOVERNOR.
09/30/2005 Chaptered by Secretary of
State. Chapter No. 429
POSITION: WATCH
CA AB 1134
Water Replenishment District:
Replenishment Assessment
AUTHOR: Dymally [D]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Local Government
Committee
SUMMARY:
Requires the board of directors of a water
replenishment district to complete a certain
public hearing concerning the imposition of a
water replenishment assessment by the third
Tuesday in May following the commencement of
2005 Legislative Report
Legislative Session 20052006
ASSEMBLY
the hearing in April.
STATUS:
03/30/2005 To ASSEMBLY Committee on
LOCAL GOVERNMENT.
POSITION: WATCH
CA AB 1162
Eminent Domain
AUTHOR: Mullin [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
.LAST AMEND: 09/02/2005
DISPOSITION: Pending- Carryover
LOCATION: Senate Rules Committee
SUMMARY:
Prohibits, until a specified date, a community
redevelopment agency, or community
development commission or joint powers
agency from exercising the power of eminent
domain to acquire owner -occupied residential
real property if ownership of the property will be
transferred to a private party or private entity.
Requires the Research Bureau of the State
Library to submit two reports to the Legislature
regarding the exercise of the power of eminent
domain.
STATUS:
09/06/2005 Re-referred to SENATE
Committee on RULES.
POSITION: WATCH
CA AB 1165
Energy Agency Reorganization
AUTHOR: Bogh [R]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 08/31/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Rules Committee
SUMMARY:
Abolishes the Energy Resources and
Conservation Commission, the Consumer
Power and Conservation Financing Authority
and the Electricity Oversight Board. Creates the
Department of Energy, the Energy Commission
and the Office of Energy Market Oversight
within the department. Provides for the powers,
duties and responsibilities of the new
organizations.
STATUS:
09/01/2005 Withdrawn from SENATE
Committee on ENVIRONMENTAL QUALITY.
09/01/2005 Re-referred to SENATE
Committee on RULES.
17
074
POSITION: WATCH
CA AB 1168
Drinking Water Standards
AUTHOR: Saldana [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
VETOED: 10/07/2005
DISPOSITION: Vetoed
LOCATION: Vetoed
SUMMARY:
Requires Department of Health Services, when
reviewing an application for a water system
operating permit for a groundwater or ocean
water desalination project, to identify potential
contaminants and sources of contamination and
ensure the safety and effectiveness of treatment
processes.
STATUS:
10/07/2005 Vetoed by GOVERNOR.
POSITION: WATCH
CA AB 1182
Public Utilities Commission: Work Plan
Access Guide
AUTHOR: Calderon [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 09/29/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 372
SUMMARY:
Relates to existing law that requires the Public
Utilities Commission to develop, publish, and
annually update an annual work plan access
guide describing the scheduled ratemaking
proceedings and other decisions that may be
considered by the commission during the
calendar year. Renames the annual work plan
access guide the annual work plan and requires
the commission to post the annual work plan on
its Internet Web site. Relates to submission of
advice letters through electronic means.
STATUS:
09/29/2005 Signed by GOVERNOR.
09/29/2005 Chaptered by Secretary of
State. Chapter No. 372
POSITION: WATCH
CA AB 1190
Energy: Agency Consolidation
AUTHOR: Canciamilla [D]
FISCAL COMMITTEE: yes
2005 Legislative Report
Legislative Session 20052006
ASSEMBLY
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Enacts the Energy Code. Establishes the
Energy Agency under the administration of the
Secretary of energy for the planning,
development, and implementation of all major
aspects of the stet energy policy to ensure an
adequate, reasonably priced supply of electricity
and natural gas. The secretary would be
required to determine appropriate reserve levels
needed to maintain the reliability and stability of
the electrical transmission and distribution grid.
STATUS:
05/0912005 From ASSEMBLY Committee
on UTILITIES AND COMMERCE without further
action pursuant to JR 62(a).
POSITION: WATCH
CA AB 1200
Sacramento -San Joaquin Delta
AUTHOR: Laird [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 10/06/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 573
SUMMARY:
Requires the Department of Water Resources to
evaluate the potential impacts on water supplies
derived from the Sacramento -San Joaquin Delta
resulting from subsidence, earthquakes, floods,
and changes in precipitation, temperature and
ocean levels and a combination of those
impacts. Requires the department and the
Department of Fish and Game to identify,
evaluate and comparatively rate the options
available implementing certain objectives that
relate to the delta or Sacramento and San
Joaquin river systems.
STATUS:
10/06/2005 Signed by GOVERNOR.
10/06/2005 Chaptered by Secretary of
State. Chapter No. 573
POSITION: WATCH
CA AB 1201
Sierra Nevada Conservancy
AUTHOR: Laird [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
18
6375
ENACTED: 09/06/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 227
SUMMARY:
Revises the description of the Sierra Nevada
Region for purposes of the Sierra Nevada
Conservancy. Specifies that the conservancy
may not acquire a fee interest in real property
by purchase. Authorizes the conservancy to
received bequests and devises.
STATUS:
09/06/2005 Signed by GOVERNOR.
09/06/2005 Chaptered by Secretary of
State. Chapter No. 227
POSITION: WATCH
CA AB 1231
Air Pollution Accountability Act of 2005
AUTHOR: Horton J [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 04/13/2005
DISPOSITION: Pending- Carryover
LOCATION: Assembly Natural Resources
Committee
SUMMARY:
Establishes the Air Pollution Accountability Act
of 2005. Establishes hearing officers, appointed
by the Air Resources Board to issue, modify, or
revoke every order of abatement and every
variance, extension, renewal or reissuance of a
variance related to excess emission by
stationary sources or the products of stationary
sources. Establishes procedures for hearings
conducted by a hearings officer. Requires each
district to provide notices of any request for a
variance or issuance of an order of abatement.
STATUS:
04/13/2005 From ASSEMBLY Committee
on NATURAL RESOURCES with author's
amendments.
04/13/2005 In ASSEMBLY. Read second
time and amended. Re-referred to Committee
on NATURAL RESOURCES.
POSITION: WATCH
ASSEMBLY
LOCATION: Chaptered
CHAPTER: 700
SUMMARY:
Requires a local agency that provides
reimbursement for expenses to members of its
legislative body to adopt a written policy on the
duties for which legislative body members may
receive compensation, other than routine
activities. Requires such body to adopt a written
policy concerning what occurrences qualify a
member to receive reimbursement of expenses
for travel, meals, and lodging. Requires filing of
expense reports, which would be public records.
Requires ethics training by specified entities.
STATUS:
10/07/2005 Signed by GOVERNOR.
10/07/2005 Chaptered by Secretary of
State. Chapter No. 700
POSITION: SUPPORT
CA AB 1244
CALFED Bay -Delta Program
AUTHOR: Wolk [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: yes - INTRODUCED: 02/22/2005
LAST AMEND: 05/10/2005
DISPOSITION: Pending -Carryover
LOCATION: Assembly Inactive File
SUMMARY:
Clarifies the relationship of the California
Bay -Delta Authority and its implementing
agencies with the federal government with
regard to the California Bay -Delta Program and
to conform the state act to the federal act,
requiring state agencies to cooperate with
federal agencies to meet the goals of the
program. Authorizes the authority to enter into
specified cooperative agreements to carry out
the program. Authorizes the lead scientist to
seek assistance from experts for scientific
programs.
STATUS:
06/01/2005 In ASSEMBLY. To Inactive
File.
POSITION: WATCH
2005 Legislative Report
Legislative Session 20052006
19
CA AB 1245
CA AB 1234
CALFED Bay -Delta Program
Local Agencies:
Compensation and Ethics
AUTHOR: Wolk [D]
AUTHOR:
Salinas [D]
FISCAL COMMITTEE: yes
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
INTRODUCED:
02/22/2005
LAST AMEND: 04/21/2005.
ENACTED:
10/07/2005
DISPOSITION: Pending - Carryover
DISPOSITION:
Enacted
LOCATION: Senate Natural Resources and
2005 Legislative Report
Legislative Session 20052006
19
Water Committee
SUMMARY:
Relates to the California Bay -Delta Authority.
Establishes the Environmental Water Account
Fund for the benefit of the California Bay -Delta
Environmental Water Account Program.
Authorizes the money in the fund to be
expended for the protection and recovery of
fishery resources, the adjustment of the
operations of the State Water Project, or the
Central Valley Project, or the acquisition of
water to supplement the water made available
by regulation. Authorizes the acquiring or selling
of water.
STATUS:
06/09/2005 To SENATE Committee on
NATURAL RESOURCES AND WATER.
POSITION: WATCH
CA AB 1269
Clean Air, Clean Water, and Coastal
Protection
AUTHOR: Pavley [D]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Appropriations
Committee
SUMMARY:
Enacts the Clean Air, Clean Water, Coastal
Protection, and Parks Bond Act which would
authorize issuance of bonds financing a air and
water quality, coastal protection, and parks
program. Requires voter approval.
STATUS:
05/25/2005 In ASSEMBLY Committee on
APPROPRIATIONS: Not heard.
POSITION: WATCH
CA AB 1271
Water: Central Coast Agricultural
Management
AUTHOR: Blakeslee [R]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 04/18/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Environmental
Safety and Toxic Materials Committee
SUMMARY:
Requires the Central Coast Regional Water
Quality Control Board to conduct a 5 -year pilot
program in order to promote clean water
practices in the region within the jurisdiction of
the regional board. Requires the regional board
to define and adopt achievable, attainable
2005 Legislative Report
Legislative Session 2006-2006
ASSEMBLY
agricultural best management practices, based
on current scientific findings.
STATUS:
04/26/2005 In ASSEMBLY Committee on
ENVIRONMENTAL SAFETY AND TOXIC
MATERIALS: Not heard.
POSITION: WATCH
CA AB 1290
Water Use Fees
AUTHOR: La Malfa [R]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Declares that it is the intent of the Legislature to
finance programs that were formerly funded by
the imposition of fees for a specified application,
registration, petition, request, or proof of claim
relating to water use, or a notice to extract
groundwater by appropriating funds from the
fund that remain available for that purpose.
STATUS:
05/18/2005 From ASSEMBLY Committee
on WATER, PARKS AND WILDLIFE without
further action pursuant to JR 62(a).
POSITION: WATCH
CA AB 1317
Environmental Laboratories
AUTHOR: Ruskin [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 09/29/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 406
SUMMARY:
Relates to laboratories that perform analysis for
regulatory purposes of drinking water,
wastewater, air, hazardous waste, and
contaminated soils or sediments. Sets forth the
duties and responsibilities of the Department of
Health Services in accrediting and monitoring
environmental laboratories. Authorizes the
department to adopt regulations.
STATUS:
09/29/2005 Signed by GOVERNOR.
09/29/2005 Chaptered by Secretary of
State. Chapter No. 406
POSITION: SUPPORT
CA AB 1329
Design -Build Contracting: Cities
AUTHOR: Wolk [D]
KIM
077
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02122/2005
ENACTED: 09/06/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 228
SUMMARY:
Permits cities in the counties of Solano and
Yolo, with the approval of the city council, to
enter into specified design -build contracts in
accordance with specified provisions. Requires
cities that elect to use the design -build contract
procurement process to report to the Legislative
Analyst's office.
STATUS:
09/06/2005 Signed by GOVERNOR.
09/06/2005 Chaptered by Secretary of
State. Chapter No. 228
POSITION: WATCH
CA AB 1332
Distributed Generation: Efficiency Standards
AUTHOR: Gordon [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 04/27/2005
DISPOSITION: Pending -Carryover
LOCATION: Assembly Appropriations
Committee
SUMMARY:
Requires the Energy Commission to prescribe,
by regulation, standards and minimum levels of
operating efficiency for distributed generation
technologies based on a reasonable use
pattern. Defines distributed generation.
Requires the standards meet certain criteria.
Requires the commission to periodically review
the standards and adopt any revision that is
necessary based upon the same criteria used in
developing the standards. Prohibits new
distributed generation system unless they meet
the standards.
STATUS:
05/2512005 In ASSEMBLY Committee on
APPROPRIATIONS: Heard, remains in
Committee.
POSITION: WATCH
CA AB 1348
Antelope Valley Fairgrounds EE and PV
Synergy
AUTHOR: Runner S [R]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
2005 Legislative Report
Legislative Session 20052006
ASSEMBLY
INTRODUCED: 02/22/2005
ENACTED: 09/29/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 373
SUMMARY:
Authorizes the Antelope Valley Fairgrounds EE
and PV Synergy Demonstration Project, at the
Antelope Valley Fairgrounds, that would include
the installation of cost-effective energy efficient
equipment and fixtures, and a photovoltaic solar
energy system of up to 630 kilowatts. Requires
an electrical corporation providing electrical
service to the fairgrounds to file a tariff with the
Public Utilities Commission meeting certain
criteria.
STATUS:
09/29/2005 Signed by GOVERNOR.
09/29/2005 Chaptered by Secretary of
State. Chapter No. 373
POSITION: WATCH
CA AB 1354
Drinking Water: Perchlorate Levels
-AUTHOR: - Baca [D]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Environmental
Safety and Toxic Materials Committee
SUMMARY:
Requires the Department of Health Services to
establish a maximum drinking water standard
contaminant level for perchlorate of 6 parts per
billion, to be phased in over a period of 2 years
commencing January 1, 2006.
STATUS:
04/26/2005 In ASSEMBLY Committee on
ENVIRONMENTAL SAFETY AND TOXIC
MATERIALS: Not heard.
POSITION: OPPOSE
CA AB 1362
Renewable Portfolio Standard Program
AUTHOR: Levine [D]
INTRODUCED: 02/22/2005
LAST AMEND: 07/12/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Inactive File
SUMMARY:
Revises and recasts intent language in the
Renewable Energy Resources Program so that
the amount of electricity generated per year
from renewable energy resources is increased
to an amount that equals at least 20% of the
total electricity generated for consumption in the
state by 2010. Restates the target of the
21
renewables portfolio standard to increase the
amount of electricity procured from eligible
renewable energy resources, so it equals 20%
of the electricity sold at retail in the per year by
2010.
STATUS:
08/29/2005 In SENATE. To Inactive File.
POSITION: WATCH
CA AB 1364
Water Corporations: Damage From Natural
Disasters
AUTHOR: Canciamilla [D]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
States the intent of the Legislature to establish
policies to require all water corporations to
timely report to the commission the extent of
any damage in a natural disaster.
STATUS:
02/22/2005 INTRODUCED.
POSITION: WATCH
CA AB 1365
Greenhouse Gas Emission Levels
AUTHOR: Ruskin [D]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Inactive File
SUMMARY:
Amends existing law that requires the Governor
to prepare a comprehensive State
Environmental Goals and Policy Report
including a statement of approved state
environmental goals that are required to be
consistent with state planning priorities. Includes
as a state planning priority to provide for the
reduction in greenhouse gas emissions.
STATUS:
08/25/2005 In SENATE. From third
reading. To Inactive File.
POSITION: WATCH
CA AB 1383
Solar Energy: Low -Income Housing
Development Loans
AUTHOR: Pavley [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
VETOED: 10/07/2005
DISPOSITION: Vetoed
LOCATION: Vetoed
SUMMARY:
2005 Legislative Report
Legislative Session 20052006
ASSEMBLY
Establishes the Low -Income Housing
Development Revolving Loan Program to help
finance solar energy systems in eligible
low-income housing located in the service areas
of an electrical corporation. Creates the
Low -Income Housing Development Revolving
Loan Program Fund for the purpose of providing
loans under the program. Requires the Energy
Commission to consider and evaluation the
level of funding necessary to fund the program
to achieve its goals. Requires an application fee
to cover processing.
STATUS:
10/07/2005 Vetoed by GOVERNOR.
POSITION: SUPPORT
CA AB 1397
Eminent Domain: Public Utility Property
AUTHOR: Arambula [D]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Judiciary Committee
SUMMARY:
Requires a local public entity that appropriates
electric, gas, or water public utility property to
prove a more necessary use by clear and
convincing evidence that the public utility has
continually failed to comply with governing rules
and regulations.
STATUS:
03/30/2005 To ASSEMBLY Committees on
JUDICIARY and UTILITIES AND COMMERCE.
POSITION: OPPOSE
CA AB 1423
Metropolitan Water Districts: Utilization of
Budgets
AUTHOR: Bogh [R]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Declares the intent of the Legislature to enact
legislation relating to the purposes for which the
budgets of metropolitan water districts, formed
under the Metropolitan Water District Act, may
be utilized.
STATUS:
02/22/2005 INTRODUCED.
POSITION: WATCH
CA AB 1430
Air Contaminants
AUTHOR:
Goldberg [D]
INTRODUCED:
02/22/2005
LAST AMEND:
05/03/2005
22
079
DISPOSITION: Pending - Carryover
LOCATION: Assembly Inactive File
SUMMARY:
Requires the methodology for use by air
pollution control districts and air quality
management districts to calculate the value of
credits issued for emission reductions from
stationary, mobile, indirect and areawide
sources to prohibit the trading of mobile source
emissions for stationary source emissions,
within or between air districts, until all such
sources have first installed best available retrofit
technology, best available control technology, or
lowest achievable emissions reduction.
STATUS:
06/02/2005 In ASSEMBLY. To Inactive
File.
POSITION: OPPOSE
CA AB 1453
Superior Courts: Adjudication of Rights to
Produce
AUTHOR: Daucher [R]
INTRODUCED: 02/22/2005
LAST AMEND: 03/30/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Judiciary Committee
SUMMARY:
Establishes 9 water divisions in the superior
courts of specified counties. Requires the
presiding judge of the superior court of each
specified county to assign a water judge to the
water division to preside over actions that
involve the adjudication of rights to produce
groundwater. Provides for the transfer of
groundwater actions to those court. Requires
the presiding judge to consider the experience
in groundwater adjudications of each candidate
for assignment as a water judge.
STATUS:
03/30/2005 To ASSEMBLY Committee on
JUDICIARY.
03/30/2005 From ASSEMBLY Committee
on JUDICIARY with author's amendments.
03/30/2005 In ASSEMBLY. Read second
time and amended. Re-referred to Committee
on JUDICIARY.
POSITION: WATCH
CA AB 1466
Tamarisk Plant Control
AUTHOR: Laird [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
VETOED: 10/07/2005
2005 Legislative Report
Legislative Session 2006-2006
ASSEMBLY
DISPOSITION: Vetoed
LOCATION: Vetoed
SUMMARY:
Requires the Department of Water Resources to
prepare a plan to control or eradicate tamarisks
plants in the Colorado River watershed.
Requires the department, the Department of
Food and Agriculture, the Department of Fish
and Game, and the Colorado River Board of
California to seek to collaborate with affected
water agencies and other appropriate entities in
that preparation.
STATUS:
10/07/2005 Vetoed by GOVERNOR.
POSITION: SUPPORT
CA AB 1547
Telecommunications: Communications
Companies: Policies
AUTHOR: Levine [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 07/12/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Inactive File
SUMMARY:
States the intent of the Legislature to establish
rules for the provision of communications
services that encourage fair competition.
STATUS:
08/25/2005 In SENATE. From third
reading. To Inactive File.
POSITION: WATCH
CA AB 1555
California Renewables Portfolio Standard
Program
AUTHOR: La Malfa [R]
INTRODUCED: 02/22/2005
LAST AMEND: 03/31/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Utilities and
Commerce Committee
SUMMARY:
Defines eligible renewable energy resource to
include the electricity generated by a
hydroelectric generation facility procured or
owned by a retail seller or local publicly owned
electric utility, as of January 1, 2003, under the
California Renewable Portfolio Standard
Program.
STATUS:
04/18/2005 In ASSEMBLY Committee on
UTILITIES AND COMMERCE: Failed passage.
04/18/2005 In ASSEMBLY Committee on
23
i:r
UTILITIES AND COMMERCE: Reconsideration
granted.
POSITION: SUPPORT
CA AB 1576
Electrical Corporations: Rates: Repowering
Projects
AUTHOR: Nunez [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 09129/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 374
SUMMARY:
Requires the costs of a contract entered into
pursuant to a procurement plan by an electrical
corporation for the electricity generated by a
replacement or repowering project concerning a
thermal powerplant that meets specified criteria
be recoverable in rates, taking into account any
collateral requirements and debt equivalence
associated with the contract in a manner
determined by the Public Utilities Commission to
provide the best value to ratepayers. Relates to
a electrical facility water pollution.
STATUS:
09/29/2005 Signed by GOVERNOR.
09/29/2005 Chaptered by Secretary of
State. Chapter No. 374
POSITION: WATCH
CA AB 1585
Energy Resources Conservation and
Development
AUTHOR: Blakeslee [R]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 10/06/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 579
SUMMARY:
Requires the Energy Commission to include in
the integrated energy policy report to be
adopted by a specified date, a review of the
feasibility of increasing the target for the amount
of electricity to be procured from eligible
renewable energy resources to 33% by the year
2020, with the review including specified
information.
STATUS:
10/06/2005 Signed by GOVERNOR.
10/06/2005 Chaptered by Secretary of
2005 Legislative Report
Legislative Session 20052005
ASSEMBLY
State. Chapter No. 579
POSITION: OPPOSE
CA AB 1590
Property Tax Revenue Allocations: Special
Districts
AUTHOR: Lieber [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: yes
INTRODUCED: 02/22/2005
LAST AMEND: 04/18/2005
DISPOSITION: Pending- Carryover
LOCATION: Assembly Appropriations
Committee
SUMMARY:
Limits the amount of the property tax revenue
reduction for a special district that performs both
enterprise and nonenterprise functions to an
amount equal to the sum of 10% of the property
tax revenues allocated to the district's
nonenterprise functions for the 2001-02 fiscal
year and 100% of the property tax revenues
allocated to the district's enterprise functions for
the 2001-02 fiscal year. Relates to reduction
calculations for the -2005-06 fiscal year of all
special districts.
STATUS:
05/25/2005 In ASSEMBLY Committee on
APPROPRIATIONS: Heard, remains in
Committee.
POSITION: SUPPORT
CA AB 1611
Liquefied Natural Gas Facility: Permitting
Process
AUTHOR: Ridley-Thomas [D]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
States the intent of the Legislature to enact
legislation with respect to the Liquefied Natural
Gas (LNG) Interagency Permitting Work Group
in order to ensure communication among and
support for agencies potentially involved in the
permitting process of a LNG facility in the state.
STATUS:
02/22/2005 INTRODUCED.
POSITION: WATCH
CA AB 1621
Electrical Corporations:
BART
AUTHOR:
Klehs [D]
INTRODUCED:
02/22/2005
DISPOSITION:
Pending - Carryover
LOCATION:
Assembly Utilities and
24
Commerce Committee
SUMMARY:
Provides, notwithstanding provisions creating a
dedicated rate component for the recovery of
the unamortized balance of the regulatory asset
awarded to Pacific Gas and Electric Company,
that electricity provided to Bay Area Rapid
Transit (BART) that is purchased from a federal
power marketing agency or its successor or
from a local publicly owned electric utility, is not
subject to fixed recovery amounts and fixed
recovery tax amounts.
STATUS:
03/17/2005 To ASSEMBLY Committees on
UTILITIES AND COMMERCE and
TRANSPORTATION.
POSITION: WATCH
CA AB 1632
Energy Planning and Forecasting
AUTHOR: Blakeslee [R]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 05/27/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Energy, Utilities and
Communications Committee
SUMMARY:
Requires the State Energy Conservation and
Development Commission, as part of its
electricity and natural gas forecasting and
assessment activities, to compile and assess
existing scientific studies to determine the
potential vulnerability, to a major disruption due
to aging or a major seismic event, of large
baseload generation facilities of 1,700
megawatts or greater, including a specified
analysis for the impact of a major disruption on
system reliability, public safety, and the
economy.
STATUS:
06/09/2005 To SENATE Committee on
ENERGY, UTILITIES AND
COMMUNICATIONS.
POSITION: WATCH
CA AB 1666
Military Service: Benefits
AUTHOR: Frommer [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 09/22/2005
DISPOSITION: Enacted
LOCATION: Chaptered
2005 Legislative Report
Legislative Session 20052006
ASSEMBLY
CHAPTER: 345
SUMMARY:
Provides protections for members of the
National Guard ordered to active duty with
respect to power of attorney, termination of a
mobile telephony services contract, military
leave of absence from specified educational
facilities, waiver of attorney membership fees,
payment of arrearages under terminated motor
vehicle leases and continuation of gas and utility
services.
STATUS:
09/22/2005 Signed by GOVERNOR.
09/22/2005 Chaptered by Secretary of
State. Chapter No. 345
POSITION: SUPPORT
CA AB 1690
Municipal Services: University of California
AUTHOR: Laird [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
VETOED: 09/22/2005
DISPOSITION: Vetoed
LOCATION: Vetoed
SUMMARY:
Requires the Legislative Analyst to conduct a
review of the planning processes used by the
University of California to prepare long range
development plans for its campuses and the
methods for measuring the economic costs and
benefits, including the fiscal costs and benefits
to public agencies, attributable to the campuses
of the university, and the policies of other states
to mitigate local impacts on university campuses
including any models for implementation in the
state.
STATUS:
09/22/2005 Vetoed by GOVERNOR.
POSITION: WATCH
CA AB 1704
Electricity: Electrical Restructuring
AUTHOR: Richman [R]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Appropriations
Committee
SUMMARY:
Requires the Public Utilities Commission to
adopt rules meeting specified requirements, to
transition to a core/noncore electrical market
structure. Requires that the procurement plan
approved by the Commission enable the
electrical corporation to fulfill its obligation to
25
W
serve its core customers and core -elect
customers, at just and reasonable rates, while
minimizing the risk of stranded electricity
procurement costs.
STATUS:
05/25/2005 In ASSEMBLY Committee on
APPROPRIATIONS: Heard, remains in
Committee.
POSITION: WATCH
CA AB 1723
Integrated Energy Policy Report: Load Loss
AUTHOR: La Malfa [R]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 10/07/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 703
SUMMARY:
Requires each entity that serves or plans to
serve electricity to retail customers to provide
the Energy Commission with its forecast of the
amount of its forecasted load that may be lost or
added by a community choice aggregator, an
existing local publicly owned electric utility and
the load that will be served by an energy service
provider. Requires the commission to perform
an assessment in the territory of each electrical
corporation of the loss or addition of load to the
Public Utilities Commission.
STATUS:
10/07/2005 Signed by GOVERNOR.
10/07/2005 Chaptered by Secretary of
State. Chapter No. 703
POSITION: SUPPORT
CA AB 1724
Water Quality: Reclamation: Excessive
Rainfall
AUTHOR: Villines [R]
INTRODUCED: 02/22/2005
LAST AMEND: 04/14/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Water, Parks and
Wildlife Committee
SUMMARY:
Prohibits a regional water quality control board
from requiring a holder of a master reclamation
permit or a water district to provide plans or
water reclamation facilities to reclaim or recycle
all water subject to a permit or passing through
a water reclamation facility during a period of
excessive rainfall. Authorizes a board to require
a permittee or a water district to meet
2005 Legislative Report
Legislative Session 2005-2006
ASSEMBLY
reasonable water quality standards during such
a period based on other factors determined by
the board.
STATUS:
04/14/2005 To ASSEMBLY Committees on
WATER, PARKS AND WILDLIFE and
ENVIRONMENTAL SAFETY AND TOXIC
MATERIALS.
04/14/2005 From ASSEMBLY Committee
on WATER, PARKS AND WILDLIFE with
author's amendments.
04/14/2005 In ASSEMBLY. Read second
time and amended. Re-referred to Committee
on WATER, PARKS AND WILDLIFE.
POSITION: WATCH
CA AB 1727
State Water Resources Control Board and
Regional Boards
AUTHOR: Aghazarian [R]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Environmental
Safety and Toxic Materials Committee
SUMMARY:
Requires the State Water Resources Control
Board to appoint an executive director and, for
each of the regional water quality control
boards, an executive officer, all of whom would
be exempt from civil service. Reduces the
number of members on a regional board, but
would not affect the term of a member who
serves on a regional board. Revises certain
eligibility requirements for membership on a
regional board.
STATUS:
04/26/2005 In ASSEMBLY Committee on
ENVIRONMENTAL SAFETY AND TOXIC
MATERIALS: Not heard.
POSITION: WATCH
CA AB 1732
Natural Gas: Gas Consumption Surcharge
Fund
AUTHOR: La Malfa [R]
FISCAL COMMITTEE: no
URGENCY CLAUSE: yes
INTRODUCED: 02/22/2005
ENACTED: 07/21/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 98
SUMMARY:
Provides that if the Energy Commission is
designated by the California Public Utilities
Commission to receive funds from the Gas
26
E
Consumption Surcharge Fund for public interest
research and development, the Energy
Commission is authorized to administer the
program pursuant to the Public Interest
Research, Development, and Demonstration
Program.
STATUS:
07/21/2005 Signed by GOVERNOR.
07/21/2005 Chaptered by Secretary of
State. Chapter No. 98
POSITION: WATCH
CA AB 1747
Joint Exercise of Powers
AUTHOR: Wolk [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 03/03/2005
VETOED: 10/07/2005
DISPOSITION: Vetoed
LOCATION: Vetoed
SUMMARY:
Authorizes the Rumsey Band of Wintun Indians,
through its governing body, the Tribal Council,
to enter into a joint powers authority created to
assist, facilitate, or enhance various
environmental, conservation, outdoor
recreation, or other public health and safety
objectives in Yolo County by entering into a joint
powers agreement with the County of Yolo, or
the County of Yolo and one or more specified
public agencies.
STATUS:
10/07/2005 Vetoed by GOVERNOR.
POSITION: WATCH
CA ACA 15
Eminent Domain: Redevelopment
AUTHOR: Nation [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 03/16/2005
LAST AMEND: 08/23/2005
DISPOSITION: Pending - Carryover
2005 Legislative Report
Legislative Session 2005-2006
ASSEMBLY
LOCATION: Assembly Governmental
Organization Committee
SUMMARY:
Provides a Constitutional amendment relating to
eminent domain. Sets forth a constitutional
provision prohibiting a redevelopment agency
from acquiring property through the exercise of
the power of eminent domain unless it first
makes a written finding that the property
contains conditions of both physical and
economic blight.
STATUS:
08/23/2005 From ASSEMBLY Committee
on GOVERNMENTAL ORGANIZATION with
author's amendments.
08/23/2005 In ASSEMBLY. Read second
time and amended. Re-referred to Committee
on GOVERNMENTAL ORGANIZATION.
POSITION: WATCH
CA ACA 22
Eminent Domain: Condemnation
Proceedings
AUTHOR: La Malfa [R]
INTRODUCED: 07/13/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Amends provisions of the Constitution that
authorize governmental entities to take or
damage private property for public use that
when just compensation has first been paid to
the owner add a condition that private property
may be taken or damaged when eminent
domain proceedings only for a stated public
use. Requires that the property be owned and
occupied by the condemnor. Provides that if the
property ceases to be used for the stated public
use, the former owner has the right to reacquire
the property.
STATUS:
07/13/2005 INTRODUCED.
POSITION: WATCH
27
SENATE BILLS
CASB1
Million Solar Roofs Initiative: Contractors
AUTHOR: Murray [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 12/06/2004
LAST AMEND: 09/02/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Utilities and
Commerce Committee
SUMMARY:
Establishes the Million Solar Roofs Initiative and
fund, with the goal of establishing a million solar
energy systems on new and existing residential
and commercial sites and establishing a
self-sufficient solar industry in 10 years.
Requires all local publicly owned electric utilities
to establish a solar roofs initiative. Requires the
Public Utilities Commission to order electrical
corporations to expand the availability of net
energy metering. Requires certain licensure of
installing contractors.
STATUS:
09/02/2005 In ASSEMBLY. Read third
time and amended. Re-referred to Committee
on UTILITIES AND COMMERCE.
POSITION: SUPPORT
CA SB 15
Public Utilities Commission
AUTHOR: Escutia [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 12/06/2004
ENACTED: 10/06/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 591
SUMMARY:
Relates to items appearing on the Public
Utilities Commission agenda. Relates to items
that have received an alternate decision and
rescheduling of the item for future consideration.
Requires that the item may not be rescheduled
for consideration sooner than 30 days following
service of the alternate decision upon the
parties. Requires the alternative item be
accompanied by a digest that explains the
substantive revisions to the proposed decision.
Requires certain information on the Internet.
STATUS:
10/06/2005 Signed by GOVERNOR.
2004 Final Legislative Report
Legislative Session 2003-2004
SENATE
10/06/2005 Chaptered by Secretary of
State. Chapter No. 591
POSITION: WATCH
CA SB 21
San Joaquin River Restoration
AUTHOR: Florez [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 12/06/2004
LAST AMEND: 03/16/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Natural Resources and
Water Committee
SUMMARY:
Authorizes the Secretary of the Resources
Agency, upon appropriation of funds from the
Legislature, to undertake and participate in
studies related to restoration options of the San
Joaquin River, including the re-establishment of
an anadromous fishery.
STATUS:
04/26/2005 In SENATE Committee on
NATURAL RESOURCES AND WATER: Failed
passage.
04/26/2005 In SENATE Committee on
NATURAL RESOURCES AND WATER:
Reconsideration granted.
POSITION: WATCH
CA SI3 31
Water Fees
AUTHOR: Florez [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: yes
INTRODUCED: 12/09/2004
DISPOSITION: Pending- Carryover
LOCATION: Senate Natural Resources and
Water Committee
SUMMARY:
Revises provisions for making water rights
flings with the Water Resources Control Board.
Changes the listing of applications subject to the
board's schedule of fees. Denominates the fees
as transaction fees. Limits the fees to
processing costs. Requires adjustments of
individual transaction fees. Requires the annual
permit or license fees to be imposed based
upon the number of acre-feet of water covered
by the permit or license.
STATUS:
01/27/2005 To SENATE Committee on
✓T
M
NATURAL RESOURCES AND WATER.
POSITION: WATCH
CA SB 44
General Plans: Air Quality Element
AUTHOR: Kehoe [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 01/04/2005
LAST AMEND: 05/17/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Unfinished Business
SUMMARY:
Requires the legislative body of each city and
county located in specified areas to either adopt
an air quality element as part of its general plan
or amend the appropriate elements of its
general plan to include data and analysis,
comprehensive goals, policies, and feasible
implementation strategies to improve air quality
no later than one year from the date specified
for the next revision of its housing elements that
occurs after a specified date. Requires cities
and counties to comply by a certain date.
STATUS:
09/08/2005 In ASSEMBLY. Read third
time. Failed to pass ASSEMBLY.
09/08/2005 In ASSEMBLY. Motion to
reconsider.
POSITION: WATCH
CA SB 52
2005-06 Budget
AUTHOR: Chesbro [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: yes
INTRODUCED: 01/10/2005
LAST AMEND: 05/24/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Budget and Fiscal
Review Committee
SUMMARY:
Makes appropriations for support of state
government for the 2005-06 fiscal year.
STATUS:
05/24/2005 From SENATE Committee on
BUDGET AND FISCAL REVIEW with author's
amendments.
05/24/2005 In SENATE. Read second
time and amended. Re-referred to Committee
on BUDGET AND FISCAL REVIEW.
POSITION: WATCH
CA SB 107
Renewable Energy
AUTHOR: Simitian [D]
2005 Legislative Report
Legislative Session 20052006
SENATE
INTRODUCED: 01/20/2005
LAST AMEND: 08/30/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Third Reading File
SUMMARY: +
Revises and recasts language so the amount of
electricity generated per year from eligible
renewable energy resources is increased to an
amount that equals at least 20% of the total
electricity sold to retail customers per year by
December 31, 2010. Provides an exemption.
Requires the Energy Commission to develop
mechanisms for renewable energy credits and
to include an assessment of increasing
electricity from renewable resources in its
energy report. Relates to payments to out of
state facilities.
STATUS:
08/31/2005 In ASSEMBLY. Read second
time. To third reading.
POSITION: WATCH
CA SB 109
Air Pollution: Minor Violations: Stationary
Sources
AUTHOR: Ortiz [D]
INTRODUCED: 01/20/2005
LAST AMEND: 06/14/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Unfinished Business
SUMMARY:
Extends the requirement that the State Air
Resources Board and each air pollution control
district adopt a regulation or a rule that classifies
certain violations as minor. Allows a criminal
prosecution of any of certain offenses, despite
the recovery of civil penalties for the same
offenses. Allows a civil action for any of certain
offenses to proceed, despite the filing of a
criminal complaint for the same offenses.
STATUS:
09/07/2005 In ASSEMBLY. Read third
time. Failed to pass ASSEMBLY.
09/07/2005 In ASSEMBLY. Motion to
reconsider.
POSITION: WATCH
CA SB 113
California Bay -Delta Authority Act
AUTHOR:
Machado [D]
INTRODUCED:
01/24/2005
LAST AMEND:
04/14/2005
DISPOSITION:
Pending - Carryover
LOCATION:
Assembly Water, Parks and
Wildlife Committee
SUMMARY:
P401
mms
Relates to existing law which requires the
California Bay -Delta Authority to review,
approve, and make recommendations regarding
certain annual program plans and project
expenditures submitted by the implementing
agencies based on prescribed criteria. Requires
the authority, in undertaking that review,
approval or modification, to consider the extent
to which those plans or expenditures are
consistent with the beneficiary pays principle.
STATUS:
06/09/2005 To ASSEMBLY Committee on
WATER, PARKS AND WILDLIFE.
POSITION: WATCH
CA SB 135
Community Services Districts
AUTHOR: Kehoe [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/01/2005
ENACTED: 09/22/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 249
SUMMARY:
Enacts the Community Services District Law
which would specify the procedures for districts
formation, procedures for the selection of
governing board members, and the powers and
duties of the board. Specifies that a violation of
any rule, regulation, or ordinance adopted by a
board of directors of such district would be a
misdemeanor.
STATUS:
09/22/2005 Signed by GOVERNOR.
09/22/2005 Chaptered by Secretary of
State. Chapter No. 249
POSITION: WATCH
CA SB 140
Subsurface Installations: Excavation
AUTHOR: Margett [R]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/02/2005
ENACTED: 07/25/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 114
SUMMARY:
Relates to excavation and subsurface
installations. Allows the utilization of vacuum
excavation devices or power -operated or
power -driven tools, provided that an express
written mutual agreement exists. Requires
2005 Legislative Report
Legislative Session 20052006
SENATE
operators to use the uniform color code of the
American Public Works Association when
making field markings.
STATUS:
07/25/2005 Signed by GOVERNOR.
07/25/2005 Chaptered by Secretary of
State. Chapter No. 114
POSITION: WATCH
CA SB 153
Clean Water, Safe Parks, Coastal Protection
AUTHOR: Chesbro [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/08/2005
LAST AMEND: 09/02/2005
DISPOSITION: Pending- Carryover
LOCATION: Assembly Appropriations
Committee
SUMMARY:
Enacts the California Clean Water, Safe
Neighborhood Parks, and Coastal Protection
Act of 2006. Authorizes for the purposes of
financing a program for the acquisition,
development, improvement, preservation,
rehabilitation, and restoration of agricultural,
coastal, cultural, forest, historical, park,
recreational and water resources in the state,
the issuance of bonds, pursuant to the General
Obligation Bond Law, of bonds in a specified
amount.
STATUS:
09/02/2005 From ASSEMBLY Committee
on APPROPRIATIONS with author's
amendments.
09/02/2005 In ASSEMBLY. Read second
time and amended. Re-referred to Committee
on APPROPRIATIONS.
POSITION: WATCH
CA SB 187
Drinking Water: Contaminants
AUTHOR: Soto [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/10/2005
LAST AMEND: 06/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Environmental
Safety and Toxic Materials Committee
SUMMARY:
Amends the Safe Drinking Water Act. Requires
the Office of Environmental Health Hazard
Assessment to revise the public health goal for
perchlorate in drinking water as soon as
possible after new methods for analyzing
KE
pathways of exposure become available to the
office. Provides considerations that the office
may use in the revisions of the goal. Requires
the Department of Health Services to amend its
maximum contamination level.
STATUS:
06/28/2005 In ASSEMBLY Committee on
ENVIRONMENTAL SAFETY AND TOXIC
MATERIALS: Heard, remains in Committee.
POSITION: WATCH
CA SB 197
Sly Park Reservoir
AUTHOR: Cox [R]
FISCAL COMMITTEE: no
URGENCY CLAUSE: yes
INTRODUCED: 02/ 10/2005
ENACTED: 09/22/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 252
SUMMARY:
Removes the requirement that ongoing water
treatment at Sly Park Reservoir commence on
or before a specified date. Requires the
treatment to commence before the reservoir
may be used for recreational activity in which
there is bodily contact with the water. Removes
the advanced technology treatment
requirement. Requires the treatment that
complies with a specified federal standard.
Requires the Department of Health Services to
prescribe the degree of treatment necessary to
abate any increased hazards.
STATUS:
09/22/2005 Signed by GOVERNOR.
09/22/2005 Chaptered by Secretary of
State. Chapter No. 252
POSITION: SUPPORT
CA SB 200
Sacramento -San Joaquin Delta Conservancy
Program
AUTHOR: Machado [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/10/2005
LAST AMEND: 04/19/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Appropriations
Committee
SUMMARY:
Relates to the membership of the State Coastal
Conservancy. Establishes the Sacramento -San
Joaquin Delta Conservancy Program, program
trust and program trust account for the purpose
2005 Legislative Report
Legislative Session 20052006
SENATE
of restoring, enhancing, and protecting the
unique agricultural, economic, natural, cultural,
recreational, public access and urban waterfront
resources and opportunities of the delta in a
coordinated, comprehensive and effective
manner.
STATUS:
05/26/2005 In SENATE Committee on
APPROPRIATIONS: Heard, remains in
Committee.
POSITION: WATCH
CA SB 204
Public Utilities and Energy Commissions:
Members
AUTHOR: Bowen [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/10/2005
LAST AMEND: 05/10/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Elections and
Redistricting Committee
SUMMARY:
Precludes membership on the Public Utilities
Commission and the State Energy Resources
Conservation and Development Commission for
persons who fall into certain categories.
STATUS:
07/05/2005 In ASSEMBLY Committee on
ELECTIONS AND REDISTRICTING: Failed
passage.
07/05/2005 In ASSEMBLY Committee on
ELECTIONS AND REDISTRICTING:
Reconsideration granted.
POSITION: WATCH
CA SB 240
Water Rights
AUTHOR: Margett [R]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/15/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Rules Committee
SUMMARY:
Makes nonsubstantive, technical changes to
existing law that grants certain rights and
privileges relating to the appropriation of water
to persons, and extends those same rights and
privileges to the United States, the state, and
any entity capable of holding an interest in real
property in the state.
STATUS:
02/24/2005 To SENATE Committee on
RULES.
31
MM
POSITION: WATCH
CA SB 264
Delta Flood Protection Fund: Delta Levee
Maintenance
AUTHOR: Machado [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/15/2005
ENACTED: 10/06/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 583
SUMMARY:
Extends the existence of the the Delta Flood
Protection Fund which provides funding for a
delta levee maintenance subventions program.
STATUS:
10/06/2005 Signed by GOVERNOR.
10/06/2005 Chaptered by Secretary of
State. Chapter No. 583
POSITION: WATCH
CA SB 273
Public Utilities: Municipal Utility District Act
AUTHOR: Morrow [R]
INTRODUCED: 02/1612005
DISPOSITION: Pending - Carryover
LOCATION: Senate Rules Committee
SUMMARY:
Makes technical nonsubstantive changes to the
existing Municipal Utility District Act that
governs the formation and governance of a
municipal utility districts and requires the
publication of ordinances or summaries of
ordinances following passage by the governing
board of a district.
STATUS:
02/24/2005 To SENATE Committee on
RULES.
POSITION: WATCH
CA SB 350
Joaquin River Restoration and Water
Management
AUTHOR: Machado [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/16/2005
LAST AMEND: 07/05/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Water, Parks and
Wildlife Committee
SUMMARY:
Establishes the San Joaquin River Fund in the
State Treasury. Requires the Secretary of the
2005 Legislative Report
Legislative Session 2005-2006
SENATE
Resources Agency to make grants available for
projects that improve habitat and physical
conditions in and along the San Joaquin River
to facilitate the restoration of stream flows and
native anadromous fish populations, or result in
the acquisition of cost-effective replacement
water supplies and related actions. Appropriates
fund for the grant program. Requires a study on
the restoration of the river.
STATUS:
07/06/2005 In ASSEMBLY Committee on
WATER, PARKS AND WILDLIFE: Not heard.
POSITION: WATCH
CA SB 373
County Water Authority: Encroachments
AUTHOR: Kehoe [D]
INTRODUCED: 02/17/2005
ENACTED: 10/06/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 599
SUMMARY:
Relates to the County Water Authority Act that
authorizes the board of directors of a county
water authority to establish procedures for the
abatement of an encroachment that violates a
regulation adopted by the authority regarding its
facilities to provide that an encroachment
maintained in violation of a regulation is a public
nuisance that is subject to abatement by
bringing a civil proceeding.
STATUS:
10/06/2005 Signed by GOVERNOR.
10/06/2005 Chaptered by Secretary of
State. Chapter No. 599
POSITION: SUPPORT
CA SB 386
PUC: Inspection and Audit of Books and
Records
AUTHOR: Campbell [R]
INTRODUCED: 02/17/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Energy, Utilities and
Communications Committee
SUMMARY:
Requires that any audit of public utilities by the
Public Utilities Commission conform to the
Government Auditing Standards of the
Comptroller General of the United States, and
where applicable and not inconsistent with
those standards, to the Generally Accepted
Auditing Standards of the American Institute of
Certified Public Accountants.
STATUS:
32
F1. �
•: to
04/26/2005 In SENATE Committee on
ENERGY, UTILITIES AND
COMMUNICATIONS: Not heard.
POSITION: WATCH
CA SB 387
New River
AUTHOR: Ducheny [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/17/2005
ENACTED: 07/25/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 112
SUMMARY: -
Defines, only as it applies to the New River in
Imperial County, the phrase use or enlargement
of any natural channel for municipal purposes to
include sewage treatment and pollution
prevention and the encasing and piping of the
New River to protect human health and the
natural environment.
STATUS:
07/25/2005 Signed by GOVERNOR.
07/25/2005 Chaptered by Secretary of
State. Chapter No. 112
POSITION: WATCH
CA SB 393
Special Districts
AUTHOR: Ortiz [D]
INTRODUCED: 02/17/2005
LAST AMEND: 05/10/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Appropriations
Committee
SUMMARY:
Requires audits of special purpose districts to
be performed in accordance with government
auditing standards for financial audits. Requires
the governing boards of special districts to
conduct legal and ethics orientation sessions
that governing board members would be
required to attend, if they choose to receive
compensation for their activities. Specifies
whistle -blower protections for members who
make protected disclosures of improper
governmental activities.
STATUS:
05/26/2005 In SENATE Committee on
APPROPRIATIONS: Heard, remains in
Committee.
POSITION: OPPOSE
CA SB 409
2005 Legislative Report
Legislative Session 20052006
SENATE
General Plans: Air Quality Element
AUTHOR: Kehoe [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/17/2005
LAST AMEND: 05/11/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Water, Parks and
Wildlife Committee
SUMMARY:
Requires the water supply portion of the
conservation element of a city or county's
long-term general plan to be prepared, adopted
and correlated with the land use element no
later than one year from the date specified for
the next revisions of the housing element that
occurs after a specified date.
STATUS:
06/28/2005 In ASSEMBLY Committee on
WATER, PARKS AND WILDLIFE: Failed
passage.
06/28/2005 In ASSEMBLY Committee on
WATER, PARKS AND WILDLIFE:
Reconsideration granted.
POSITION: WATCH
CA SB 426
Energy Resources Conservation: Liquifled
Natural Gas
AUTHOR: Simitian [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/17/2005
LAST AMEND: 0813112005
DISPOSITION: Pending - Carryover
LOCATION: Senate Unfinished Business
SUMMARY:
Requires the Energy Resources Conservation
and Development Commission to make a
liquefied natural gas (LNG) needs assessment
study to assess demand and supply for natural
gas and alternatives thereto to meet energy
demands and to determine the number of LNG
terminals needed to meet the projected natural
gas demand. Requires, with respect to any LNG
terminal that requires a certificate of public
convenience and necessity, no certificate be
issued unless the terminal has obtained a
permit. Requires hearings.
STATUS:
09/08/2005 In ASSEMBLY. Read third
time. Passed ASSEMBLY. *****To SENATE for
concurrence.
POSITION: WATCH
CA SB 431
33
Electricity: Repowering of Facilities
AUTHOR: Battin [R]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/17/2005
LAST AMEND: 04/2712005
DISPOSITION: Pending -Carryover
LOCATION: Senate Appropriations
Committee
SUMMARY:
Requires the Public Utilities Commission to
develop and implement a program to foster the
repowering of existing facilities for the
generation of electricity from renewable energy
resources that imposes specified requirements
on electrical corporations in connection with
their contractual relations with owners of those
facilities.
STATUS:
04/27/2005 In SENATE. Read second
time and amended. Re-referred to Committee
on APPROPRIATIONS.
POSITION: WATCH
CA SB 441
Electricity: Rates: Advanced Metering
Infrastructure
AUTHOR: Soto [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/17/2005
LAST AMEND: 08/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Inactive File
SUMMARY:
Prohibits the Public Utilities Commission from
requiring the installation of advanced metering
infrastructure for any building constructed prior
to a specified date and occupied by a customer
with average annual electricity usage of less
than 1,000 kilowatthours per month, unless the
commission first evaluates certain factors.
STATUS:
09/01/2005 In ASSEMBLY. To Inactive
File.
POSITION: WATCH
CA SB 467
Carl Moyer Air Quality Standards Attainment
Program
AUTHOR: Lowenthal [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/18/2005
ENACTED: 09/0612005
DISPOSITION: Enacted
2005 Legislative Report
Legislative Session 2005-2006
SENATE
LOCATION: Chaptered
CHAPTER: 209
SUMMARY:
Requires the State Air Resources Board to
revise grant criteria and guidelines to
incorporate projects in which an applicant turns
in a non -road internal combustion technology
and equipment that the applicant owns and that
still has some useful life, coupled with the
purchase of nonroad zero -emission technology
and equipment that is in a similar category or
that can perform the same work. Imposes
restrictions on the state board's evaluation of
the cost-effectiveness of a project.
STATUS:
09/06/2005 Signed by GOVERNOR.
09/06/2005 Chaptered by Secretary of
State. Chapter No. 209
POSITION: SUPPORT
CA SB 474
Water Quality Control: State Policy
AUTHOR: Runner G [R]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/18/2005
DISPOSITION: Pending -Carryover
LOCATION: Senate Rules Committee
SUMMARY:
Makes technical, nonsubstantive changes to
The Porter -Cologne Water Quality Control Act
that requires the State Water Resources Control
Board to formulate and adopt state policy for
water quality control.
STATUS:
03/03/2005 To SENATE Committee on
RULES.
POSITION: WATCH
CA SB 483
Special Districts
AUTHOR: Cedillo [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/1812005
DISPOSITION: Pending - Carryover
LOCATION: Senate Local Government
Committee
SUMMARY:
Relates to special district reimbursement.
Authorizes that disclosure to be made by
posting the information on the special district's
Web site.
STATUS:
03/03/2005 To SENATE Committee on
LOCAL GOVERNMENT.
34
091,
POSITION: WATCH
CA SB 501
Property Tax Revenue Allocation: Electric
Generation
AUTHOR: Machado [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/18/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Appropriations
Committee
SUMMARY:
Requires the State Board of Equalization to
transmit the assessed value of electric
generation facilities that are assessed by the
board with that estimate and property tax roll.
STATUS:
07/13/2005 In ASSEMBLY Committee on
APPROPRIATIONS: Not heard.
POSITION: WATCH
CA SB 511
County Water Authority
-- AUTHOR: Hollingsworth [R]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/1812005
LAST AMEND: 04/26/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Local Government
Committee
SUMMARY:
Provides for the formation of a county water
authority and prescribes the powers and
purposes of a county water authority. Requires
the controller of a county water authority to
prepare and transmit, as promptly as possible
after the close of each fiscal year, to the chief
executive officer of each public agency within
the boundaries of that authority a statement of
revenues and expenditures and a statement
relating to water storage and use. Provides the
timeframe for submission of statements.
STATUS:
06/09/2005 Withdrawn from ASSEMBLY
Committee on WATER, PARKS AND
WILDLIFE.
06/09/2005 Re-referred to ASSEMBLY
Committees on LOCAL GOVERNMENT and
WATER, PARKS AND WILDLIFE.
POSITION: WATCH
CA SB 543
State Water Project
AUTHOR: Margett [R]
2005 Legislative Report
Legislative Session 20052006
SENATE
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02118/2005
ENACTED: 09/22/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 263
SUMMARY:
Establishes a permit program for
encroachments on State Water Project
rights-of-way. Makes any person who makes an
alteration, improvement, encroachment, or
excavation within the right-of-way acquired for
the project, without a permit, guilty of a
misdemeanor. Provides for civil penalties.
Makes it unlawful for any person to drain water
or permit water to be drained from a person's
lands on to the right-of-way or to obstruct any
watercourse or to store or distribute water.
STATUS:
09/22/2005 Signed by GOVERNOR.
09/22/2005 Chaptered by Secretary of
State. Chapter No. 263
POSITION: WATCH
CA SB 554
Local Agency Financing
AUTHOR: Alarcon [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02118/2005
DISPOSITION: Pending -Carryover
LOCATION: Senate Rules Committee
SUMMARY:
States the intent of the Legislature to enact
legislation that would provide a clearer definition
of the term surplus with respect to local
government financing and budgets.
STATUS:
03/03/2005 To SENATE Committee on
RULES.
POSITION: WATCH
CA SB 580
Public Utilities Commission: Low -Income
Oversight
AUTHOR: Escutia [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/18/2005
ENACTED: 10/07/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 662
SUMMARY:
Relates to the Low Income Oversight Board.
35
092
Expands the duties of the board to include
advising the commission on low income water
customer issues and to serve as liaison for the
commission to those low income ratepayers and
representatives. Increases the membership of
the Board and certain requirements of the
alternative rates for energy program. Requires
an evaluation on how the use of programs and
databases may facilitate the automated
enrollment of persons in the program.
STATUS:
1010712005 Signed by GOVERNOR.
10/07/2005 Chaptered by Secretary of
State. Chapter No. 662
POSITION: WATCH
CA SB 608
Public Utilities Commission: Rate Payer
Advocates
AUTHOR: Escutia [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 09/30/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 440
SUMMARY:
Renames the Office of Ratepayer Advocates as
the Division of Ratepayer Advocates in the
Public Utilities Commission. Provides that the
purpose of the division is to represent and
advocate on behalf of the interests of the public
utility customers and subscribers within the
commission's jurisdiction. Requires the
commission to provide personnel and
resources, including legal support, to ensure
that customers and subscribers are effectively
represented. Authorizes the director to appoint a
lead attorney.
STATUS:
09/30/2005 Signed by GOVERNOR.
09/30/2005 Chaptered by Secretary of
State. Chapter No. 440
POSITION: WATCH
CA SB 628
State Energy Resources Conservation and
Development
AUTHOR:
Dutton [R]
INTRODUCED:
02/22/2005
LAST AMEND:
03/29/2005
DISPOSITION:
Pending - Carryover
LOCATION:
Senate Energy, Utilities and
Communications Committee
SUMMARY:
2005 Legislative Report
Legislative Session 20052006
SENATE
Requires the State Energy Resources
Conservation and Development Commission to
allow an applicant or interested party to present
testimony and documentary evidence
concerning any alleged misuse of administrative
procedures to exert economic pressure on a
party to enter a labor agreement with respect to
a project within the jurisdiction of the
commission. Requires the commission to take
steps to maintain its neutrality in that labor
dispute.
STATUS:
04/19/2005 In SENATE Committee on
ENERGY, UTILITIES AND
COMMUNICATIONS: Failed passage.
04/19/2005 In SENATE Committee on
ENERGY, UTILITIES AND
COMMUNICATIONS: Reconsideration granted.
POSITION: WATCH
CA SB 632
Electrical Corporations: Rates
AUTHOR: Dutton [R]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Energy, Utilities and
Communications Committee
SUMMARY:
Requires the Public Utilities Commission to
continue the availability of optional interruptible
or curtailable service at least through 12/31/09,
and would prohibit, until after that date, the
reduction of the level of the pricing incentive for
interruptible or curtailable service below the
levels in effect on 12/31/04.
STATUS:
03/03/2005 To SENATE Committee on
ENERGY, UTILITIES AND
COMMUNICATIONS.
POSITION: WATCH
CA SB 641
Electricity: Electrical Restructuring
AUTHOR: Campbell [R]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Energy, Utilities and
Communications Committee
SUMMARY:
Requires that the Public Utilities Commission
reestablish the right of end-use customers to
enter into direct transactions. Provides that the
right of end-use customers to enter into direct
transactions is to be pursuant to a
core/non-core structure, to be defined by the
commission.
36
093
STATUS:
04/26/2005 In SENATE Committee on
ENERGY, UTILITIES AND
COMMUNICATIONS: Not heard.
POSITION: WATCH
CA SB 646
Water Discharge Requirements: Waivers
AUTHOR: Kuehl [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 08/25/2005
DISPOSITION: Pending -Carryover
LOCATION: Assembly Unfinished Business
SUMMARY:
Provides conditions to be included in a waiver
for waste discharge requirements. Requires the
State Water Resources Board or a regional
water quality control board to include the
payment of an annual fee as a condition of a
waiver of certain waste discharge requirements.
Requires the annual fee to be adequate to pay
for the cost of the waiver program. Makes
provisions in connection with violations of
discharge requirements or of board orders or
prohibitions also applicable to certain violations.
STATUS:
09/08/2005 In ASSEMBLY. Read third
time. Failed to pass ASSEMBLY.
09/08/2005 In ASSEMBLY. Motion to
reconsider.
POSITION: OPPOSE
CA SB 664
Utilities: Telegraph and Telephone Lines
AUTHOR: Morrow [R]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 04/06/2005
DISPOSITION: Pending -Carryover
LOCATION: Senate Energy, Utilities and
Communications Committee
SUMMARY:
Permits telegraph or telephone corporations to
construct telegraph or telephone lines along and
upon any public road or highway, along or
across any of the waters or lands within the
state, and to erect poles, posts, piers, or
abutments for supporting the insulators, wires
and other necessary fixtures of their lines.
Provides this does not apply to construction or
placement to towers, facilities or other wireless
repeaters, amplifiers, regenerative repeaters, or
regenerators to provide mobile services.
2005 Legislative Report
Legislative Session 2005-2006
SENATE
STATUS:
04/14/2005 Withdrawn from SENATE
Committee on RULES.
04/14/2005 Re-referred to SENATE
Committee on ENERGY, UTILITIES AND
COMMUNICATIONS.
POSITION: WATCH
CA SB 669
Electricity: Cogeneration
AUTHOR: Baffin [R]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Rules Committee
SUMMARY:
Declares that it is the policy of the state to
encourage private capital investment in
customer generation to increase the state's
energy supply, to provide tools to customers to
manage their energy costs, and to reduce the
need for distribution and transmission
investments.
STATUS:
03/10/2005 To SENATE Committee on
RULES.
POSITION: WATCH
CA SB 686
Wild Animals
AUTHOR: Machado [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 04/26/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Inactive File
SUMMARY:
Relates to existing law that permits the Fish and
Game Commission, by regulation, and in
cooperation with the Department of Food and
Agriculture,to add or delete wild animals to the
list of animals that are prohibited from
importation, transportation, possession, or live
release within the state. Modifies that list by
adding and deleting specified animals.
STATUS:
09/06/2005 In ASSEMBLY. To Inactive
File.
POSITION: WATCH
CA SB 729
Water Quality
AUTHOR:
Lowenthal [D]
INTRODUCED:
02/22/2005
LAST AMEND:
04/19/2005
DISPOSITION:
Pending - Carryover
KIN
094
LOCATION: Senate Environmental Quality
Committee
SUMMARY:
Relates to the Water Resources Control Board
and regional boards. Requires the state board
to hold regular meetings, to implement a public
information program on water quality matters, to
prepare its budget in a certain manner, to
establish a water quality coordinating
committee, to prepare certain guidelines
reflecting prioritization of the cleanup of certain
state waters. Relates to the membership of
regional boards. Requires regional boards to
identify and post schedules for total maximum
daily loads.
STATUS:
04/25/2005 In SENATE Committee on
ENVIRONMENTAL QUALITY: Not heard.
POSITION: WATCH
CA SB 769
Energy Reliability and Affordability Act:
Refrigerators
AUTHOR: Simitian [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 08/15/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Appropriations
Committee
SUMMARY:
Relates to energy resources. Establishes the
Energy Reliability and Affordability Act to
increase energy reliability and affordability by
reducing the demand for energy by ratepayers
in low-income rental units. Provides a goal to
expand existing refrigerator replacement
programs by replacing a specified amount of
energy -inefficient refrigerators each year over
the 5 -year period. Requires the commission to
annually prepare and submit a report to the
Legislature about the effectiveness of the
program.
STATUS:
08/25/2005 In ASSEMBLY Committee on
APPROPRIATIONS: Heard, remains in
Committee.
POSITION: WATCH
CA SB 773
Groundwater Aquifers: Injection Wells
AUTHOR: Cox [R]
INTRODUCED: 02/22/2005
LAST AMEND: 04/19/2005
DISPOSITION: Pending - Carryover
2005 Legislative Report
Legislative Session 20052006
SENATE
LOCATION: Senate Environmental Quality
Committee
SUMMARY:
Exempts from the definition of waste drinking
water, water that is injected into storage in a
groundwater aquifer for later recovery and use.
Directs the Water Resources Control Board and
regional boards to encourage projects in which
drinking water is injected into groundwater
aquifers for later recovery and use by the public.
Requires any person who proposes to inject
drinking water into storage in an aquifer to file a
report with the regional board in whose region
the proposed injection would occur.
STATUS:
04/25/2005 In SENATE Committee on
ENVIRONMENTAL QUALITY: Heard, remains
in Committee.
POSITION: SUPPORT
CA SB 775
Regional Water Quality Control Board
Members
AUTHOR: Cox [R]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 04111/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Water, Parks and
Wildlife Committee
SUMMARY:
Permits a court upon a petition of at least 15%
of owners or governing bodies in a water
service area to appoint a watermaster in lieu of
an appointment by the Department of Water
Resources, with the powers and duties of a
watermaster appointed by the department,
except as the court otherwise orders.
STATUS:
05/31/2005 To ASSEMBLY Committee on
WATER, PARKS AND WILDLIFE.
POSITION: WATCH
CA SB 816
Electric Service Providers: Net Metering
AUTHOR: Kehoe [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 07/2112005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 105
SUMMARY:
Amends existing law that requires electric
91.1
095
service providers to develop a standard contract
or tariff providing for net energy metering, and to
make this contract available to eligible customer
generators, upon request, on a
first -come -first-served basis until the total rated
generating capacity used by eligible customer
generators exceeds 0.5% of the electric service
provider's aggregate customer peak demand.
Establishes for the San Diego Gas and Electric
Company a separate limit of 50 megawatts.
STATUS:
07/21/2005 Signed by GOVERNOR.
07121/2005 Chaptered by Secretary of
State. Chapter No. 105
POSITION: WATCH
CA SB 820
Water
AUTHOR: Kuehl [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
VETOED: 10/07/2005
DISPOSITION: Vetoed
LOCATION: Vetoed
SUMMARY:
Requires the Department of Water Resources to
prepare and deliver to all state water project
contractors, city and county planning
departments, and regional and metropolitan
planning departments within the project service
area a report that accurately sets forth, under a
range of hydrologic conditions, the then -existing
overall delivery capability of the facilities and the
allocation of that capacity to each contractor.
Relates to diversions for small domestic or
livestock stockponds. Provides exceptions.
STATUS:
10/07/2005 Vetoed by GOVERNOR.
POSITION: SUPPORT
CA SB 866
Water Use Measurement Information
AUTHOR: Kehoe [D]
INTRODUCED: 02/22/2005
LAST AMEND: 04/19/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Natural Resources and
Water Committee
SUMMARY:
Requires the Department of Water Resources to
prepare and submit to the Legislature a report
with regard to various matters concerning water
use measurement information. Requires the
department to conduct a study to determine the
cost-effectiveness of more accurate farm -gate
2005 Legislative Report
Legislative Session 20052006
SENATE
measurement and to report to the Legislature.
Requires the department to develop and
implement jointly with the Department of Health
the use of a coordinated water use reporting
database.
STATUS:
04/19/2005 From SENATE Committee on
NATURAL RESOURCES AND WATER with
authors amendments.
04/19/2005 In SENATE. Read second
time and amended. Re-referred to Committee
on NATURAL RESOURCES AND WATER.
POSITION: WATCH
CA SB 873
State Water Plan
AUTHOR: Aanestad [R]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Rules Committee
SUMMARY:
Declares the intent of the Legislature to enact
legislation to revise provisions of the law relating
to the State Water Plan.
STATUS:
03/10/2005 To SENATE Committee on
RULES.
POSITION: WATCH
CA SB 951
Public Utilities Commission: Compensation
AUTHOR: Escutia [D]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Energy, Utilities and
Communications Committee
SUMMARY:
Provides that the provisions pertaining to
participant and intervenor compensation are to
be liberally construed to promote participation
and requires the Public Utilities Commission to
award additional compensation for reasonable
costs incurred in organizing and publicizing
opportunities for participation in commission
hearings or proceedings, or in forming and
coordinating coalitions to participate in
commission hearings or proceedings.
STATUS:
03/17/2005 To SENATE Committee on
ENERGY, UTILITIES AND
COMMUNICATIONS.
POSITION: WATCH
CA SB 957
Generation Facilities
AUTHOR: Escutia [D]
39
m
INTRODUCED: 02/22/2005
DISPOSITION: Pending -Carryover
LOCATION: Senate Rules Committee
SUMMARY:
Makes technical, nonsubstantive changes to
electrical restructuring. Requires the Public
Utilities Commission to continue to regulate the
facilities for the generation of electricity owned
by any public utility before January 1, 997, that
are subject to commission regulation until the
owner of those facilities has applied to the
commission to dispose of those facilities and
has been authorized by the commission to
undertake that disposal.
STATUS:
03/17/2005 To SENATE Committee on
RULES.
POSITION: WATCH
CA SB 977
Hazardous Substances: Perchlorate
AUTHOR: Ashburn [R]
INTRODUCED: 02122/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Environmental Quality
Committee
SUMMARY:
Concerns provisions governing perchlorate
contamination prevention, defines "perchlorate"
to mean all perchlorate -containing compounds,
and "perchlorate material' to mean perchlorate
and all perchlorate -containing waste. Specifies
that "perchlorate" does not include perchlorate
located in unused military munitions.
STATUS:
05/03/2005 In SENATE Committee on
ENVIRONMENTAL QUALITY: Heard, remains
in Committee.
POSITION: WATCH
CA SB 978
Water Use: Military Land and Housing Areas
AUTHOR: Ashburn [R]
INTRODUCED: 02/2212005
DISPOSITION: Pending - Carryover
LOCATION: Senate Natural Resources and
Water Committee
SUMMARY:
Requires an urban water supplier to install water
meters on all municipal and industrial water
service connections that are located in its
service area. Requires an urban water supplier
to charge for water service each customer that
has a service connection for which a water
meter has been installed, based on the actual
volume of deliveries, as measured by a water
2005 Legislative Report
Legislative Session 2005-2006
SENATE
meter.
STATUS:
03/17/2005 To SENATE Committee on
NATURAL RESOURCES AND WATER.
POSITION: WATCH
CA SB 979
Recreational Uses of Reservoirs
AUTHOR: Environmental Quality Cmt
FISCAL COMMITTEE: no
URGENCY CLAUSE: yes
INTRODUCED: 02122/2005
ENACTED: 08/29/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 139
SUMMARY:
Deletes, for the Bear Lake Reservoir and the
Canyon Lake Reservoir, the requirement that
the Department of Health Services consult with
the entity operating the reservoir at least 60
days prior to the effective date of any additional
conditions or restrictions to ensure water purity.
Requires that the treatment meet certain state
and federal standards.
STATUS:
08/29/2005 Signed by GOVERNOR.
08/29/2005 Chaptered by Secretary of
State. Chapter No. 139
POSITION: WATCH
CA SB 984
Greenhouse Gas Emissions Reductions:
Powerplants
AUTHOR: McClintock [R]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 05/18/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Appropriations
Committee
SUMMARY:
Requires the Energy Commission to provide
identification and comparative analysis of the
life -cycle costs and environmental impacts of
existing and proposed major electric generation
technologies, including fossil, nuclear,
renewable and hydroelectric technologies.
Requires that analysis be based on a survey of
available data from government, academic,
industry and public sources.
STATUS:
05/26/2005 In SENATE Committee on
APPROPRIATIONS: Heard, remains in
Committee.
E2
G97
POSITION: WATCH
CA SB 1003
Energy Resources: Liquefied Natural Gas
Terminals
AUTHOR: Escutia [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02122/2005
LAST AMEND: 07113/2005
DISPOSITION: Pending - Carryover
LOCATION: Assembly Appropriations
Committee
SUMMARY:
Enacts the Liquefied Natural Gas Evaluation
and Terminal Permitting Act. Establishes a
permitting process for the construction and
operation of liquefied natural gas terminals.
Requires the State Energy Resources
Conservation and Development Commission to
implement the permitting process. Provides that
a permit may contain conditions necessary or
appropriate to ensure the public health, safety
and welfare and other forms of terms and
conditions. Relates to a permit issued by any
other state or local agency.
STATUS:
08/17/2005 In ASSEMBLY Committee on
APPROPRIATIONS: To Suspense File.
POSITION: WATCH
CA SB 1017
Solar Energy: Taxation
AUTHOR: Campbell [R]
INTRODUCED: 02/22/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Revenue and Taxation
Committee
SUMMARY:
Makes the Personal Income Tax Law and the
Bank and Corporation Tax Law credit applicable
for taxable years beginning on and after
January 1, 2004, and before January 1, 2006,
for certain amounts relating to the use of solar
or wind energy systems.
STATUS:
03/17/2005 To SENATE Committee on
REVENUE AND TAXATION.
POSITION: WATCH
CA SB 1026
Highway Construction Contracts:
Design -build Projects
AUTHOR: Kuehl [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
2005 Legislative Report
Legislative Session 20052006
SENATE
INTRODUCED: 02/22/2005
LAST AMEND: 09/08/2005
DISPOSITION: Pending- Carryover
LOCATION: Senate Unfinished Business
SUMMARY:
Authorizes the Los Angeles County Metropolitan
Transportation Authority to use a specified
design -build procurement process for the
construction of a high -occupancy vehicle lane in
the County of Los Angeles designated in the
National Corridor Infrastructure Improvement
Program. Requires design -build entity bidders to
provide certain information in a questionnaire
submitted to the authority that is verified under
oath.
STATUS:
09/08/2005 From ASSEMBLY Committee
on APPROPRIATIONS: Do pass as amended.
09/08/2005 In ASSEMBLY. Read third
time and amended. To third reading.
09/08/2005 In ASSEMBLY. Read third
time. Passed ASSEMBLY. *****To SENATE for
concurrence.
POSITION: WATCH
CA SB 1037
Energy Efficiency
AUTHOR: Kehoe [D]
FISCAL COMMITTEE: no
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 09/29/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 366
SUMMARY:
Requires the Public Utilities Commission to
identify all potentially achievable cost-effective
electricity efficiency savings and to establish
efficiency targets for an electrical corporation to
achieve under its procurement plan. Requires
the corporation will first meet its unmet resource
needs through all available energy efficiency
and demand reduction resources that are cost
effective, reliable and feasible. Requires the
same for natural gas entities.
STATUS:
09/29/2005 Signed by GOVERNOR.
09/29/2005 Chaptered by Secretary of
State. Chapter No. 366
POSITION: WATCH
CA SB 1048
Electrical Restructuring: Distributed Energy
Resources
AUTHOR: Machado [D]
41
INTRODUCED: 02/22/2005
LAST AMEND: 04/14/2005
DISPOSITION: Pending -Carryover
LOCATION: ASSEMBLY
SUMMARY:
States the intent of the Legislature to develop
distributed generation projects for generating
electricity utilizing natural gas produced in
association with oil production in the state, and
that these projects reduce air pollution,
economically benefit electricity consumers, and
provide economic benefits for the owners of
facilities for the generation of electricity.
STATUS:
05/09/2005 In SENATE. Read third time.
Passed SENATE. ""`To ASSEMBLY.
POSITION: WATCH
CA SB 1059
Electric Transmission Corridors
AUTHOR: Escutia [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 05/27/2005
DISPOSITION: Pending - Carryover
LOCATION: ASSEMBLY
SUMMARY:
Authorizes the Energy Resources Conservation
and Development Commission to designate a
transmission corridor zone on its own motion or
by application of a person who plans to
construct a high-voltage electric transmission
line within the state. Provides that the
designation of a transmission corridor shall
serve to identify a feasible corridor in which can
be built a future transmission line that is
consistent with the state's needs and objectives
as set forth in the plan adopted by the
commission..
STATUS:
06/01/2005 In SENATE. Read third time.
Passed SENATE. ""'To ASSEMBLY.
POSITION: WATCH
CA SB 1067
Drinking Water
AUTHOR: Kehoe [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
VETOED: 10/07/2005
DISPOSITION: Vetoed
LOCATION: Vetoed
SUMMARY:
Requires the Office of Environmental Health
2005 Legislative Report
Legislative Session 20052006
SENATE
Hazard Assessment to adopt a public health
goal for total trihalomethanes and total
haloacetic acids. Requires the Department of
Health Services to adopt regulations to ensure
any public water system that has levels of those
substances that pose a potential risk to public
health to notify its customers of the public health
risks, including any risks to pregnant women.
Sets forth notices to be included in a consumer
confidence report regarding those
contaminants.
STATUS:
10/07/2005 Vetoed by GOVERNOR.
POSITION: WATCH
CA SB 1070
Water Quality Information
AUTHOR: Kehoe [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
LAST AMEND: 08/25/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Inactive File
SUMMARY:
Requires the Water Resources Control Board to
implement a public information program
involving water quality and to maintain
information on water quality research and other
pertinent matters. Requires the board to place
on its Web site information on water quality
research, standards, regulations, enforcement
and pertinent matters. Requires the board to
prepare an inventory of water quality monitoring
activities within coastal watersheds, bays and
estuaries. Relates to a Water Quality Monitoring
Council.
STATUS:
09/06/2005 In SENATE. From third
reading. To Inactive File.
POSITION: WATCH
CA SB 1081
Maywood Riverfront Park Grant
AUTHOR: Ducheny [D]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 02/22/2005
ENACTED: 10/07/2005
DISPOSITION: Enacted
LOCATION: Chaptered
CHAPTER: 688
SUMMARY:
Appropriates funds from the River Protection
Subaccount to the Secretary of the Resources
Agency for the Maywood Riverfront Park grant.
W,
1!.
STATUS:
10/07/2005 Signed by GOVERNOR.
10/07/2005 Chaptered by Secretary of
State. Chapter No. 688
POSITION: WATCH
CA SCA 15
Eminent Domain: Condemnation
Proceedings
AUTHOR: McClintock [R]
FISCAL COMMITTEE: yes
URGENCY CLAUSE: no
INTRODUCED: 07113/2005
LAST AMEND: 08/23/2005
DISPOSITION: Pending - Carryover
LOCATION: Senate Judiciary Committee
SUMMARY:
Amends provisions of the Constitution
2005 Legislative Report
Legislative Session 2005-2006
SENATE
authorizing governmental entities to take or
damage private property for public use.
Provides that private property may be taken or
damaged only for a stated public use. Also
requires the property to be owned and occupied
by the condemnor and used only for the stated
purpose. Provides that if the property ceases to
be used for the stated public use, the former
owner has the right to reacquire the property.
Requires a county assessor to appraise the
reacquired property.
STATUS:
08/30/2005 In SENATE Committee on
JUDICIARY: Failed passage.
08/30/2005 In SENATE Committee on
JUDICIARY: Reconsideration granted.
POSITION: WATCH
9Q
too
Statistical Information
SENATE
�ASSEM66YBR
ASSEMBLY
Total:
2005 Legislative Report
Legislative Session 2005-2006
`SENATE.BI W ?USRION6, _, E112Cf¢�
68 Support 6 3
Support/Amend - -
Oppose 2
OpposelAmend
__-8 3 —_
91 Support
SuppoNAmend
Oppose
Oppose/Amend
159 Total:
,,fiiiacted"
12
6 2
7
1
19 _—
-_7-—_ 2
27
10 3
Cif
101