Section 790 Of Article 3.5. Water Utility Infrastructure, Plant And Facilities From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 3.5.
790
. (a) Whenever a water corporation sells any real property that
was at any time, but is no longer, necessary or useful in the
performance of the water corporation's duties to the public, the
water corporation shall invest the net proceeds, if any, including
interest at the rate that the commission prescribes for memorandum
accounts, from the sale in water system infrastructure, plant,
facilities, and properties that are necessary or useful in the
performance of its duties to the public. For purposes of tracking the
net proceeds and their investment, the water corporation shall
maintain records necessary to document the investment of the net
proceeds pursuant to this article. The amount of the net proceeds
shall be a water corporation's primary source of capital for
investment in utility infrastructure, plant, facilities, and
properties that are necessary or useful in the performance of the
water corporation's duties in providing water utility service to the
public.
(b) All water utility infrastructure, plant, facilities, and
properties constructed or acquired by, and used and useful to, a
water corporation by investment pursuant to subdivision (a) shall be
included among the water corporation's other utility property upon
which the commission authorizes the water corporation the opportunity
to earn a reasonable return.
(c) This article shall apply to the investment of the net proceeds
referred to in subdivision (a) for a period of 8 years from the end
of the calendar year in which the water corporation receives the net
proceeds. The balance of any net proceeds and interest thereon that
is not invested after the eight-year period shall be allocated solely
to ratepayers.
(d) Upon application by a water corporation with 10,000 or fewer
service connections, the commission may, after a hearing, by rule or
order, exempt the water corporation from the requirements of this
article.
(e) The commission retains continuing authority to determine the
used, useful, or necessary status of any and all infrastructure
improvements and investments.