SB 512: Public Utilities Commission.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-09-29
(1)The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. The Public Utilities Act provides that the office of the commission shall be in the City and County of San Francisco, that the office always be open, except on legal holidays and nonjudicial days, and that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco.
This bill would require that the commission hold its sessions at least once in each calendar month, without specifying the location.
(2)The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy, including rulemakings and investigations which may establish rules affecting an entire industry; adjudication cases are enforcement cases and complaints except those challenging the reasonableness of any rates or charges; and ratesetting cases are cases in which rates are established for a specific company. Existing law requires the commission to publish and maintain certain documents on the Internet, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided.
This bill would make the Administrative Adjudication Code of Ethics applicable to administrative law judges of the commission. Except in adjudication cases, the bill would require the commission, before determining the scope of the proceeding, where feasible and appropriate, to seek the participation of those who are likely to be affected by a decision in the proceeding. The bill would, until January 1, 2020, require the Policy and Planning Division of the commission to undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and to make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success. The bill would require the commission to include a docket card that lists the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses on its Internet Web site. The bill would require the commission to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the commissions ratemaking process.
(3)The Public Utilities Act requires the commission to develop, publish, and annually update an annual workplan that does all of the following: (A) describes in clear detail the scheduled ratemaking proceedings and other decisions that may be considered by the commission during the calendar year, (B) includes information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided, (C) includes information on the operation of the office of the public advisor and identifies the names and telephone numbers of those contact persons responsible for specific cases and matters to be decided, and (D) includes a statement that specifies activities that the commission proposes to reduce the costs of, and rates for, energy, including electricity, and for improving the competitive opportunities for state agriculture and other rural energy consumers. The act requires the commission to submit the workplan to the Governor and Legislature by February 1 of each year.
This bill would require the commission to develop, publish, and annually update a report that contains certain specified information, as provided, and would expand the requirement that the workplan, as part of that report, describe in clear detail the scheduled proceedings that may be considered by the commission during the calendar year to include all proceedings and not just ratemaking proceedings. The bill would additionally require that the report include performance criteria for the commission and executive director and evaluate the performance of the executive director during the previous year based on the criteria established in the prior years workplan. The bill would require the report to include a list of the public meetings held outside San Francisco in the previous year and a schedule of meetings anticipated to be held outside San Francisco during the upcoming year. The bill would require the commission to post the report in a conspicuous area of its Internet Web site and disseminate the information in the report, as provided.
(4)The Public Utilities Act requires the commission to submit an annual report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos and the days that commissioners presided in hearings.
This bill would delete the requirement that the report include the number of cases where resolution exceeded the time periods prescribed in scoping memos and instead would require the commission to annually submit a report to the Legislature on the commissions timeliness in resolving cases and include information on the disposition of applications for rehearings. The bill would require that the report include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines for all adjudication, ratesetting, and quasi-legislative cases.
(5)The Public Utilities Act provides intervenor compensation for reasonable advocates fees, reasonable expert witness fees, and other reasonable costs to public utility customers or their representatives for participation or intervention in any proceeding of the commission based, in part, upon whether the intervenor would experience significant financial hardship and makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision. Existing law precludes a local government entity from receiving intervenor compensation by excluding them from the definition of a customer for purposes of the intervenor compensation provisions.
This bill would state the intent of the Legislature that intervenors be compensated for making a substantial contribution to proceedings of the commission, regardless of whether a settlement agreement is reached. The bill would permit intervenor compensation to be paid to cities, counties, and cities and counties that intervene or participate in commission proceedings to the extent that their involvement was for the purpose of protecting health and safety, under specified circumstances. The bill would make conforming changes.
Existing law requires a public utility that is the subject of the hearing, investigation, or proceeding in which intervenor fees are awarded to pay those intervenor fees within 30 days and makes the failure to do so a crime.
By expanding the obligation of a public utility to pay intervenor fees to an eligible local government entity, the bill would impose a state-mandated local program by expanding the application of an existing crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. The Public Utilities Act provides that the office of the commission shall be in the City and County of San Francisco, that the office always be open, except on legal holidays and nonjudicial days, and that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco.
This bill would require that the commission hold its sessions at least once in each calendar month, without specifying the location.
(2)The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy, including rulemakings and investigations which may establish rules affecting an entire industry; adjudication cases are enforcement cases and complaints except those challenging the reasonableness of any rates or charges; and ratesetting cases are cases in which rates are established for a specific company. Existing law requires the commission to publish and maintain certain documents on the Internet, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided.
This bill would make the Administrative Adjudication Code of Ethics applicable to administrative law judges of the commission. Except in adjudication cases, the bill would require the commission, before determining the scope of the proceeding, where feasible and appropriate, to seek the participation of those who are likely to be affected by a decision in the proceeding. The bill would, until January 1, 2020, require the Policy and Planning Division of the commission to undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and to make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success. The bill would require the commission to include a docket card that lists the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses on its Internet Web site. The bill would require the commission to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the commissions ratemaking process.
(3)The Public Utilities Act requires the commission to develop, publish, and annually update an annual workplan that does all of the following: (A) describes in clear detail the scheduled ratemaking proceedings and other decisions that may be considered by the commission during the calendar year, (B) includes information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided, (C) includes information on the operation of the office of the public advisor and identifies the names and telephone numbers of those contact persons responsible for specific cases and matters to be decided, and (D) includes a statement that specifies activities that the commission proposes to reduce the costs of, and rates for, energy, including electricity, and for improving the competitive opportunities for state agriculture and other rural energy consumers. The act requires the commission to submit the workplan to the Governor and Legislature by February 1 of each year.
This bill would require the commission to develop, publish, and annually update a report that contains certain specified information, as provided, and would expand the requirement that the workplan, as part of that report, describe in clear detail the scheduled proceedings that may be considered by the commission during the calendar year to include all proceedings and not just ratemaking proceedings. The bill would additionally require that the report include performance criteria for the commission and executive director and evaluate the performance of the executive director during the previous year based on the criteria established in the prior years workplan. The bill would require the report to include a list of the public meetings held outside San Francisco in the previous year and a schedule of meetings anticipated to be held outside San Francisco during the upcoming year. The bill would require the commission to post the report in a conspicuous area of its Internet Web site and disseminate the information in the report, as provided.
(4)The Public Utilities Act requires the commission to submit an annual report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos and the days that commissioners presided in hearings.
This bill would delete the requirement that the report include the number of cases where resolution exceeded the time periods prescribed in scoping memos and instead would require the commission to annually submit a report to the Legislature on the commissions timeliness in resolving cases and include information on the disposition of applications for rehearings. The bill would require that the report include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines for all adjudication, ratesetting, and quasi-legislative cases.
(5)The Public Utilities Act provides intervenor compensation for reasonable advocates fees, reasonable expert witness fees, and other reasonable costs to public utility customers or their representatives for participation or intervention in any proceeding of the commission based, in part, upon whether the intervenor would experience significant financial hardship and makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision. Existing law precludes a local government entity from receiving intervenor compensation by excluding them from the definition of a customer for purposes of the intervenor compensation provisions.
This bill would state the intent of the Legislature that intervenors be compensated for making a substantial contribution to proceedings of the commission, regardless of whether a settlement agreement is reached. The bill would permit intervenor compensation to be paid to cities, counties, and cities and counties that intervene or participate in commission proceedings to the extent that their involvement was for the purpose of protecting health and safety, under specified circumstances. The bill would make conforming changes.
Existing law requires a public utility that is the subject of the hearing, investigation, or proceeding in which intervenor fees are awarded to pay those intervenor fees within 30 days and makes the failure to do so a crime.
By expanding the obligation of a public utility to pay intervenor fees to an eligible local government entity, the bill would impose a state-mandated local program by expanding the application of an existing crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. The Public Utilities Act provides that the office of the commission shall be in the City and County of San Francisco, that the office always be open, except on legal holidays and nonjudicial days, and that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco.
This bill would require that the commission hold its sessions at least once in each calendar month, without specifying the location.
(2)The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy, including rulemakings and investigations which may establish rules affecting an entire industry; adjudication cases are enforcement cases and complaints except those challenging the reasonableness of any rates or charges; and ratesetting cases are cases in which rates are established for a specific company. Existing law requires the commission to publish and maintain certain documents on the Internet, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided.
This bill would make the Administrative Adjudication Code of Ethics applicable to administrative law judges of the commission. Except in adjudication cases, the bill would require the commission, before determining the scope of the proceeding, where feasible and appropriate, to seek the participation of those who are likely to be affected by a decision in the proceeding. The bill would, until January 1, 2020, require the Policy and Planning Division of the commission to undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and to make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success. The bill would require the commission to include a docket card that lists the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses on its Internet Web site. The bill would require the commission to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the commissions ratemaking process.
(3)The Public Utilities Act requires the commission to develop, publish, and annually update an annual workplan that does all of the following: (A) describes in clear detail the scheduled ratemaking proceedings and other decisions that may be considered by the commission during the calendar year, (B) includes information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided, (C) includes information on the operation of the office of the public advisor and identifies the names and telephone numbers of those contact persons responsible for specific cases and matters to be decided, and (D) includes a statement that specifies activities that the commission proposes to reduce the costs of, and rates for, energy, including electricity, and for improving the competitive opportunities for state agriculture and other rural energy consumers. The act requires the commission to submit the workplan to the Governor and Legislature by February 1 of each year.
This bill would require the commission to develop, publish, and annually update a report that contains certain specified information, as provided, and would expand the requirement that the workplan, as part of that report, describe in clear detail the scheduled proceedings that may be considered by the commission during the calendar year to include all proceedings and not just ratemaking proceedings. The bill would additionally require that the report include performance criteria for the commission and executive director and evaluate the performance of the executive director during the previous year based on the criteria established in the prior years workplan. The bill would require the report to include a list of the public meetings held outside San Francisco in the previous year and a schedule of meetings anticipated to be held outside San Francisco during the upcoming year. The bill would require the commission to post the report in a conspicuous area of its Internet Web site and disseminate the information in the report, as provided.
(4)The Public Utilities Act requires the commission to submit an annual report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos and the days that commissioners presided in hearings.
This bill would delete the requirement that the report include the number of cases where resolution exceeded the time periods prescribed in scoping memos and instead would require the commission to annually submit a report to the Legislature on the commissions timeliness in resolving cases and include information on the disposition of applications for rehearings. The bill would require that the report include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines for all adjudication, ratesetting, and quasi-legislative cases.
(5)The Public Utilities Act provides intervenor compensation for reasonable advocates fees, reasonable expert witness fees, and other reasonable costs to public utility customers or their representatives for participation or intervention in any proceeding of the commission based, in part, upon whether the intervenor would experience significant financial hardship and makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision. Existing law precludes a local government entity from receiving intervenor compensation by excluding them from the definition of a customer for purposes of the intervenor compensation provisions.
This bill would state the intent of the Legislature that intervenors be compensated for making a substantial contribution to proceedings of the commission, regardless of whether a settlement agreement is reached. The bill would permit intervenor compensation to be paid to certain local government entities cities, counties, and cities and counties that intervene or participate in commission proceedings to the extent that their involvement was for the purpose of protecting health and safety, under specified circumstances. The bill would make conforming changes.
Existing law requires a public utility that is the subject of the hearing, investigation, or proceeding in which intervenor fees are awarded to pay those intervenor fees within 30 days and makes the failure to do so a crime.
By expanding the obligation of a public utility to pay intervenor fees to an eligible local government entity, the bill would impose a state-mandated local program by expanding the application of an existing crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. The Public Utilities Act provides that the office of the commission shall be in the City and County of San Francisco, that the office always be open, except on legal holidays and nonjudicial days, and that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco.
This bill would require that the commission hold its sessions at least once in each calendar month, without specifying the location.
(2)The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy, including rulemakings and investigations which may establish rules affecting an entire industry; adjudication cases are enforcement cases and complaints except those challenging the reasonableness of any rates or charges; and ratesetting cases are cases in which rates are established for a specific company. Existing law requires the commission to publish and maintain certain documents on the Internet, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided.
This bill would make the Administrative Adjudication Code of Ethics applicable to administrative law judges of the commission. Except in adjudication cases, the bill would require the commission, before determining the scope of the proceeding, where feasible and appropriate, to seek the participation of those who are likely to be affected by a decision in the proceeding. The bill would, until January 1, 2020, require the Policy and Planning Division of the commission to undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and to make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success. The bill would require the commission to include a docket card that lists the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses on its Internet Web site. The bill would require the commission to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the commissions ratemaking process.
(3)The Public Utilities Act requires the commission to develop, publish, and annually update an annual workplan that does all of the following: (A) describes in clear detail the scheduled ratemaking proceedings and other decisions that may be considered by the commission during the calendar year, (B) includes information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided, (C) includes information on the operation of the office of the public advisor and identifies the names and telephone numbers of those contact persons responsible for specific cases and matters to be decided, and (D) includes a statement that specifies activities that the commission proposes to reduce the costs of, and rates for, energy, including electricity, and for improving the competitive opportunities for state agriculture and other rural energy consumers. The act requires the commission to submit the workplan to the Governor and Legislature by February 1 of each year.
This bill would require the commission to develop, publish, and annually update a report that contains certain specified information, as provided, and would expand the requirement that the workplan, as part of that report, describe in clear detail the scheduled proceedings that may be considered by the commission during the calendar year to include all proceedings and not just ratemaking proceedings. The bill would additionally require that the report include performance criteria for the commission and executive director and evaluate the performance of the executive director during the previous year based on the criteria established in the prior years workplan. The bill would require the report to include a list of the public meetings held outside San Francisco in the previous year and a schedule of meetings anticipated to be held outside San Francisco during the upcoming year. The bill would require the commission to post the report in a conspicuous area of its Internet Web site and disseminate the information in the report, as provided.
(4)The Public Utilities Act requires the commission to submit an annual report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos and the days that commissioners presided in hearings.
This bill would delete the requirement that the report include the number of cases where resolution exceeded the time periods prescribed in scoping memos and instead would require the commission to annually submit a report to the Legislature on the commissions timeliness in resolving cases and include information on the disposition of applications for rehearings. The bill would require that the report include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines for all adjudication, ratesetting, and quasi-legislative cases.
(5)The Public Utilities Act provides intervenor compensation for reasonable advocates fees, reasonable expert witness fees, and other reasonable costs to public utility customers or their representatives for participation or intervention in any proceeding of the commission based, in part, upon whether the intervenor would experience significant financial hardship and makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision. Existing law precludes a local government entity from receiving intervenor compensation by excluding them from the definition of a customer for purposes of the intervenor compensation provisions.
The bill would permit intervenor compensation to be paid to certain local government entities that intervene or participate in commission proceedings to the extent that their involvement was for the purpose of protecting health and safety, under specified circumstances. The bill would make conforming changes.
Existing law requires a public utility that is the subject of the hearing, investigation, or proceeding in which intervenor fees are awarded to pay those intervenor fees within 30 days and makes the failure to do so a crime.
By expanding the obligation of a public utility to pay intervenor fees to an eligible local government entity, the bill would impose a state-mandated local program by expanding the application of an existing crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. The Public Utilities Act provides that the office of the commission shall be in the City and County of San Francisco, that the office always be open, except on legal holidays and nonjudicial days, and that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco.
This bill would require that the commission hold its sessions at least once in each calendar month, without specifying the location.
(2)The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy, including rulemakings and investigations which may establish rules affecting an entire industry; adjudication cases are enforcement cases and complaints except those challenging the reasonableness of any rates or charges; and ratesetting cases are cases in which rates are established for a specific company. Existing law requires the commission to publish and maintain certain documents on the Internet, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided.
This bill would make the Administrative Adjudication Code of Ethics applicable to administrative law judges of the commission. Except in adjudication cases, the bill would require the commission, before determining the scope of the proceeding, where feasible and appropriate, to seek the participation of those who are likely to be affected by a decision in the proceeding. The bill would, until January 1, 2020, require the Policy and Planning Division of the commission to undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and to make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success. The bill would require the commission to include a docket card that lists the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses on its Internet Web site. The bill would require the commission to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the commissions ratemaking process.
(3)The Public Utilities Act requires the commission to develop, publish, and annually update an annual workplan that does all of the following: (A) describes in clear detail the scheduled ratemaking proceedings and other decisions that may be considered by the commission during the calendar year, (B) includes information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided, (C) includes information on the operation of the office of the public advisor and identifies the names and telephone numbers of those contact persons responsible for specific cases and matters to be decided, and (D) includes a statement that specifies activities that the commission proposes to reduce the costs of, and rates for, energy, including electricity, and for improving the competitive opportunities for state agriculture and other rural energy consumers. The act requires the commission to submit the workplan to the Governor and Legislature by February 1 of each year.
This bill would require the commission to develop, publish, and annually update a report that contains certain specified information, as provided, and would expand the requirement that the workplan, as part of that report, describe in clear detail the scheduled proceedings that may be considered by the commission during the calendar year to include all proceedings and not just ratemaking proceedings. The bill would additionally require that the report include performance criteria for the commission and executive director and evaluate the performance of the executive director during the previous year based on the criteria established in the prior years workplan. The bill would require the report to include a list of the public meetings held outside San Francisco in the previous year and a schedule of meetings anticipated to be held outside San Francisco during the upcoming year. The bill would require the commission to post the report in a conspicuous area of its Internet Web site and disseminate the information in the report, as provided.
(4)The Public Utilities Act requires the commission to submit an annual report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos and the days that commissioners presided in hearings.
This bill would delete the requirement that the report include the number of cases where resolution exceeded the time periods prescribed in scoping memos and instead would require the commission to annually submit a report to the Legislature on the commissions timeliness in resolving cases and include information on the disposition of applications for rehearings. The bill would require that the report include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines for all adjudication, ratesetting, and quasi-legislative cases.
(5)The Public Utilities Act provides intervenor compensation for reasonable advocates fees, reasonable expert witness fees, and other reasonable costs to public utility customers or their representatives for participation or intervention in any proceeding of the commission based, in part, upon whether the intervenor would experience significant financial hardship and makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision. Existing law precludes a local government entity from receiving intervenor compensation by excluding them from the definition of a customer for purposes of the intervenor compensation provisions.
The bill would permit intervenor compensation to be paid to certain local government entities that intervene or participate in commission proceedings to the extent that their involvement was for the purpose of protecting health and safety, under specified circumstances. The bill would make conforming changes.
Existing law requires a public utility that is the subject of the hearing, investigation, or proceeding in which intervenor fees are awarded to pay those intervenor fees within 30 days and makes the failure to do so a crime.
By expanding the obligation of a public utility to pay intervenor fees to an eligible local government entity, the bill would impose a state-mandated local program by expanding the application of an existing crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. The Public Utilities Act provides that the office of the commission shall be in the City and County of San Francisco, that the office always be open, except on legal holidays and nonjudicial days, and that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco.
This bill would require that the commission hold its sessions at least once in each calendar month, without specifying the location.
(2)The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy, including rulemakings and investigations which may establish rules affecting an entire industry; adjudication cases are enforcement cases and complaints except those challenging the reasonableness of any rates or charges; and ratesetting cases are cases in which rates are established for a specific company. Existing law requires the commission to publish and maintain certain documents on the Internet, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided.
This bill would make the Administrative Adjudication Code of Ethics applicable to administrative law judges of the commission. Except in adjudication cases, the bill would require the commission, before determining the scope of the proceeding, where feasible and appropriate, to seek the participation of those who are likely to be affected by a decision in the proceeding. The bill would, until January 1, 2020, require the Policy and Planning Division of the commission to undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and to make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success. The bill would require the commission to include a docket card that lists the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses on its Internet Web site. The bill would require the commission to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the commissions ratemaking process.
(3)The Public Utilities Act requires the commission to develop, publish, and annually update an annual workplan that does all of the following: (A) describes in clear detail the scheduled ratemaking proceedings and other decisions that may be considered by the commission during the calendar year, (B) includes information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided, (C) includes information on the operation of the office of the public advisor and identifies the names and telephone numbers of those contact persons responsible for specific cases and matters to be decided, and (D) includes a statement that specifies activities that the commission proposes to reduce the costs of, and rates for, energy, including electricity, and for improving the competitive opportunities for state agriculture and other rural energy consumers. The act requires the commission to submit the workplan to the Governor and Legislature by February 1 of each year.
This bill would require the commission to develop, publish, and annually update a report that contains certain specified information, as provided, and would expand the requirement that the workplan, as part of that report, describe in clear detail the scheduled proceedings that may be considered by the commission during the calendar year to include all proceedings and not just ratemaking proceedings. The bill would additionally require that the report include performance criteria for the commission and executive director and evaluate the performance of the executive director during the previous year based on the criteria established in the prior years workplan. The bill would require the report to include a list of the public meetings held outside San Francisco in the previous year and a schedule of meetings anticipated to be held outside San Francisco during the upcoming year. The bill would require the commission to post the report in a conspicuous area of its Internet Web site and disseminate the information in the report, as provided.
(4)The Public Utilities Act requires the commission to submit an annual report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos and the days that commissioners presided in hearings.
This bill would delete the requirement that the report include the number of cases where resolution exceeded the time periods prescribed in scoping memos and instead would require the commission to annually submit a report to the Legislature on the commissions timeliness in resolving cases and include information on the disposition of applications for rehearings. The bill would require that the report include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines for all adjudication, ratesetting, and quasi-legislative cases.
(5)The Public Utilities Act provides intervenor compensation for reasonable advocates fees, reasonable expert witness fees, and other reasonable costs to public utility customers or their representatives for participation or intervention in any proceeding of the commission based, in part, upon whether the intervenor would experience significant financial hardship and makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision. Existing law precludes a local government entity from receiving intervenor compensation by excluding them from the definition of a customer for purposes of the intervenor compensation provisions.
The bill would permit intervenor compensation to be paid to certain local government entities that intervene or participate in commission proceedings to the extent that their involvement was for the purpose of protecting health and safety, under specified circumstances. The bill would make conforming changes.
Existing law requires a public utility that is the subject of the hearing, investigation, or proceeding in which intervenor fees are awarded to pay those intervenor fees within 30 days and makes the failure to do so a crime.
By expanding the obligation of a public utility to pay intervenor fees to an eligible local government entity, the bill would impose a state-mandated local program by expanding the application of an existing crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. The Public Utilities Act provides that the office of the commission shall be in the City and County of San Francisco, that the office always be open, except on legal holidays and nonjudicial days, and that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco, and authorizes the commission to meet at those other times and places as may be expedient and necessary for the proper performance of its duties. Francisco.
This bill would require that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco or the City of Sacramento and would require that the commission hold no less than 6 sessions each year in the City of Sacramento. month, without specifying the location.
(2)The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy, including rulemakings and investigations which may establish rules affecting an entire industry; adjudication cases are enforcement cases and complaints except those challenging the reasonableness of any rates or charges; and ratesetting cases are cases in which rates are established for a specific company. Existing law requires the commission to publish and maintain certain documents on the Internet, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided.
This bill would make the Administrative Adjudication Code of Ethics applicable to administrative law judges of the commission. Except in adjudication cases, the bill would require the commission, before instituting a proceeding on its own motion, determining the scope of the proceeding, where feasible and appropriate, to seek the views participation of those who are likely to be affected by a decision in the proceeding. The bill would, until January 1, 2020, require the Policy and Planning Division of the commission to undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and to make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success. The bill would require the commission to include a docket card that lists the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses on its Internet Web site. The bill would require the commission to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the commissions ratemaking process.
(3)The Public Utilities Act requires the commission to develop, publish, and annually update an annual workplan that does all of the following: (A) describes in clear detail the scheduled ratemaking proceedings and other decisions that may be considered by the commission during the calendar year, (B) includes information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided, (C) includes information on the operation of the office of the public adviser advisor and identifies the names and telephone numbers of those contact persons responsible for specific cases and matters to be decided, and (D) includes a statement that specifies activities that the commission proposes to reduce the costs of, and rates for, energy, including electricity, and for improving the competitive opportunities for state agriculture and other rural energy consumers. The act requires the commission to submit the workplan to the Governor and Legislature by February 1 of each year.
This bill would require the commission to develop, publish, and annually update a report that contains certain specified information, as provided, and would expand the requirement that the workplan, as part of that report, describe in clear detail the scheduled proceedings that may be considered by the commission during the calendar year to include all proceedings and not just ratemaking proceedings. The bill would additionally require that the report include performance criteria for the commission and executive director and evaluate the performance of the executive director during the previous year based on the criteria established in the prior years workplan. The bill would require the report to include a list of the public meetings held outside San Francisco in the previous year and a schedule of meetings anticipated to be held outside San Francisco during the upcoming year. The bill would require the commission to post the report in a conspicuous area of its Internet Web site and disseminate the information in the report, as provided.
(4)The Public Utilities Act requires the commission to submit a an annual report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos and the days that commissioners presided in hearings.
This bill would delete the requirement that the report include the number of cases where resolution exceeded the time periods prescribed in scoping memos and instead would require the commission to annually submit a report to the Legislature on the commissions timeliness in resolving cases and include information on the disposition of applications for rehearings. The bill would require that the report include the number of scoping memos issued in each proceeding and to include the number of orders issued extending the statutory deadlines for all adjudication, ratesetting, and quasi-legislative cases.
(5)The Public Utilities Act provides intervenor compensation for reasonable advocates fees, reasonable expert witness fees, and other reasonable costs to public utility customers or their representatives for participation or intervention in any proceeding of the commission based, in part, upon whether the intervenor would experience significant financial hardship and makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision. Existing law precludes a local government entity from receiving intervenor compensation by excluding them from the definition of a customer for purposes of the intervenor compensation provisions.
The bill would permit intervenor compensation to be paid to certain local government entities that intervene or participate in commission proceedings to the extent that their involvement was for the purpose of protecting health and safety, under specified circumstances. The bill would make conforming changes.
Existing law requires a public utility that is the subject of the hearing, investigation, or proceeding in which intervenor fees are awarded to pay those intervenor fees within 30 days and makes the failure to do so a crime.
By expanding the obligation of a public utility to pay intervenor fees to an eligible local government entity, the bill would impose a state-mandated local program by expanding the application of an existing crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. The Public Utilities Act provides that the office of the commission shall be in the City and County of San Francisco, that the office always be open, except on legal holidays and nonjudicial days, that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco, and authorizes the commission to meet at those other times and places as may be expedient and necessary for the proper performance of its duties.
This bill would require that the commission hold its sessions at least once in each calendar month in the City and County of San Francisco or the City of Sacramento and would require that the commission hold no less than 6 sessions each year in the City of Sacramento.
(2)The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy, including rulemakings and investigations which may establish rules affecting an entire industry; adjudication cases are enforcement cases and complaints except those challenging the reasonableness of any rates or charges; and ratesetting cases are cases in which rates are established for a specific company. Existing law requires the commission to publish and maintain certain documents on the Internet, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided.
This bill would make the Administrative Adjudication Code of Ethics applicable to administrative law judges of the commission. Except in adjudication cases, the bill would require the commission, before instituting a proceeding on its own motion, where feasible and appropriate, to seek the views of those who are likely to be affected by a decision in the proceeding. The bill would require the commission to include a docket card that lists the public versions of all prepared written testimony and advice letter filings, protests, and responses on its Internet Web site. The bill would require the commission to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the commissions ratemaking process.
(3)The Public Utilities Act requires the commission to develop, publish, and annually update an annual workplan that does all of the following: (A) describes in clear detail the scheduled ratemaking proceedings and other decisions that may be considered by the commission during the calendar year, (B) includes information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided, (C) includes information on the operation of the office of the public adviser and identifies the names and telephone numbers of those contact persons responsible for specific cases and matters to be decided, and (D) includes a statement that specifies activities that the commission proposes to reduce the costs of, and rates for, energy, including electricity, and for improving the competitive opportunities for state agriculture and other rural energy consumers. The act requires the commission to submit the workplan to the Governor and Legislature by February 1 of each year.
This bill would require the commission to develop, publish, and annually update a report that contains certain specified information, as provided, and would expand the requirement that the workplan, as part of that report, describe in clear detail the scheduled proceedings that may be considered by the commission during the calendar year to include all proceedings and not just ratemaking proceedings. The bill would additionally require that the report include performance criteria for the commission and executive director and evaluate the performance of the executive director during the previous year based on the criteria established in the prior years workplan. The bill would require the commission to post the report in a conspicuous area of its Internet Web site and disseminate the information in the report, as provided.
(4)The Public Utilities Act requires the commission to submit a report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos and the days that commissioners presided in hearings.
This bill would delete the requirement that the report include the number of cases where resolution exceeded the time periods prescribed in scoping memos and instead would require the commission to annually submit a report to the Legislature on the commissions timeliness in resolving cases and include information on the disposition of applications for rehearings. The bill would require that the report include the number of scoping memos issued in each proceeding and to include the number of orders issued extending the statutory deadlines for all adjudication, ratesetting, and quasi-legislative cases.
Existing law requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency. Existing law requires each local agency to furnish local summary criminal history information to specified entities, including, but not limited to, the courts of the state, peace officers, district attorneys, probation officers, and parole officers, when the information is needed in the course of their duties.
This bill would require local criminal justice agencies to additionally furnish summary criminal history information to city, county, and city and county health services personnel who are engaged in efforts to identify and treat individuals who have alcohol abuse, substance abuse, or mental health issues, for the purpose of providing assessment, treatment, rehabilitation, or other health care to those individuals. By imposing new duties upon a local criminal justice agency with respect to furnishing local summary criminal history information, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency. Existing law requires each local agency to furnish local summary criminal history information to specified entities, including, but not limited to, the courts of the state, peace officers, district attorneys, probation officers, and parole officers, when the information is needed in the course of their duties.
This bill would require local criminal justice agencies to additionally furnish summary criminal history information to city, county, and city and county health services personnel who are engaged in efforts to identify and treat individuals who have alcohol abuse, substance abuse, or mental health issues, for the purpose of providing assessment, treatment, rehabilitation, or other health care to those individuals. By imposing new duties upon a local criminal justice agency with respect to furnishing local summary criminal history information, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law authorizes the Public Utilities Commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires a public utility to furnish and maintain adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public.
This bill would make nonsubstantive revisions in these provisions.
Existing law authorizes the Public Utilities Commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable. Existing law requires a public utility to furnish and maintain adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public.
This bill would make nonsubstantive revisions in these provisions.
(a)The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month. The commission may also meet at such other times and in such places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices.
(b)The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
In addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, meeting shall include all investigations, proceedings, and showings required by law to be open and public.
(c)The commission shall have a seal, bearing the inscription Public Utilities Commission State of California. The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct.
(d)The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances.
SEC. 2.Section 311.5 of the Public Utilities Code is amended to read:311.5.(a)(1)Prior to commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.
(2)In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. Publication of the agenda and agenda item documents shall occur on the Internet at the same time as the written agenda and agenda item documents are made available to the public.
(b)The commission shall publish and maintain the following documents on the Internet:
(1)Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.
(2)Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 days of the adoption of each decision or resolution by the commission.
(3)The then-current version of the commissions general orders and Rules of Practice and Procedure.
(4)Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.
(5)A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.
(c)The commission shall make the following information available on the Internet:
(1)Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.
(2)Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.
SEC. 3.Section 910 of the Public Utilities Code is repealed.SEC. 4.Section 910 is added to the Public Utilities Code, to read:910.(a)The commission shall develop, publish, and annually update a report that contains all of the following information:
(1)A workplan that describes in clear detail the scheduled proceedings and other decisions that may be considered by the commission during the calendar year.
(2)Performance criteria for the commission and the executive director, and an evaluation of the performance of the executive director during the previous year based on criteria established in the prior years workplan.
(3)An accounting of the commissions transactions and proceedings from the prior year, together with other facts, suggestions, and recommendations that the commission deems of value to the people of the state. The accounting shall include the activities that the commission has taken, and plans to take, to reduce the costs of, and the rates for, water and energy, including electricity, to improve the competitiveness of the states industries, including agriculture, and, to the extent possible, shall include suggestions and recommendations for the reduction of those costs and rates.
(4)A description of activities taken and processes instituted to both solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings and to process that input in a way that makes it usable in commission decisionmaking. The report shall describe the successes and challenges of these processes, the effect of resource constraints, and efforts to be made during the calendar year to further the goal of increased public participation.
(5)A list of the public meetings held outside San Francisco in the previous year, and a schedule of meetings anticipated to be held outside San Francisco during the coming year.
(b)(1)The commission shall submit the report required pursuant to subdivision (a) to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, no later than February 1 of each year.
(2)The commission shall post the report in a conspicuous area of its Internet Web site and shall have a program to disseminate the information in the report using computer mailing lists to provide regular updates on the information to those members of the public and organizations that request that information.
SEC. 5.Section 910.1 of the Public Utilities Code is amended to read:910.1.The commission shall annually submit a report to the Legislature on the commissions timeliness in resolving cases, information on the disposition of applications for rehearings, and the days that commissioners presided in hearings. The report shall include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines pursuant to subdivision (e) of Section 1701.2, for all adjudication cases, and pursuant to subdivision (a) of Section 1701.5, for all ratesetting or quasi-legislative cases.
SEC. 6.Section 1701 of the Public Utilities Code is amended to read:1701.(a)All hearings, investigations, and proceedings shall be governed by this part and by rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testimony shall invalidate any order, decision, or rule made, approved, or confirmed by the commission.
(b)Notwithstanding Section 11425.10 of the Government Code, Articles 1 to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.
SEC. 7.Section 1711 is added to the Public Utilities Code, to read:1711.(a)Where feasible and appropriate, except for adjudication cases, before determining the scope of the proceeding, the commission shall seek the participation of those who are likely to be affected, including those who are likely to benefit from, and those who are potentially subject to, a decision in that proceeding. The commission shall demonstrate its efforts to comply with this section in the text of the initial scoping memo of the proceeding.
(b)(1)The Policy and Planning Division of the commission shall undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success.
(2)This subdivision shall remain in effect only until January 1, 2020, and shall have no force or effect on or after that date, unless a later enacted statute that is chaptered before January 1, 2020, deletes or extends that date.
SEC. 8.Section 1801.3 of the Public Utilities Code is amended to read:1801.3.It is the intent of the Legislature that:
(a)The provisions of this article shall apply to all formal proceedings of the commission involving electrical, gas, water, and telephone utilities.
(b)The provisions of this article shall be administered in a manner that encourages the effective and efficient participation of all groups that have a stake in the public utility regulation process.
(c)The process for finding eligibility for intervenor compensation be streamlined, by simplifying the preliminary showing by an intervenor of issues, budget, and costs.
(d)Intervenors be compensated for making a substantial contribution to proceedings of the commission, as determined by the commission in its orders and decisions, regardless of whether a settlement agreement is reached.
(e)Intervenor compensation be awarded to eligible intervenors in a timely manner, within a reasonable period after the intervenor has made the substantial contribution to a proceeding that is the basis for the compensation award.
(f)This article shall be administered in a manner that avoids unproductive or unnecessary participation that duplicates the participation of similar interests otherwise adequately represented or participation that is not necessary for a fair determination of the proceeding.
SEC. 9.Section 1802 of the Public Utilities Code is amended to read:1802.As used in this article:
(a)Compensation means payment for all or part, as determined by the commission, of reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any.
(b)(1)Customer means any of the following:
(A)A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission.
(B)A representative who has been authorized by a customer.
(C)A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation.
(2)Customer does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commissions opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding.
(c)Expert witness fees means recorded or billed costs incurred by a customer for an expert witness.
(d)Eligible local government entity means a city, county, or city and county that is not a publicly owned public utility that intervenes or participates in a commission proceeding for the purpose of protecting the health and safety of the residents within the entitys jurisdiction following a catastrophic material loss suffered by its residents either in significant damage to infrastructure or loss of life and property, or both, as a direct result of public utility infrastructure.
(e)Other reasonable costs means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution.
(f)Party means any interested party, respondent public utility, or commission staff in a hearing or proceeding.
(g)Proceeding means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission.
(h)Significant financial hardship means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocates fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding.
(i)Small commercial customer means any nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of small commercial customer, including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers.
(j)Substantial contribution means that, in the judgment of the commission, the customers presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customers participation has resulted in a substantial contribution, even if the decision adopts that customers contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocates fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation.
SEC. 10.Section 1802.4 is added to the Public Utilities Code, to read:1802.4.An eligible local government entity is eligible for an award of compensation pursuant to this article for its involvement to the extent that the involvement was for the purpose of protecting health and safety within the entitys jurisdiction and to the extent that the involvement was germane to the material loss suffered by its residents.
SEC. 11.Section 1803.1 is added to the Public Utilities Code, to read:1803.1.The commission shall adopt a policy to allow reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a hearing or proceeding to an eligible local government entity that complies with Section 1804 and satisfies all of the following requirements:
(a)The entitys presentation makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision.
(b)Participation or intervention without an award of fees or costs imposes a significant financial hardship.(c)The subject of the hearing or proceeding is the result of a triggering event, as determined by the commission, that significantly impacted the residents of the local government entity.SEC. 12.Section 1804 of the Public Utilities Code is amended to read:1804.(a)(1)A customer who, or eligible local government entity that, intends to seek an award under this article shall, within 30 days after the prehearing conference is held, file and serve on all parties to the proceeding a notice of intent to claim compensation. In cases where no prehearing conference is scheduled or where the commission anticipates that the proceeding will take less than 30 days, the commission may determine the procedure to be used in filing these requests. In cases where the schedule would not reasonably allow parties to identify issues within the timeframe set forth above, or where new issues emerge subsequent to the time set for filing, the commission may determine an appropriate procedure for accepting new or revised notices of intent.
(2)(A)The notice of intent to claim compensation shall include both of the following:
(i)A statement of the nature and extent of the customers or eligible local government entitys planned participation in the proceeding as far as it is possible to set it out when the notice of intent is filed.
(ii)An itemized estimate of the compensation that the customer or eligible local government entity expects to request, given the likely duration of the proceeding as it appears at the time.
(B)The notice of intent may also include a showing by the customer or eligible local government entity that participation in the hearing or proceeding would pose a significant financial hardship. Alternatively, such a showing shall be included in the request submitted pursuant to subdivision (c).
(C)Within 15 days after service of the notice of intent to claim compensation, the administrative law judge may direct the staff, and may permit any other interested party, to file a statement responding to the notice.
(b)(1)If the customers or eligible local government entitys showing of significant financial hardship was included in the notice filed pursuant to subdivision (a), the administrative law judge, in consultation with the assigned commissioner, shall issue within 30 days thereafter a preliminary ruling addressing whether the customer or eligible local government entity will be eligible for an award of compensation. The ruling shall address whether a showing of significant financial hardship has been made. A finding of significant financial hardship shall create a rebuttable presumption of eligibility for compensation in other commission proceedings commencing within one year of the date of that finding.
(2)The administrative law judge may, in any event, issue a ruling addressing issues raised by the notice of intent to claim compensation. The ruling may point out similar positions, areas of potential duplication in showings, unrealistic expectation for compensation, and any other matter that may affect the customers or eligible local government entitys ultimate claim for compensation. Failure of the ruling to point out similar positions or potential duplication or any other potential impact on the ultimate claim for compensation shall not imply approval of any claim for compensation. A finding of significant financial hardship in no way ensures compensation. Similarly, the failure of the customer or eligible local government entity to identify a specific issue in the notice of intent or to precisely estimate potential compensation shall not preclude an award of reasonable compensation if a substantial contribution is made.
(c)Following issuance of a final order or decision by the commission in the hearing or proceeding, a customer who, or eligible local government entity that, has been found, pursuant to subdivision (b), to be eligible for an award of compensation may file within 60 days a request for an award. The request shall include at a minimum a detailed description of services and expenditures and a description of the customers or eligible local government entitys substantial contribution to the hearing or proceeding. Within 30 days after service of the request, the commission staff may file, and any other party may file, a response to the request.
(d)The commission may audit the records and books of the customer or eligible local government entity to the extent necessary to verify the basis for the award. The commission shall preserve the confidentiality of the customers or eligible local government entitys records in making its audit. Within 20 days after completion of the audit, if any, the commission shall direct that an audit report shall be prepared and filed. Any other party may file a response to the audit report within 20 days thereafter.
(e)Within 75 days after the filing of a request for compensation pursuant to subdivision (c), or within 50 days after the filing of an audit report, whichever occurs later, the commission shall issue a decision that determines whether or not the customer or eligible local government entity has made a substantial contribution to the final order or decision in the hearing or proceeding. If the commission finds that the customer or eligible local government entity requesting compensation has made a substantial contribution, the commission shall describe this substantial contribution and shall determine the amount of compensation to be paid pursuant to Section 1806.
SEC. 13.Section 1808 of the Public Utilities Code is amended to read:1808.The commission shall deny any award to any customer or eligible local government entity that attempts to delay or obstruct the orderly and timely fulfillment of the commissions responsibilities.
SEC. 14.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month. The commission may also meet at such other times and in such places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices.
(b)The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
In addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, meeting shall include all investigations, proceedings, and showings required by law to be open and public.
(c)The commission shall have a seal, bearing the inscription Public Utilities Commission State of California. The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct.
(d)The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances.
SEC. 2.Section 311.5 of the Public Utilities Code is amended to read:311.5.(a)(1)Prior to commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.
(2)In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. Publication of the agenda and agenda item documents shall occur on the Internet at the same time as the written agenda and agenda item documents are made available to the public.
(b)The commission shall publish and maintain the following documents on the Internet:
(1)Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.
(2)Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 days of the adoption of each decision or resolution by the commission.
(3)The then-current version of the commissions general orders and Rules of Practice and Procedure.
(4)Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.
(5)A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.
(c)The commission shall make the following information available on the Internet:
(1)Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.
(2)Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.
SEC. 3.Section 910 of the Public Utilities Code is repealed.SEC. 4.Section 910 is added to the Public Utilities Code, to read:910.(a)The commission shall develop, publish, and annually update a report that contains all of the following information:
(1)A workplan that describes in clear detail the scheduled proceedings and other decisions that may be considered by the commission during the calendar year.
(2)Performance criteria for the commission and the executive director, and an evaluation of the performance of the executive director during the previous year based on criteria established in the prior years workplan.
(3)An accounting of the commissions transactions and proceedings from the prior year, together with other facts, suggestions, and recommendations that the commission deems of value to the people of the state. The accounting shall include the activities that the commission has taken, and plans to take, to reduce the costs of, and the rates for, water and energy, including electricity, to improve the competitiveness of the states industries, including agriculture, and, to the extent possible, shall include suggestions and recommendations for the reduction of those costs and rates.
(4)A description of activities taken and processes instituted to both solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings and to process that input in a way that makes it usable in commission decisionmaking. The report shall describe the successes and challenges of these processes, the effect of resource constraints, and efforts to be made during the calendar year to further the goal of increased public participation.
(5)A list of the public meetings held outside San Francisco in the previous year, and a schedule of meetings anticipated to be held outside San Francisco during the coming year.
(b)(1)The commission shall submit the report required pursuant to subdivision (a) to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, no later than February 1 of each year.
(2)The commission shall post the report in a conspicuous area of its Internet Web site and shall have a program to disseminate the information in the report using computer mailing lists to provide regular updates on the information to those members of the public and organizations that request that information.
SEC. 5.Section 910.1 of the Public Utilities Code is amended to read:910.1.The commission shall annually submit a report to the Legislature on the commissions timeliness in resolving cases, information on the disposition of applications for rehearings, and the days that commissioners presided in hearings. The report shall include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines pursuant to subdivision (e) of Section 1701.2, for all adjudication cases, and pursuant to subdivision (a) of Section 1701.5, for all ratesetting or quasi-legislative cases.
SEC. 6.Section 1701 of the Public Utilities Code is amended to read:1701.(a)All hearings, investigations, and proceedings shall be governed by this part and by rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testimony shall invalidate any order, decision, or rule made, approved, or confirmed by the commission.
(b)Notwithstanding Section 11425.10 of the Government Code, Articles 1 to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.
SEC. 7.Section 1711 is added to the Public Utilities Code, to read:1711.(a)Where feasible and appropriate, except for adjudication cases, before determining the scope of the proceeding, the commission shall seek the participation of those who are likely to be affected, including those who are likely to benefit from, and those who are potentially subject to, a decision in that proceeding. The commission shall demonstrate its efforts to comply with this section in the text of the initial scoping memo of the proceeding.
(b)(1)The Policy and Planning Division of the commission shall undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success.
(2)This subdivision shall remain in effect only until January 1, 2020, and shall have no force or effect on or after that date, unless a later enacted statute that is chaptered before January 1, 2020, deletes or extends that date.
SEC. 8.Section 1801.3 of the Public Utilities Code is amended to read:1801.3.It is the intent of the Legislature that:
(a)The provisions of this article shall apply to all formal proceedings of the commission involving electrical, gas, water, and telephone utilities.
(b)The provisions of this article shall be administered in a manner that encourages the effective and efficient participation of all groups that have a stake in the public utility regulation process.
(c)The process for finding eligibility for intervenor compensation be streamlined, by simplifying the preliminary showing by an intervenor of issues, budget, and costs.
(d)Intervenors be compensated for making a substantial contribution to proceedings of the commission, as determined by the commission in its orders and decisions, regardless of whether a settlement agreement is reached.
(e)Intervenor compensation be awarded to eligible intervenors in a timely manner, within a reasonable period after the intervenor has made the substantial contribution to a proceeding that is the basis for the compensation award.
(f)This article shall be administered in a manner that avoids unproductive or unnecessary participation that duplicates the participation of similar interests otherwise adequately represented or participation that is not necessary for a fair determination of the proceeding.
SEC. 9.Section 1802 of the Public Utilities Code is amended to read:1802.As used in this article:
(a)Compensation means payment for all or part, as determined by the commission, of reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any.
(b)(1)Customer means any of the following:
(A)A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission.
(B)A representative who has been authorized by a customer.
(C)A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation.
(2)Customer does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commissions opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding.
(c)Expert witness fees means recorded or billed costs incurred by a customer for an expert witness.
(d)Eligible local government entity means a city, county, or city and county that is not a publicly owned public utility that intervenes or participates in a commission proceeding for the purpose of protecting the health and safety of the residents within the entitys jurisdiction following a catastrophic material loss suffered by its residents either in significant damage to infrastructure or loss of life and property, or both, as a direct result of public utility infrastructure.
(e)Other reasonable costs means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution.
(f)Party means any interested party, respondent public utility, or commission staff in a hearing or proceeding.
(g)Proceeding means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission.
(h)Significant financial hardship means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocates fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding.
(i)Small commercial customer means any nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of small commercial customer, including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers.
(j)Substantial contribution means that, in the judgment of the commission, the customers presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customers participation has resulted in a substantial contribution, even if the decision adopts that customers contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocates fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation.
SEC. 10.Section 1802.4 is added to the Public Utilities Code, to read:1802.4.An eligible local government entity is eligible for an award of compensation pursuant to this article for its involvement to the extent that the involvement was for the purpose of protecting health and safety within the entitys jurisdiction and to the extent that the involvement was germane to the material loss suffered by its residents.
SEC. 11.Section 1803.1 is added to the Public Utilities Code, to read:1803.1.The commission shall adopt a policy to allow reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a hearing or proceeding to an eligible local government entity that complies with Section 1804 and satisfies all of the following requirements:
(a)The entitys presentation makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision.
(b)Participation or intervention without an award of fees or costs imposes a significant financial hardship.(c)The subject of the hearing or proceeding is the result of a triggering event, as determined by the commission, that significantly impacted the residents of the local government entity.SEC. 12.Section 1804 of the Public Utilities Code is amended to read:1804.(a)(1)A customer who, or eligible local government entity that, intends to seek an award under this article shall, within 30 days after the prehearing conference is held, file and serve on all parties to the proceeding a notice of intent to claim compensation. In cases where no prehearing conference is scheduled or where the commission anticipates that the proceeding will take less than 30 days, the commission may determine the procedure to be used in filing these requests. In cases where the schedule would not reasonably allow parties to identify issues within the timeframe set forth above, or where new issues emerge subsequent to the time set for filing, the commission may determine an appropriate procedure for accepting new or revised notices of intent.
(2)(A)The notice of intent to claim compensation shall include both of the following:
(i)A statement of the nature and extent of the customers or eligible local government entitys planned participation in the proceeding as far as it is possible to set it out when the notice of intent is filed.
(ii)An itemized estimate of the compensation that the customer or eligible local government entity expects to request, given the likely duration of the proceeding as it appears at the time.
(B)The notice of intent may also include a showing by the customer or eligible local government entity that participation in the hearing or proceeding would pose a significant financial hardship. Alternatively, such a showing shall be included in the request submitted pursuant to subdivision (c).
(C)Within 15 days after service of the notice of intent to claim compensation, the administrative law judge may direct the staff, and may permit any other interested party, to file a statement responding to the notice.
(b)(1)If the customers or eligible local government entitys showing of significant financial hardship was included in the notice filed pursuant to subdivision (a), the administrative law judge, in consultation with the assigned commissioner, shall issue within 30 days thereafter a preliminary ruling addressing whether the customer or eligible local government entity will be eligible for an award of compensation. The ruling shall address whether a showing of significant financial hardship has been made. A finding of significant financial hardship shall create a rebuttable presumption of eligibility for compensation in other commission proceedings commencing within one year of the date of that finding.
(2)The administrative law judge may, in any event, issue a ruling addressing issues raised by the notice of intent to claim compensation. The ruling may point out similar positions, areas of potential duplication in showings, unrealistic expectation for compensation, and any other matter that may affect the customers or eligible local government entitys ultimate claim for compensation. Failure of the ruling to point out similar positions or potential duplication or any other potential impact on the ultimate claim for compensation shall not imply approval of any claim for compensation. A finding of significant financial hardship in no way ensures compensation. Similarly, the failure of the customer or eligible local government entity to identify a specific issue in the notice of intent or to precisely estimate potential compensation shall not preclude an award of reasonable compensation if a substantial contribution is made.
(c)Following issuance of a final order or decision by the commission in the hearing or proceeding, a customer who, or eligible local government entity that, has been found, pursuant to subdivision (b), to be eligible for an award of compensation may file within 60 days a request for an award. The request shall include at a minimum a detailed description of services and expenditures and a description of the customers or eligible local government entitys substantial contribution to the hearing or proceeding. Within 30 days after service of the request, the commission staff may file, and any other party may file, a response to the request.
(d)The commission may audit the records and books of the customer or eligible local government entity to the extent necessary to verify the basis for the award. The commission shall preserve the confidentiality of the customers or eligible local government entitys records in making its audit. Within 20 days after completion of the audit, if any, the commission shall direct that an audit report shall be prepared and filed. Any other party may file a response to the audit report within 20 days thereafter.
(e)Within 75 days after the filing of a request for compensation pursuant to subdivision (c), or within 50 days after the filing of an audit report, whichever occurs later, the commission shall issue a decision that determines whether or not the customer or eligible local government entity has made a substantial contribution to the final order or decision in the hearing or proceeding. If the commission finds that the customer or eligible local government entity requesting compensation has made a substantial contribution, the commission shall describe this substantial contribution and shall determine the amount of compensation to be paid pursuant to Section 1806.
SEC. 13.Section 1808 of the Public Utilities Code is amended to read:1808.The commission shall deny any award to any customer or eligible local government entity that attempts to delay or obstruct the orderly and timely fulfillment of the commissions responsibilities.
SEC. 14.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month. The commission may also meet at such other times and in such places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices.
(b)The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
In addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, meeting shall include all investigations, proceedings, and showings required by law to be open and public.
(c)The commission shall have a seal, bearing the inscription Public Utilities Commission State of California. The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct.
(d)The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances.
SEC. 2.Section 311.5 of the Public Utilities Code is amended to read:311.5.(a)(1)Prior to commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.
(2)In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. Publication of the agenda and agenda item documents shall occur on the Internet at the same time as the written agenda and agenda item documents are made available to the public.
(b)The commission shall publish and maintain the following documents on the Internet:
(1)Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.
(2)Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 days of the adoption of each decision or resolution by the commission.
(3)The then-current version of the commissions general orders and Rules of Practice and Procedure.
(4)Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.
(5)A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.
(c)The commission shall make the following information available on the Internet:
(1)Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.
(2)Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.
SEC. 3.Section 910 of the Public Utilities Code is repealed.SEC. 4.Section 910 is added to the Public Utilities Code, to read:910.(a)The commission shall develop, publish, and annually update a report that contains all of the following information:
(1)A workplan that describes in clear detail the scheduled proceedings and other decisions that may be considered by the commission during the calendar year.
(2)Performance criteria for the commission and the executive director, and an evaluation of the performance of the executive director during the previous year based on criteria established in the prior years workplan.
(3)An accounting of the commissions transactions and proceedings from the prior year, together with other facts, suggestions, and recommendations that the commission deems of value to the people of the state. The accounting shall include the activities that the commission has taken, and plans to take, to reduce the costs of, and the rates for, water and energy, including electricity, to improve the competitiveness of the states industries, including agriculture, and, to the extent possible, shall include suggestions and recommendations for the reduction of those costs and rates.
(4)A description of activities taken and processes instituted to both solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings and to process that input in a way that makes it usable in commission decisionmaking. The report shall describe the successes and challenges of these processes, the effect of resource constraints, and efforts to be made during the calendar year to further the goal of increased public participation.
(5)A list of the public meetings held outside San Francisco in the previous year, and a schedule of meetings anticipated to be held outside San Francisco during the coming year.
(b)(1)The commission shall submit the report required pursuant to subdivision (a) to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, no later than February 1 of each year.
(2)The commission shall post the report in a conspicuous area of its Internet Web site and shall have a program to disseminate the information in the report using computer mailing lists to provide regular updates on the information to those members of the public and organizations that request that information.
SEC. 5.Section 910.1 of the Public Utilities Code is amended to read:910.1.The commission shall annually submit a report to the Legislature on the commissions timeliness in resolving cases, information on the disposition of applications for rehearings, and the days that commissioners presided in hearings. The report shall include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines pursuant to subdivision (e) of Section 1701.2, for all adjudication cases, and pursuant to subdivision (a) of Section 1701.5, for all ratesetting or quasi-legislative cases.
SEC. 6.Section 1701 of the Public Utilities Code is amended to read:1701.(a)All hearings, investigations, and proceedings shall be governed by this part and by rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testimony shall invalidate any order, decision, or rule made, approved, or confirmed by the commission.
(b)Notwithstanding Section 11425.10 of the Government Code, Articles 1 to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.
SEC. 7.Section 1711 is added to the Public Utilities Code, to read:1711.(a)Where feasible and appropriate, except for adjudication cases, before determining the scope of the proceeding, the commission shall seek the participation of those who are likely to be affected, including those who are likely to benefit from, and those who are potentially subject to, a decision in that proceeding. The commission shall demonstrate its efforts to comply with this section in the text of the initial scoping memo of the proceeding.
(b)(1)The Policy and Planning Division of the commission shall undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success.
(2)This subdivision shall remain in effect only until January 1, 2020, and shall have no force or effect on or after that date, unless a later enacted statute that is chaptered before January 1, 2020, deletes or extends that date.
SEC. 8.Section 1801.3 of the Public Utilities Code is amended to read:1801.3.It is the intent of the Legislature that:
(a)The provisions of this article shall apply to all formal proceedings of the commission involving electric, electrical, gas, water, and telephone utilities.
(b)The provisions of this article shall be administered in a manner that encourages the effective and efficient participation of all groups that have a stake in the public utility regulation process.
(c)The process for finding eligibility for intervenor compensation be streamlined, by simplifying the preliminary showing by an intervenor of issues, budget, and costs.
(d)Intervenors be compensated for making a substantial contribution to proceedings of the commission, as determined by the commission in its orders and decisions. decisions, regardless of whether a settlement agreement is reached.
(e)Intervenor compensation be awarded to eligible intervenors in a timely manner, within a reasonable period after the intervenor has made the substantial contribution to a proceeding that is the basis for the compensation award.
(f)This article shall be administered in a manner that avoids unproductive or unnecessary participation that duplicates the participation of similar interests otherwise adequately represented or participation that is not necessary for a fair determination of the proceeding.
SEC. 8.SEC. 9.Section 1802 of the Public Utilities Code is amended to read:1802.As used in this article:
(a)Compensation means payment for all or part, as determined by the commission, of reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any.
(b)(1)Customer means any of the following:
(A)A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission.
(B)A representative who has been authorized by a customer.
(C)A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation.
(2)Customer does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commissions opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding.
(c)Expert witness fees means recorded or billed costs incurred by a customer for an expert witness.
(d)Eligible local government entity means a local government entity city, county, or city and county that is not a publicly owned public utility that intervenes or participates in a commission proceeding for the purpose of protecting the health and safety of the residents within the entitys jurisdiction after suffering following a catastrophic material loss, loss suffered by its residents either in significant damage to infrastructure or loss of life and property, or both, as a direct result of public utility infrastructure.
(e)Other reasonable costs means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution.
(f)Party means any interested party, respondent public utility, or commission staff in a hearing or proceeding.
(g)Proceeding means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission.
(h)Significant financial hardship means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocates fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding.
(i)Small commercial customer means any nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of small commercial customer, including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers.
(j)Substantial contribution means that, in the judgment of the commission, the customers presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customers participation has resulted in a substantial contribution, even if the decision adopts that customers contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocates fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation.
SEC. 9.SEC. 10.Section 1802.4 is added to the Public Utilities Code, to read:1802.4.An eligible local government entity is eligible for an award of compensation pursuant to this article for its involvement to the extent that the involvement was for the purpose of protecting health and safety within the entitys jurisdiction and to the extent that the involvement was germane to the material loss suffered. suffered by its residents.
SEC. 10.SEC. 11.Section 1803.1 is added to the Public Utilities Code, to read:1803.1.The commission shall adopt a policy to allow reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a hearing or proceeding to an eligible local government entity that complies with Section 1804 and satisfies all of the following requirements:
(a)The entitys presentation makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision.
(b)Participation or intervention without an award of fees or costs imposes a significant financial hardship.(c)The subject of the hearing or proceeding is the result of a triggering event, as determined by the commission, that significantly impacted the residents of the local government entity.SEC. 11.SEC. 12.Section 1804 of the Public Utilities Code is amended to read:1804.(a)(1)A customer who, or eligible local government entity that, intends to seek an award under this article shall, within 30 days after the prehearing conference is held, file and serve on all parties to the proceeding a notice of intent to claim compensation. In cases where no prehearing conference is scheduled or where the commission anticipates that the proceeding will take less than 30 days, the commission may determine the procedure to be used in filing these requests. In cases where the schedule would not reasonably allow parties to identify issues within the timeframe set forth above, or where new issues emerge subsequent to the time set for filing, the commission may determine an appropriate procedure for accepting new or revised notices of intent.
(2)(A)The notice of intent to claim compensation shall include both of the following:
(i)A statement of the nature and extent of the customers or eligible local government entitys planned participation in the proceeding as far as it is possible to set it out when the notice of intent is filed.
(ii)An itemized estimate of the compensation that the customer or eligible local government entity expects to request, given the likely duration of the proceeding as it appears at the time.
(B)The notice of intent may also include a showing by the customer or eligible local government entity that participation in the hearing or proceeding would pose a significant financial hardship. Alternatively, such a showing shall be included in the request submitted pursuant to subdivision (c).
(C)Within 15 days after service of the notice of intent to claim compensation, the administrative law judge may direct the staff, and may permit any other interested party, to file a statement responding to the notice.
(b)(1)If the customers or eligible local government entitys showing of significant financial hardship was included in the notice filed pursuant to subdivision (a), the administrative law judge, in consultation with the assigned commissioner, shall issue within 30 days thereafter a preliminary ruling addressing whether the customer or eligible local government entity will be eligible for an award of compensation. The ruling shall address whether a showing of significant financial hardship has been made. A finding of significant financial hardship shall create a rebuttable presumption of eligibility for compensation in other commission proceedings commencing within one year of the date of that finding.
(2)The administrative law judge may, in any event, issue a ruling addressing issues raised by the notice of intent to claim compensation. The ruling may point out similar positions, areas of potential duplication in showings, unrealistic expectation for compensation, and any other matter that may affect the customers or eligible local government entitys ultimate claim for compensation. Failure of the ruling to point out similar positions or potential duplication or any other potential impact on the ultimate claim for compensation shall not imply approval of any claim for compensation. A finding of significant financial hardship in no way ensures compensation. Similarly, the failure of the customer or eligible local government entity to identify a specific issue in the notice of intent or to precisely estimate potential compensation shall not preclude an award of reasonable compensation if a substantial contribution is made.
(c)Following issuance of a final order or decision by the commission in the hearing or proceeding, a customer who, or eligible local government entity that, has been found, pursuant to subdivision (b), to be eligible for an award of compensation may file within 60 days a request for an award. The request shall include at a minimum a detailed description of services and expenditures and a description of the customers or eligible local government entitys substantial contribution to the hearing or proceeding. Within 30 days after service of the request, the commission staff may file, and any other party may file, a response to the request.
(d)The commission may audit the records and books of the customer or eligible local government entity to the extent necessary to verify the basis for the award. The commission shall preserve the confidentiality of the customers or eligible local government entitys records in making its audit. Within 20 days after completion of the audit, if any, the commission shall direct that an audit report shall be prepared and filed. Any other party may file a response to the audit report within 20 days thereafter.
(e)Within 75 days after the filing of a request for compensation pursuant to subdivision (c), or within 50 days after the filing of an audit report, whichever occurs later, the commission shall issue a decision that determines whether or not the customer or eligible local government entity has made a substantial contribution to the final order or decision in the hearing or proceeding. If the commission finds that the customer or eligible local government entity requesting compensation has made a substantial contribution, the commission shall describe this substantial contribution and shall determine the amount of compensation to be paid pursuant to Section 1806.
SEC. 12.SEC. 13.Section 1808 of the Public Utilities Code is amended to read:1808.The commission shall deny any award to any customer or eligible local government entity that attempts to delay or obstruct the orderly and timely fulfillment of the commissions responsibilities.
SEC. 13.SEC. 14.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month. The commission may also meet at such other times and in such places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices.
(b)The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
In addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, meeting shall include all investigations, proceedings, and showings required by law to be open and public.
(c)The commission shall have a seal, bearing the inscription Public Utilities Commission State of California. The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct.
(d)The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances.
SEC. 2.Section 311.5 of the Public Utilities Code is amended to read:311.5.(a)(1)Prior to commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.
(2)In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. Publication of the agenda and agenda item documents shall occur on the Internet at the same time as the written agenda and agenda item documents are made available to the public.
(b)The commission shall publish and maintain the following documents on the Internet:
(1)Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.
(2)Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 days of the adoption of each decision or resolution by the commission.
(3)The then-current version of the commissions general orders and Rules of Practice and Procedure.
(4)Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.
(5)A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.
(c)The commission shall make the following information available on the Internet:
(1)Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.
(2)Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.
SEC. 3.Section 910 of the Public Utilities Code is repealed.SEC. 4.Section 910 is added to the Public Utilities Code, to read:910.(a)The commission shall develop, publish, and annually update a report that contains all of the following information:
(1)A workplan that describes in clear detail the scheduled proceedings and other decisions that may be considered by the commission during the calendar year.
(2)Performance criteria for the commission and the executive director, and an evaluation of the performance of the executive director during the previous year based on criteria established in the prior years workplan.
(3)An accounting of the commissions transactions and proceedings from the prior year, together with other facts, suggestions, and recommendations that the commission deems of value to the people of the state. The accounting shall include the activities that the commission has taken, and plans to take, to reduce the costs of, and the rates for, water and energy, including electricity, to improve the competitiveness of the states industries, including agriculture, and, to the extent possible, shall include suggestions and recommendations for the reduction of those costs and rates.
(4)A description of activities taken and processes instituted to both solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings and to process that input in a way that makes it usable in commission decisionmaking. The report shall describe the successes and challenges of these processes, the effect of resource constraints, and efforts to be made during the calendar year to further the goal of increased public participation.
(5)A list of the public meetings held outside San Francisco in the previous year, and a schedule of meetings anticipated to be held outside San Francisco during the coming year.
(b)(1)The commission shall submit the report required pursuant to subdivision (a) to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, no later than February 1 of each year.
(2)The commission shall post the report in a conspicuous area of its Internet Web site and shall have a program to disseminate the information in the report using computer mailing lists to provide regular updates on the information to those members of the public and organizations that request that information.
SEC. 5.Section 910.1 of the Public Utilities Code is amended to read:910.1.The commission shall annually submit a report to the Legislature on the commissions timeliness in resolving cases, information on the disposition of applications for rehearings, and the days that commissioners presided in hearings. The report shall include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines pursuant to subdivision (e) of Section 1701.2, for all adjudication cases, and pursuant to subdivision (a) of Section 1701.5, for all ratesetting or quasi-legislative cases.
SEC. 6.Section 1701 of the Public Utilities Code is amended to read:1701.(a)All hearings, investigations, and proceedings shall be governed by this part and by rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testimony shall invalidate any order, decision, or rule made, approved, or confirmed by the commission.
(b)Notwithstanding Section 11425.10 of the Government Code, Articles 1 to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.
SEC. 7.Section 1711 is added to the Public Utilities Code, to read:1711.(a)Where feasible and appropriate, except for adjudication cases, before determining the scope of the proceeding, the commission shall seek the participation of those who are likely to be affected, including those who are likely to benefit from, and those who are potentially subject to, a decision in that proceeding. The commission shall demonstrate its efforts to comply with this section in the text of the initial scoping memo of the proceeding.
(b)(1)The Policy and Planning Division of the commission shall undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success.
(2)This subdivision shall remain in effect only until January 1, 2020, and shall have no force or effect on or after that date, unless a later enacted statute that is chaptered before January 1, 2020, deletes or extends that date.
SEC. 8.Section 1802 of the Public Utilities Code is amended to read:1802.As used in this article:
(a)Compensation means payment for all or part, as determined by the commission, of reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any.
(b)(1)Customer means any of the following:
(A)A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission.
(B)A representative who has been authorized by a customer.
(C)A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation.
(2)Customer does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commissions opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding.
(c)Expert witness fees means recorded or billed costs incurred by a customer for an expert witness.
(d)Eligible local government entity means a local government entity that is not a publicly owned public utility that intervenes or participates in a commission proceeding for the purpose of protecting the health and safety of the residents within the entitys jurisdiction after suffering a catastrophic material loss, either in significant damage to infrastructure or loss of life and property, or both, as a direct result of public utility infrastructure.
(e)Other reasonable costs means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution.
(f)Party means any interested party, respondent public utility, or commission staff in a hearing or proceeding.
(g)Proceeding means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission.
(h)Significant financial hardship means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocates fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding.
(i)Small commercial customer means any nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of small commercial customer, including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers.
(j)Substantial contribution means that, in the judgment of the commission, the customers presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customers participation has resulted in a substantial contribution, even if the decision adopts that customers contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocates fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation.
SEC. 9.Section 1802.4 is added to the Public Utilities Code, to read:1802.4.An eligible local government entity is eligible for an award of compensation pursuant to this article for its involvement to the extent that the involvement was for the purpose of protecting health and safety within the entitys jurisdiction and to the extent that the involvement was germane to the material loss suffered.
SEC. 10.Section 1803.1 is added to the Public Utilities Code, to read:1803.1.Pursuant to Section 1802.4, the The commission shall award adopt a policy to allow reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a hearing or proceeding to an eligible local government entity that complies with Section 1804 and satisfies both all of the following requirements:
(a)The entitys presentation makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision.
(b)Participation or intervention without an award of fees or costs imposes a significant financial hardship.
(c)The subject of the hearing or proceeding is the result of a triggering event, as determined by the commission, that significantly impacted the residents of the local government entity.
SEC. 11.Section 1804 of the Public Utilities Code is amended to read:1804.(a)(1)A customer who, or eligible local government entity that, intends to seek an award under this article shall, within 30 days after the prehearing conference is held, file and serve on all parties to the proceeding a notice of intent to claim compensation. In cases where no prehearing conference is scheduled or where the commission anticipates that the proceeding will take less than 30 days, the commission may determine the procedure to be used in filing these requests. In cases where the schedule would not reasonably allow parties to identify issues within the timeframe set forth above, or where new issues emerge subsequent to the time set for filing, the commission may determine an appropriate procedure for accepting new or revised notices of intent.
(2)(A)The notice of intent to claim compensation shall include both of the following:
(i)A statement of the nature and extent of the customers or eligible local government entitys planned participation in the proceeding as far as it is possible to set it out when the notice of intent is filed.
(ii)An itemized estimate of the compensation that the customer or eligible local government entity expects to request, given the likely duration of the proceeding as it appears at the time.
(B)The notice of intent may also include a showing by the customer or eligible local government entity that participation in the hearing or proceeding would pose a significant financial hardship. Alternatively, such a showing shall be included in the request submitted pursuant to subdivision (c).
(C)Within 15 days after service of the notice of intent to claim compensation, the administrative law judge may direct the staff, and may permit any other interested party, to file a statement responding to the notice.
(b)(1)If the customers or eligible local government entitys showing of significant financial hardship was included in the notice filed pursuant to subdivision (a), the administrative law judge, in consultation with the assigned commissioner, shall issue within 30 days thereafter a preliminary ruling addressing whether the customer or eligible local government entity will be eligible for an award of compensation. The ruling shall address whether a showing of significant financial hardship has been made. A finding of significant financial hardship shall create a rebuttable presumption of eligibility for compensation in other commission proceedings commencing within one year of the date of that finding.
(2)The administrative law judge may, in any event, issue a ruling addressing issues raised by the notice of intent to claim compensation. The ruling may point out similar positions, areas of potential duplication in showings, unrealistic expectation for compensation, and any other matter that may affect the customers or eligible local government entitys ultimate claim for compensation. Failure of the ruling to point out similar positions or potential duplication or any other potential impact on the ultimate claim for compensation shall not imply approval of any claim for compensation. A finding of significant financial hardship in no way ensures compensation. Similarly, the failure of the customer or eligible local government entity to identify a specific issue in the notice of intent or to precisely estimate potential compensation shall not preclude an award of reasonable compensation if a substantial contribution is made.
(c)Following issuance of a final order or decision by the commission in the hearing or proceeding, a customer who, or eligible local government entity that, has been found, pursuant to subdivision (b), to be eligible for an award of compensation may file within 60 days a request for an award. The request shall include at a minimum a detailed description of services and expenditures and a description of the customers or eligible local government entitys substantial contribution to the hearing or proceeding. Within 30 days after service of the request, the commission staff may file, and any other party may file, a response to the request.
(d)The commission may audit the records and books of the customer or eligible local government entity to the extent necessary to verify the basis for the award. The commission shall preserve the confidentiality of the customers or eligible local government entitys records in making its audit. Within 20 days after completion of the audit, if any, the commission shall direct that an audit report shall be prepared and filed. Any other party may file a response to the audit report within 20 days thereafter.
(e)Within 75 days after the filing of a request for compensation pursuant to subdivision (c), or within 50 days after the filing of an audit report, whichever occurs later, the commission shall issue a decision that determines whether or not the customer or eligible local government entity has made a substantial contribution to the final order or decision in the hearing or proceeding. If the commission finds that the customer or eligible local government entity requesting compensation has made a substantial contribution, the commission shall describe this substantial contribution and shall determine the amount of compensation to be paid pursuant to Section 1806.
SEC. 12.Section 1808 of the Public Utilities Code is amended to read:1808.The commission shall deny any award to any customer or eligible local government entity that attempts to delay or obstruct the orderly and timely fulfillment of the commissions responsibilities.
SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month. The commission may also meet at such other times and in such places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices.
(b)The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
In addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, meeting shall include all investigations, proceedings, and showings required by law to be open and public.
(c)The commission shall have a seal, bearing the inscription Public Utilities Commission State of California. The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct.
(d)The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances.
SEC. 2.Section 311.5 of the Public Utilities Code is amended to read:311.5.(a)(1)Prior to commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.
(2)In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. Publication of the agenda and agenda item documents shall occur on the Internet at the same time as the written agenda and agenda item documents are made available to the public.
(b)The commission shall publish and maintain the following documents on the Internet:
(1)Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.
(2)Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 days of the adoption of each decision or resolution by the commission.
(3)The then-current version of the commissions general orders and Rules of Practice and Procedure.
(4)Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.
(5)A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.
(c)The commission shall make the following information available on the Internet:
(1)Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.
(2)Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.
SEC. 3.Section 910 of the Public Utilities Code is repealed.SEC. 4.Section 910 is added to the Public Utilities Code, to read:910.(a)The commission shall develop, publish, and annually update a report that contains all of the following information:
(1)A workplan that describes in clear detail the scheduled proceedings and other decisions that may be considered by the commission during the calendar year.
(2)Performance criteria for the commission and the executive director, and an evaluation of the performance of the executive director during the previous year based on criteria established in the prior years workplan.
(3)An accounting of the commissions transactions and proceedings from the prior year, together with other facts, suggestions, and recommendations that the commission deems of value to the people of the state. The accounting shall include the activities that the commission has taken, and plans to take, to reduce the costs of, and the rates for, water and energy, including electricity, to improve the competitiveness of the states industries, including agriculture, and, to the extent possible, shall include suggestions and recommendations for the reduction of those costs and rates.
(4)A description of activities taken and processes instituted to both solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings and to process that input in a way that makes it usable in commission decisionmaking. The report shall describe the successes and challenges of these processes, the effect of resource constraints, and efforts to be made during the calendar year to further the goal of increased public participation.
(5)A list of the public meetings held outside San Francisco in the previous year, and a schedule of meetings anticipated to be held outside San Francisco during the coming year.
(b)(1)The commission shall submit the report required pursuant to subdivision (a) to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, no later than February 1 of each year.
(2)The commission shall post the report in a conspicuous area of its Internet Web site and shall have a program to disseminate the information in the report using computer mailing lists to provide regular updates on the information to those members of the public and organizations that request that information.
SEC. 5.Section 910.1 of the Public Utilities Code is amended to read:910.1.The commission shall annually submit a report to the Legislature on the commissions timeliness in resolving cases, information on the disposition of applications for rehearings, and the days that commissioners presided in hearings. The report shall include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines pursuant to subdivision (e) of Section 1701.2, for all adjudication cases, and pursuant to subdivision (a) of Section 1701.5, for all ratesetting or quasi-legislative cases.
SEC. 6.Section 1701 of the Public Utilities Code is amended to read:1701.(a)All hearings, investigations, and proceedings shall be governed by this part and by rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testimony shall invalidate any order, decision, or rule made, approved, or confirmed by the commission.
(b)Notwithstanding Section 11425.10 of the Government Code, Articles 1 to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.
SEC. 7.Section 1711 is added to the Public Utilities Code, to read:1711.(a)Where feasible and appropriate, except for adjudication cases, before determining the scope of the proceeding, the commission shall seek the participation of those who are likely to be affected, including those who are likely to benefit from, and those who are potentially subject to, a decision in that proceeding. The commission shall demonstrate its efforts to comply with this section in the text of the initial scoping memo of the proceeding.
(b)(1)The Policy and Planning Division of the commission shall undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success.
(2)This subdivision shall remain in effect only until January 1, 2020, and shall have no force or effect on or after that date, unless a later enacted statute that is chaptered before January 1, 2020, deletes or extends that date.
SEC. 8.Section 1802 of the Public Utilities Code is amended to read:1802.As used in this article:
(a)Compensation means payment for all or part, as determined by the commission, of reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any.
(b)(1)Customer means any of the following:
(A)A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission.
(B)A representative who has been authorized by a customer.
(C)A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation.
(2)Customer does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commissions opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding.
(c)Expert witness fees means recorded or billed costs incurred by a customer for an expert witness.
(d)Eligible local government entity means either of the following:
(1)A a local government entity that is not a publicly owned public utility that intervenes or participates in a commission proceeding for the purpose of protecting the health and safety of the residents within the entitys jurisdiction after suffering a catastrophic material loss, either in significant damage to infrastructure or loss of life and property, or both, as a direct result of public utility infrastructure.
(2)A consortium of local governmental entities that intervene or participate in a commission proceeding for the purpose of protecting public health and safety through prevention of material loss, either in significant damage to infrastructure or loss of life and property as a result of public utility infrastructure.
(e)Other reasonable costs means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution.
(f)Party means any interested party, respondent public utility, or commission staff in a hearing or proceeding.
(g)Proceeding means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission.
(h)Significant financial hardship means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocates fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding.
(i)Small commercial customer means any nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of small commercial customer, including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers.
(j)Substantial contribution means that, in the judgment of the commission, the customers presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customers participation has resulted in a substantial contribution, even if the decision adopts that customers contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocates fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation.
SEC. 9.Section 1802.4 is added to the Public Utilities Code, to read:1802.4.An eligible local government entity is eligible for an award of compensation pursuant to this article for its involvement to the extent that the involvement was for the purpose of protecting health and safety, and consistent with subdivision (d) of Section 1802. The eligibility of a local government entity described by paragraph (1) of subdivision (d) of Section 1802, shall be for involvement safety within the entitys jurisdiction and to the extent that the involvement was germane to the material loss suffered and to improving safety within the entitys jurisdiction. suffered.
SEC. 10.Section 1803.1 is added to the Public Utilities Code, to read:1803.1.Pursuant to Section 1802.4, the commission shall award reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a hearing or proceeding to an eligible local government entity that complies with Section 1804 and satisfies both of the following requirements:
(a)The entitys presentation makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision.
(b)Participation or intervention without an award of fees or costs imposes a significant financial hardship.
SEC. 11.Section 1804 of the Public Utilities Code is amended to read:1804.(a)(1)A customer who, or eligible local government entity that, intends to seek an award under this article shall, within 30 days after the prehearing conference is held, file and serve on all parties to the proceeding a notice of intent to claim compensation. In cases where no prehearing conference is scheduled or where the commission anticipates that the proceeding will take less than 30 days, the commission may determine the procedure to be used in filing these requests. In cases where the schedule would not reasonably allow parties to identify issues within the timeframe set forth above, or where new issues emerge subsequent to the time set for filing, the commission may determine an appropriate procedure for accepting new or revised notices of intent.
(2)(A)The notice of intent to claim compensation shall include both of the following:
(i)A statement of the nature and extent of the customers or eligible local government entitys planned participation in the proceeding as far as it is possible to set it out when the notice of intent is filed.
(ii)An itemized estimate of the compensation that the customer or eligible local government entity expects to request, given the likely duration of the proceeding as it appears at the time.
(B)The notice of intent may also include a showing by the customer or eligible local government entity that participation in the hearing or proceeding would pose a significant financial hardship. Alternatively, such a showing shall be included in the request submitted pursuant to subdivision (c).
(C)Within 15 days after service of the notice of intent to claim compensation, the administrative law judge may direct the staff, and may permit any other interested party, to file a statement responding to the notice.
(b)(1)If the customers or eligible local government entitys showing of significant financial hardship was included in the notice filed pursuant to subdivision (a), the administrative law judge, in consultation with the assigned commissioner, shall issue within 30 days thereafter a preliminary ruling addressing whether the customer or eligible local government entity will be eligible for an award of compensation. The ruling shall address whether a showing of significant financial hardship has been made. A finding of significant financial hardship shall create a rebuttable presumption of eligibility for compensation in other commission proceedings commencing within one year of the date of that finding.
(2)The administrative law judge may, in any event, issue a ruling addressing issues raised by the notice of intent to claim compensation. The ruling may point out similar positions, areas of potential duplication in showings, unrealistic expectation for compensation, and any other matter that may affect the customers or eligible local government entitys ultimate claim for compensation. Failure of the ruling to point out similar positions or potential duplication or any other potential impact on the ultimate claim for compensation shall not imply approval of any claim for compensation. A finding of significant financial hardship in no way ensures compensation. Similarly, the failure of the customer or eligible local government entity to identify a specific issue in the notice of intent or to precisely estimate potential compensation shall not preclude an award of reasonable compensation if a substantial contribution is made.
(c)Following issuance of a final order or decision by the commission in the hearing or proceeding, a customer who, or eligible local government entity that, has been found, pursuant to subdivision (b), to be eligible for an award of compensation may file within 60 days a request for an award. The request shall include at a minimum a detailed description of services and expenditures and a description of the customers or eligible local government entitys substantial contribution to the hearing or proceeding. Within 30 days after service of the request, the commission staff may file, and any other party may file, a response to the request.
(d)The commission may audit the records and books of the customer or eligible local government entity to the extent necessary to verify the basis for the award. The commission shall preserve the confidentiality of the customers or eligible local government entitys records in making its audit. Within 20 days after completion of the audit, if any, the commission shall direct that an audit report shall be prepared and filed. Any other party may file a response to the audit report within 20 days thereafter.
(e)Within 75 days after the filing of a request for compensation pursuant to subdivision (c), or within 50 days after the filing of an audit report, whichever occurs later, the commission shall issue a decision that determines whether or not the customer or eligible local government entity has made a substantial contribution to the final order or decision in the hearing or proceeding. If the commission finds that the customer or eligible local government entity requesting compensation has made a substantial contribution, the commission shall describe this substantial contribution and shall determine the amount of compensation to be paid pursuant to Section 1806.
SEC. 12.Section 1808 of the Public Utilities Code is amended to read:1808.The commission shall deny any award to any customer or eligible local government entity that attempts to delay or obstruct the orderly and timely fulfillment of the commissions responsibilities.
SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month. The commission may also meet at such other times and in such places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices.
(b)The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
In addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, meeting shall include all investigations, proceedings, and showings required by law to be open and public.
(c)The commission shall have a seal, bearing the inscription Public Utilities Commission State of California. The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct.
(d)The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances.
SEC. 2.Section 311.5 of the Public Utilities Code is amended to read:311.5.(a)(1)Prior to commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.
(2)In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. Publication of the agenda and agenda item documents shall occur on the Internet at the same time as the written agenda and agenda item documents are made available to the public.
(b)The commission shall publish and maintain the following documents on the Internet:
(1)Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.
(2)Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 days of the adoption of each decision or resolution by the commission.
(3)The then-current version of the commissions general orders and Rules of Practice and Procedure.
(4)Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.
(5)A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.
(c)The commission shall make the following information available on the Internet:
(1)Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.
(2)Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.
SEC. 3.Section 910 of the Public Utilities Code is repealed.SEC. 4.Section 910 is added to the Public Utilities Code, to read:910.(a)The commission shall develop, publish, and annually update a report that contains all of the following information:
(1)A workplan that describes in clear detail the scheduled proceedings and other decisions that may be considered by the commission during the calendar year.
(2)Performance criteria for the commission and the executive director, and an evaluation of the performance of the executive director during the previous year based on criteria established in the prior years workplan.
(3)An accounting of the commissions transactions and proceedings from the prior year, together with other facts, suggestions, and recommendations that the commission deems of value to the people of the state. The accounting shall include the activities that the commission has taken, and plans to take, to reduce the costs of, and the rates for, water and energy, including electricity, to improve the competitiveness of the states industries, including agriculture, and, to the extent possible, shall include suggestions and recommendations for the reduction of those costs and rates.
(4)A description of activities taken and processes instituted to both solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings and to process that input in a way that makes it usable in commission decisionmaking. The report shall describe the successes and challenges of these processes, the effect of resource constraints, and efforts to be made during the calendar year to further the goal of increased public participation.
(5)A list of the public meetings held outside San Francisco in the previous year, and a schedule of meetings anticipated to be held outside San Francisco during the coming year.
(b)(1)The commission shall submit the report required pursuant to subdivision (a) to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, no later than February 1 of each year.
(2)The commission shall post the report in a conspicuous area of its Internet Web site and shall have a program to disseminate the information in the report using computer mailing lists to provide regular updates on the information to those members of the public and organizations that request that information.
SEC. 5.Section 910.1 of the Public Utilities Code is amended to read:910.1.The commission shall annually submit a report to the Legislature on the commissions timeliness in resolving cases, information on the disposition of applications for rehearings, and the days that commissioners presided in hearings. The report shall include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines pursuant to subdivision (e) of Section 1701.2, for all adjudication cases, and pursuant to subdivision (a) of Section 1701.5, for all ratesetting or quasi-legislative cases.
SEC. 6.Section 1701 of the Public Utilities Code is amended to read:1701.(a)All hearings, investigations, and proceedings shall be governed by this part and by rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testimony shall invalidate any order, decision decision, or rule made, approved, or confirmed by the commission.
(b)Notwithstanding Section 11425.10 of the Government Code, Articles 1 through to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.
SEC. 7.Section 1711 is added to the Public Utilities Code, to read:1711.(a)Where feasible and appropriate, except for adjudication cases, before determining the scope of the proceeding, the commission shall seek the participation of those who are likely to be affected, including those who are likely to benefit from, and those who are potentially subject to, a decision in that proceeding. The commission shall demonstrate its efforts to comply with this section in the text of the initial scoping memo of the proceeding.
(b)(1)The Policy and Planning Division of the commission shall undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success.
(2)This subdivision shall remain in effect only until January 1, 2020, and shall have no force or effect on or after that date, unless a later enacted statute that is chaptered before January 1, 2020, deletes or extends that date.
SEC. 8.Section 1802 of the Public Utilities Code is amended to read:1802.As used in this article:
(a)Compensation means payment for all or part, as determined by the commission, of reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any.
(b)(1)Customer means any of the following:
(A)A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission.
(B)A representative who has been authorized by a customer.
(C)A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation.
(2)Customer does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commissions opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding.
(c)Expert witness fees means recorded or billed costs incurred by a customer for an expert witness.
(d)Eligible local government entity means either of the following:
(1)A local government entity that is not a publicly owned public utility that intervenes or participates in a commission proceeding for the purpose of protecting the health and safety of the residents within the entitys jurisdiction after suffering a catastrophic material loss, either in significant damage to infrastructure or loss of life and property, or both, as a direct result of public utility infrastructure.
(2)A consortium of local governmental entities that intervene or participate in a commission proceeding for the purpose of protecting public health and safety. safety through prevention of material loss, either in significant damage to infrastructure or loss of life and property as a result of public utility infrastructure.
(e)Other reasonable costs means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution.
(f)Party means any interested party, respondent public utility, or commission staff in a hearing or proceeding.
(g)Proceeding means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission.
(h)Significant financial hardship means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocates fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding.
(i)Small commercial customer means any nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of small commercial customer, including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers.
(j)Substantial contribution means that, in the judgment of the commission, the customers presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customers participation has resulted in a substantial contribution, even if the decision adopts that customers contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocates fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation.
SEC. 9.Section 1802.4 is added to the Public Utilities Code, to read:1802.4.An eligible local government entity is eligible for an award of compensation pursuant to this article for its involvement to the extent that the involvement was for the purpose of protecting health and safety, and consistent with subdivision (d) of Section 1802. The eligibility of a local government entity described by paragraph (1) of subdivision (d) of Section 1802, shall be for involvement to the extent that the involvement was germane to the material loss suffered. suffered and to improving safety within the entitys jurisdiction.
SEC. 10.Section 1803.1 is added to the Public Utilities Code, to read:1803.1.Pursuant to Section 1802.4, the commission shall award reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a hearing or proceeding to an eligible local government entity that complies with Section 1804 and satisfies both of the following requirements:
(a)The entitys presentation makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision.
(b)Participation or intervention without an award of fees or costs imposes a significant financial hardship.
SEC. 11.Section 1804 of the Public Utilities Code is amended to read:1804.(a)(1)A customer who, or eligible local government entity that, intends to seek an award under this article shall, within 30 days after the prehearing conference is held, file and serve on all parties to the proceeding a notice of intent to claim compensation. In cases where no prehearing conference is scheduled or where the commission anticipates that the proceeding will take less than 30 days, the commission may determine the procedure to be used in filing these requests. In cases where the schedule would not reasonably allow parties to identify issues within the timeframe set forth above, or where new issues emerge subsequent to the time set for filing, the commission may determine an appropriate procedure for accepting new or revised notices of intent.
(2)(A)The notice of intent to claim compensation shall include both of the following:
(i)A statement of the nature and extent of the customers or eligible local government entitys planned participation in the proceeding as far as it is possible to set it out when the notice of intent is filed.
(ii)An itemized estimate of the compensation that the customer or eligible local government entity expects to request, given the likely duration of the proceeding as it appears at the time.
(B)The notice of intent may also include a showing by the customer or eligible local government entity that participation in the hearing or proceeding would pose a significant financial hardship. Alternatively, such a showing shall be included in the request submitted pursuant to subdivision (c).
(C)Within 15 days after service of the notice of intent to claim compensation, the administrative law judge may direct the staff, and may permit any other interested party, to file a statement responding to the notice.
(b)(1)If the customers or eligible local government entitys showing of significant financial hardship was included in the notice filed pursuant to subdivision (a), the administrative law judge, in consultation with the assigned commissioner, shall issue within 30 days thereafter a preliminary ruling addressing whether the customer or eligible local government entity will be eligible for an award of compensation. The ruling shall address whether a showing of significant financial hardship has been made. A finding of significant financial hardship shall create a rebuttable presumption of eligibility for compensation in other commission proceedings commencing within one year of the date of that finding.
(2)The administrative law judge may, in any event, issue a ruling addressing issues raised by the notice of intent to claim compensation. The ruling may point out similar positions, areas of potential duplication in showings, unrealistic expectation for compensation, and any other matter that may affect the customers or eligible local government entitys ultimate claim for compensation. Failure of the ruling to point out similar positions or potential duplication or any other potential impact on the ultimate claim for compensation shall not imply approval of any claim for compensation. A finding of significant financial hardship in no way ensures compensation. Similarly, the failure of the customer or eligible local government entity to identify a specific issue in the notice of intent or to precisely estimate potential compensation shall not preclude an award of reasonable compensation if a substantial contribution is made.
(c)Following issuance of a final order or decision by the commission in the hearing or proceeding, a customer who, or eligible local government entity that, has been found, pursuant to subdivision (b), to be eligible for an award of compensation may file within 60 days a request for an award. The request shall include at a minimum a detailed description of services and expenditures and a description of the customers or eligible local government entitys substantial contribution to the hearing or proceeding. Within 30 days after service of the request, the commission staff may file, and any other party may file, a response to the request.
(d)The commission may audit the records and books of the customer or eligible local government entity to the extent necessary to verify the basis for the award. The commission shall preserve the confidentiality of the customers or eligible local government entitys records in making its audit. Within 20 days after completion of the audit, if any, the commission shall direct that an audit report shall be prepared and filed. Any other party may file a response to the audit report within 20 days thereafter.
(e)Within 75 days after the filing of a request for compensation pursuant to subdivision (c), or within 50 days after the filing of an audit report, whichever occurs later, the commission shall issue a decision that determines whether or not the customer or eligible local government entity has made a substantial contribution to the final order or decision in the hearing or proceeding. If the commission finds that the customer or eligible local government entity requesting compensation has made a substantial contribution, the commission shall describe this substantial contribution and shall determine the amount of compensation to be paid pursuant to Section 1806.
SEC. 12.Section 1808 of the Public Utilities Code is amended to read:1808.The commission shall deny any award to any customer or eligible local government entity that attempts to delay or obstruct the orderly and timely fulfillment of the commissions responsibilities.
SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month in the City and County of San Francisco or the City of Sacramento. month. The commission may also meet at such other times and in such other places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices. The commission shall hold no less than six sessions each year in the City of Sacramento.
(b)The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
In addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, meeting shall include all investigations, proceedings, and showings required by law to be open and public.
(c)The commission shall have a seal, bearing the inscription Public Utilities Commission State of California. The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct.
(d)The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances.
SEC. 2.Section 311.5 of the Public Utilities Code is amended to read:311.5.(a)(1)Prior to commencement of any meeting at which commissioners vote on items on the public agenda, the commission shall make available to the public copies of the agenda, and upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.
(2)In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. Publication of the agenda and agenda item documents shall occur on the Internet at the same time as the written agenda and agenda item documents are made available to the public.
(b)The commission shall publish and maintain the following documents on the Internet:
(1)Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.
(2)Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 days of the adoption of each decision or resolution by the commission.
(3)The then-current version of the commissions general orders and Rules of Practice and Procedure.
(4)Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.
(5)A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings, including the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.
(c)The commission shall make the following information available on the Internet:
(1)Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.
(2)Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.
SEC. 3.Section 910 of the Public Utilities Code is repealed.SEC. 4.Section 910 is added to the Public Utilities Code, to read:910.(a)The commission shall develop, publish, and annually update a report that contains all of the following information:
(1)A workplan that describes in clear detail the scheduled proceedings and other decisions that may be considered by the commission during the calendar year.
(2)Performance criteria for the commission and the executive director, and an evaluation of the performance of the executive director during the previous year based on criteria established in the prior years workplan.
(3)An accounting of the commissions transactions and proceedings from the prior year, together with other facts, suggestions, and recommendations that the commission deems of value to the people of the state. The accounting shall include the activities that the commission has taken, and plans to take, to reduce the costs of, and the rates for, water and energy, including electricity, to improve the competitiveness of the states industries, including agriculture, and, to the extent possible, shall include suggestions and recommendations for the reduction of those costs and rates.
(4)A description of activities taken and processes instituted to both solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings and to process that input in a way that makes it usable in commission decisionmaking. The report shall describe the successes and challenges of these processes, the effect of resource constraints, and efforts to be made during the calendar year to further the goal of increased public participation.
(5)A list of the public meetings held outside San Francisco in the previous year, and a schedule of meetings anticipated to be held outside San Francisco during the coming year.
(b)(1)The commission shall submit the report required pursuant to subdivision (a) to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, no later than February 1 of each year.
(2)The commission shall post the report in a conspicuous area of its Internet Web site and shall have a program to disseminate the information in the report using computer mailing lists to provide regular updates on the information to those members of the public and organizations that request that information.
SEC. 5.Section 910.1 of the Public Utilities Code is amended to read:910.1.The commission shall annually submit a report to the Legislature on the commissions timeliness in resolving cases, information on the disposition of applications for rehearings, and the days that commissioners presided in hearings. The report shall include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines pursuant to subdivision (e) of Section 1701.2, for all adjudication cases, and pursuant to subdivision (a) of Section 1701.5, for all ratesetting or quasi-legislative cases.
SEC. 6.Section 1701 of the Public Utilities Code is amended to read:1701.(a)All hearings, investigations, and proceedings shall be governed by this part and by rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testimony shall invalidate any order, decision or rule made, approved, or confirmed by the commission.
(b)Notwithstanding Section 11425.10 of the Government Code, Articles 1 through 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.
SEC. 7.Section 1711 is added to the Public Utilities Code, to read:1711.(a)Where feasible and appropriate, except for adjudication cases, before instituting a proceeding on its own motion, determining the scope of the proceeding, the commission shall seek the views participation of those who are likely to be affected, including those who are likely to benefit from, and those who are potentially subject to, a decision in that proceeding. The commission shall demonstrate its efforts to comply with this section in the text of the order instituting the proceeding. initial scoping memo of the proceeding.
(b)(1)The Policy and Planning Division of the commission shall undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success.
(2)This subdivision shall remain in effect only until January 1, 2020, and shall have no force or effect on or after that date, unless a later enacted statute that is chaptered before January 1, 2020, deletes or extends that date.
SEC. 8.Section 1802 of the Public Utilities Code is amended to read:1802.As used in this article:
(a)Compensation means payment for all or part, as determined by the commission, of reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any.
(b)(1)Customer means any of the following:
(A)A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission.
(B)A representative who has been authorized by a customer.
(C)A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation.
(2)Customer does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commissions opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding.
(c)Expert witness fees means recorded or billed costs incurred by a customer for an expert witness.
(d)Eligible local government entity means either of the following:
(1)A local government entity that is not a publicly owned public utility that intervenes or participates in a commission proceeding for the purpose of protecting the health and safety of the residents within the entitys jurisdiction after suffering a material loss, either in significant damage to infrastructure or loss of life and property, as a result of public utility infrastructure.
(2)A consortium of local governmental entities that intervene or participate in a commission proceeding for the purpose of protecting public health and safety.
(d)
(e)Other reasonable costs means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution.
(e)
(f)Party means any interested party, respondent public utility, or commission staff in a hearing or proceeding.
(f)
(g)Proceeding means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission.
(g)
(h)Significant financial hardship means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocates fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding.
(h)
(i)Small commercial customer means any nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of small commercial customer, including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers.
(i)
(j)Substantial contribution means that, in the judgment of the commission, the customers presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customers participation has resulted in a substantial contribution, even if the decision adopts that customers contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocates fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation.
SEC. 9.Section 1802.4 is added to the Public Utilities Code, to read:1802.4.An eligible local government entity is eligible for an award of compensation pursuant to this article for its involvement to the extent that the involvement was for the purpose of protecting health and safety, and consistent with subdivision (d) of Section 1802. The eligibility of a local government entity described by paragraph (1) of subdivision (d) of Section 1802, shall be for involvement to the extent that the involvement was germane to the material loss suffered.
SEC. 10.Section 1803.1 is added to the Public Utilities Code, to read:1803.1.Pursuant to Section 1802.4, the commission shall award reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a hearing or proceeding to an eligible local government entity that complies with Section 1804 and satisfies both of the following requirements:
(a)The entitys presentation makes a substantial contribution to the adoption, in whole or in part, of the commissions order or decision.
(b)Participation or intervention without an award of fees or costs imposes a significant financial hardship.
SEC. 11.Section 1804 of the Public Utilities Code is amended to read:1804.(a)(1)A customer who who, or eligible local government entity that, intends to seek an award under this article shall, within 30 days after the prehearing conference is held, file and serve on all parties to the proceeding a notice of intent to claim compensation. In cases where no prehearing conference is scheduled or where the commission anticipates that the proceeding will take less than 30 days, the commission may determine the procedure to be used in filing these requests. In cases where the schedule would not reasonably allow parties to identify issues within the timeframe set forth above, or where new issues emerge subsequent to the time set for filing, the commission may determine an appropriate procedure for accepting new or revised notices of intent.
(2)(A)The notice of intent to claim compensation shall include both of the following:
(i)A statement of the nature and extent of the customers or eligible local government entitys planned participation in the proceeding as far as it is possible to set it out when the notice of intent is filed.
(ii)An itemized estimate of the compensation that the customer or eligible local government entity expects to request, given the likely duration of the proceeding as it appears at the time.
(B)The notice of intent may also include a showing by the customer or eligible local government entity that participation in the hearing or proceeding would pose a significant financial hardship. Alternatively, such a showing shall be included in the request submitted pursuant to subdivision (c).
(C)Within 15 days after service of the notice of intent to claim compensation, the administrative law judge may direct the staff, and may permit any other interested party, to file a statement responding to the notice.
(b)(1)If the customers or eligible local government entitys showing of significant financial hardship was included in the notice filed pursuant to subdivision (a), the administrative law judge, in consultation with the assigned commissioner, shall issue within 30 days thereafter a preliminary ruling addressing whether the customer or eligible local government entity will be eligible for an award of compensation. The ruling shall address whether a showing of significant financial hardship has been made. A finding of significant financial hardship shall create a rebuttable presumption of eligibility for compensation in other commission proceedings commencing within one year of the date of that finding.
(2)The administrative law judge may, in any event, issue a ruling addressing issues raised by the notice of intent to claim compensation. The ruling may point out similar positions, areas of potential duplication in showings, unrealistic expectation for compensation, and any other matter that may affect the customers or eligible local government entitys ultimate claim for compensation. Failure of the ruling to point out similar positions or potential duplication or any other potential impact on the ultimate claim for compensation shall not imply approval of any claim for compensation. A finding of significant financial hardship in no way ensures compensation. Similarly, the failure of the customer or eligible local government entity to identify a specific issue in the notice of intent or to precisely estimate potential compensation shall not preclude an award of reasonable compensation if a substantial contribution is made.
(c)Following issuance of a final order or decision by the commission in the hearing or proceeding, a customer who who, or eligible local government entity that, has been found, pursuant to subdivision (b), to be eligible for an award of compensation may file within 60 days a request for an award. The request shall include at a minimum a detailed description of services and expenditures and a description of the customers or eligible local government entitys substantial contribution to the hearing or proceeding. Within 30 days after service of the request, the commission staff may file, and any other party may file, a response to the request.
(d)The commission may audit the records and books of the customer or eligible local government entity to the extent necessary to verify the basis for the award. The commission shall preserve the confidentiality of the customers or eligible local government entitys records in making its audit. Within 20 days after completion of the audit, if any, the commission shall direct that an audit report shall be prepared and filed. Any other party may file a response to the audit report within 20 days thereafter.
(e)Within 75 days after the filing of a request for compensation pursuant to subdivision (c), or within 50 days after the filing of an audit report, whichever occurs later, the commission shall issue a decision that determines whether or not the customer or eligible local government entity has made a substantial contribution to the final order or decision in the hearing or proceeding. If the commission finds that the customer or eligible local government entity requesting compensation has made a substantial contribution, the commission shall describe this substantial contribution and shall determine the amount of compensation to be paid pursuant to Section 1806.
SEC. 12.Section 1808 of the Public Utilities Code is amended to read:1808.The commission shall deny any award to any customer who or eligible local government entity that attempts to delay or obstruct the orderly and timely fulfillment of the commissions responsibilities.
SEC. 13.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month in the City and County of San Francisco. Francisco or the City of Sacramento. The commission may also meet at such other times and in such other places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices. The commission shall hold no less than six sessions each year in the City of Sacramento.
(b)The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
In addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, meeting shall include all investigations, proceedings, and showings required by law to be open and public.
(c)The commission shall have a seal, bearing the inscription Public Utilities Commission State of California. The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct.
(d)The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances.
SEC. 2.Section 311.5 of the Public Utilities Code is amended to read:311.5.(a)(1)Prior to commencement of any meeting at which commissioners vote on items on the public agenda agenda, the commission shall make available to the public copies of the agenda, and upon request, any agenda item documents that are proposed to be considered by the commission for action or decision at a commission meeting.
(2)In addition, the commission shall publish the agenda, agenda item documents, and adopted decisions in a manner that makes copies of them easily available to the public, including publishing those documents on the Internet. Publication of the agenda and agenda item documents shall occur on the Internet at the same time as the written agenda and agenda item documents are made available to the public.
(b)The commission shall publish and maintain the following documents on the Internet:
(1)Each of the commissions proposed and alternate proposed decisions and resolutions, until the decision or resolution is adopted and published.
(2)Each of the commissions adopted decisions and resolutions. The publication shall occur within 10 days of the adoption of each decision or resolution by the commission.
(3)The then-current version of the commissions general orders and Rules of Practice and Procedure.
(4)Each of the commissions rulings. The commission shall maintain those rulings on its Internet Web site until final disposition, including disposition of any judicial appeals, of the respective proceedings in which the rulings were issued.
(5)A docket card that lists, by title and date of filing or issuance, all documents filed and all decisions or rulings issued in those proceedings. proceedings, including the public versions of all prepared written testimony and advice letter filings, protests, and responses. The commission shall maintain the docket card until final disposition, including disposition of any judicial appeals, of the corresponding proceedings.
(c)The commission shall make the following information available on the Internet:
(1)Information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided.
(2)Information on the operation of the office of the public advisor established in Section 321 and how the public advisor can connect members of the public to persons responsible for specific cases and matters to be decided.
SEC. 3.Section 910 of the Public Utilities Code is repealed.910.The commission shall do all of the following:
(a)Develop, publish, and annually update an annual workplan report that describes in clear detail the scheduled ratemaking proceedings and other decisions that may be considered by the commission during the calendar year. The workplan report shall include, but is not limited to, information on how members of the public and ratepayers can gain access to the commissions ratemaking process and information regarding the specific matters to be decided. The workplan report shall also include information on the operation of the office of the public advisor and identify the names and telephone numbers of those contact persons responsible for specific cases and matters to be decided. The workplan report shall also include a statement that specifies activities that the commission proposes to reduce the costs of, and rates for, energy, including electricity, and for improving the competitive opportunities for state agriculture and other rural energy consumers. The commission shall post the workplan report under the Official Documents area of its Internet Web site and shall develop a program to disseminate the information in the workplan report utilizing computer mailing lists to provide regular updates on the information to those members of the public and organizations that request the information.
(b)Produce with the annual workplan report, a complete accounting of its transactions and proceedings for the preceding year, together with other facts, suggestions, and recommendations that it deems of value to the people of the state, and a statement that specifies the activities and achievements of the commission in reducing the costs of, and rates for, energy, including electricity, for state agriculture and other rural energy consumers.
(c)Submit annually the workplan report to the Governor and Legislature no later than February 1 of each year.
SEC. 4.Section 910 is added to the Public Utilities Code, to read:910.(a)The commission shall develop, publish, and annually update a report that contains all of the following information:
(1)A workplan that describes in clear detail the scheduled proceedings and other decisions that may be considered by the commission during the calendar year.
(2)Performance criteria for the commission and the executive director, and an evaluation of the performance of the executive director during the previous year based on criteria established in the prior years workplan.
(3)An accounting of the commissions transactions and proceedings from the prior year, together with other facts, suggestions, and recommendations that the commission deems of value to the people of the state. The accounting shall include the activities that the commission has taken, and plans to take, to reduce the costs of, and the rates for, water and energy, including electricity, to improve the competitiveness of the states industries, including agriculture, and, to the extent possible, shall include suggestions and recommendations for the reduction of those costs and rates.
(4)A description of activities taken and processes instituted to both solicit the input of customers from diverse regions of the state in ratesetting and quasi-legislative proceedings and to process that input in a way that makes it usable in commission decisionmaking. The report shall describe the successes and challenges of these processes, the effect of resource constraints, and efforts to be made during the calendar year to further the goal of increased public participation.
(b)(1)The commission shall submit the report required pursuant to subdivision (a) to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, no later than February 1 of each year.
(2)The commission shall post the report in a conspicuous area of its Internet Web site and shall have a program to disseminate the information in the report using computer mailing lists to provide regular updates on the information to those members of the public and organizations that request that information.
SEC. 5.Section 910.1 of the Public Utilities Code is amended to read:910.1.The commission shall annually submit a report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos commissions timeliness in resolving cases, information on the disposition of applications for rehearings, and the days that commissioners presided in hearings. The report shall include the number of scoping memos issued in each proceeding and the number of orders issued extending the statutory deadlines pursuant to subdivision (e) of Section 1701.2, for all adjudication cases, and pursuant to subdivision (a) of Section 1701.5, for all ratesetting or quasi-legislative cases.
SEC. 6.Section 1701 of the Public Utilities Code is amended to read:1701.(a)All hearings, investigations, and proceedings shall be governed by this part and by rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testimony shall invalidate any order, decision or rule made, approved, or confirmed by the commission.
(b)Notwithstanding Section 11425.10 of the Government Code, Articles 1 through 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code does do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.
SEC. 7.Section 1711 is added to the Public Utilities Code, to read:1711.Where feasible and appropriate, except for adjudication cases, before instituting a proceeding on its own motion, the commission shall seek the views of those who are likely to be affected, including those who are likely to benefit from, and those who are potentially subject to, a decision in that proceeding. The commission shall demonstrate its efforts to comply with this section in the text of the order instituting the proceeding.
SECTION 1.Section 13300 of the Penal Code is amended to read:13300.(a)As used in this section:
(1)Local summary criminal history information means the master record of information compiled by a local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.
(2)Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the local agency.
(3)Local agency means a local criminal justice agency.
(b)A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys of a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.
(10)An agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(11)A city, county, city and county, or district, or an officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(12)The subject of the local summary criminal history information.
(13)A person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(14)A managing or supervising correctional officer of a county jail or other county correctional facility.
(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.
(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.
(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing his or her duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(18)City, county, or city and county health services personnel who are engaged in efforts to identify and treat individuals who have alcohol abuse, substance abuse, or mental health issues, for the purpose of providing assessment, treatment, rehabilitation, or other health care to those individuals.
(c)The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)A public utility, as defined in Section 216 of the Public Utilities Code, which operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing his or her official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States when this information is needed for the performance of their official duties.
(6)To a person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To an individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.
(10)A public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on his or her own recognizance pending trial.
If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.
Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods.
A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.
This section does not impose any duty upon public utilities to request local summary criminal history information on any current or prospective employee.
Seeking entrance to private residences in the course of employment is a compelling need as required to be shown in this subdivision.
(11)A city, county, city and county, or district, or an officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.
Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. This section does not impose any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.
(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.
(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee which it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to a public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. A state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.
(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.
(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.
(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks which are authorized by law.
(l)A local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a government agency employer of that peace officer or applicant.
(m)A local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that peace officer or applicant.
(n)Notwithstanding subdivision (l) or (m), a local criminal justice agency shall not release information under the following circumstances:
(1)Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)As used in this section:
(1)Local summary criminal history information means the master record of information compiled by any a local criminal justice agency pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of Part 4 pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person.
(2)Local summary criminal history information does not refer to records and data compiled by criminal justice agencies other than that local agency, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the local agency.
(3)Local agency means a local criminal justice agency.
(b)A local agency shall furnish local summary criminal history information to any of the following, when needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and (j) of Section 830.3, and subdivisions (a), (b), and (c) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys of any a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension hearing, and when authorized access by statutory or decisional law.
(10)Any An agency, officer, or official of the state when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(11)Any A city, county, city and county, or district, or any an officer or official thereof, when access is needed in order to assist the agency, officer, or official in fulfilling employment, certification, or licensing duties, and when the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(12)The subject of the local summary criminal history information.
(13)Any A person or entity when access is expressly authorized by statute when the local summary criminal history information is required to implement a statute, regulation, or ordinance that expressly refers to specific criminal conduct applicable to the subject person of the local summary criminal history information, and contains requirements or exclusions, or both, expressly based upon the specified criminal conduct.
(14)Any A managing or supervising correctional officer of a county jail or other county correctional facility.
(15)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for the minor children, consistent with Section 17531 of the Family Code.
(16)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.
(17)A humane officer appointed pursuant to Section 14502 of the Corporations Code, for the purposes of performing his or her duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(18)City, county, or city and county health services personnel who are engaged in efforts to identify and treat individuals who have alcohol abuse, substance abuse, or mental health issues, for the purpose of providing assessment, treatment, rehabilitation, or other health care to those individuals.
(c)The local agency may furnish local summary criminal history information, upon a showing of a compelling need, to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)Any A public utility, as defined in Section 216 of the Public Utilities Code, which operates a nuclear energy facility when access is needed to assist in employing persons to work at the facility, provided that, if the local agency supplies the information, it shall furnish a copy of this information to the person to whom the information relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)An animal control officer, authorized to exercise powers specified in Section 830.9, for the purposes of performing his or her official duties. A local agency may charge a reasonable fee sufficient to cover the costs of providing information pursuant to this paragraph.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to local summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States when this information is needed for the performance of their official duties.
(6)To any a person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the local summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To any an individual who is the subject of the record requested when needed in conjunction with an application to enter the United States or any foreign nation.
(10)Any A public utility, as defined in Section 216 of the Public Utilities Code, when access is needed to assist in employing persons who will be seeking entrance to private residences in the course of their employment. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on his or her own recognizance pending trial.
If the local agency supplies the information pursuant to this paragraph, it shall furnish a copy of the information to the person to whom the information relates.
Any information obtained from the local summary criminal history is confidential and the receiving public utility shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the public utility and all copies made from it shall be destroyed 30 days after employment is denied or granted, including any appeal periods, except for those cases where an employee or applicant is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed 30 days after the case is resolved, including any appeal periods.
A violation of any of the provisions of this paragraph is a misdemeanor, and shall give the employee or applicant who is injured by the violation a cause of action against the public utility to recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing This section does not impose any duty upon public utilities to request local summary criminal history information on any current or prospective employee.
Seeking entrance to private residences in the course of employment shall be deemed is a compelling need as required to be shown in this subdivision.
(11)Any A city, county, city and county, or district, or any an officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code, for the purposes of consenting to, or approving of, the prospective concessionaires application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.
Any local governments request for local summary criminal history information for purposes of screening a prospective concessionaire and their affiliates or associates before approving or denying an application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest is deemed a compelling need as required by this subdivision. However, only local summary criminal history information pertaining to criminal convictions may be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history is confidential and the receiving local government shall not disclose its contents, other than for the purpose for which it was acquired. The local summary criminal history information in the possession of the local government and all copies made from it shall be destroyed not more than 30 days after the local governments final decision to grant or deny consent to, or approval of, the prospective concessionaires application for, or acquisition of, a beneficial interest in a concession, lease, or other property interest. Nothing in this section shall be construed as imposing This section does not impose any duty upon a local government, or any officer or official thereof, to request local summary criminal history information on any current or prospective concessionaire or their affiliates or associates.
(12)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(d)Whenever an authorized request for local summary criminal history information pertains to a person whose fingerprints are on file with the local agency and the local agency has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)A local agency taking fingerprints of a person who is an applicant for licensing, employment, or certification may charge a fee to cover the cost of taking the fingerprints and processing the required documents.
(f)Whenever local summary criminal history information furnished pursuant to this section is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee which it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any a public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any A state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense.
(g)Whenever there is a conflict, the processing of criminal fingerprints shall take priority over the processing of applicant fingerprints.
(h)It is not a violation of this article to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(i)It is not a violation of this article to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record when the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(j)Notwithstanding any other law, a public prosecutor may, in response to a written request made pursuant to Section 6253 of the Government Code, provide information from a local summary criminal history, if release of the information would enhance public safety, the interest of justice, or the publics understanding of the justice system and the person making the request declares that the request is made for a scholarly or journalistic purpose. If a person in a declaration required by this subdivision willfully states as true any material fact that he or she knows to be false, he or she shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000). The requestor shall be informed in writing of this penalty. An action to impose a civil penalty under this subdivision may be brought by any public prosecutor and shall be enforced as a civil judgment.
(k)Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information record checks which are authorized by law.
(l)Any A local criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction, and for which the person did not complete a postarrest diversion program or a deferred entry of judgment program, to a government agency employer of that peace officer or applicant.
(m)Any A local criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that peace officer or applicant.
(n)Notwithstanding subdivision (l) or (m), a local criminal justice agency shall not release information under the following circumstances:
(1)Information concerning an arrest for which diversion or a deferred entry of judgment program has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2)Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3)Information concerning an arrest without a disposition without attempting to determine whether diversion has been successfully completed or the individual was exonerated.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 451 of the Public Utilities Code is amended to read:451.(a)All charges demanded or received by any public utility, or by any two or more public utilities, for any product or commodity furnished or to be furnished or any service rendered or to be rendered shall be just and reasonable. Every unjust or unreasonable charge demanded or received for that product or commodity or service is unlawful.
(b)Every public utility shall furnish and maintain adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities, including telephone facilities, as defined in Section 54.1 of the Civil Code, as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public.
(c)All rules made by a public utility affecting or pertaining to its charges or service to the public shall be just and reasonable.
(a)All charges demanded or received by any public utility, or by any two or more public utilities, for any product or commodity furnished or to be furnished or any service rendered or to be rendered shall be just and reasonable. Every unjust or unreasonable charge demanded or received for such that product or commodity or service is unlawful.
Every
(b)Every public utility shall furnish and maintain such adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities, including telephone facilities, as defined in Section 54.1 of the Civil Code, as are necesary necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public.
All
(c)All rules made by a public utility affecting or pertaining to its charges or service to the public shall be just and reasonable.
|
Date
|
Status
|
|---|---|
| Aug 17, 2016 | Read second time and amended. Ordered to second reading. |
| Jan 26, 2016 | In Assembly. Read first time. Held at Desk. |
| Jan 26, 2016 | Read third time. Passed. (Ayes 37. Noes 0. Page 2953.) Ordered to the Assembly. |
| Apr 28, 2016 | Referred to Com. on U. & C. |
| Jun 20, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & C. |
| Jun 30, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 2.) (June 29). |
| Aug 1, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Aug 3, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Aug 10, 2016 | August 10 set for first hearing. Placed on APPR. suspense file. |
| Aug 11, 2016 | Joint Rule 62(a) suspended. |
| Aug 16, 2016 | From committee: Do pass as amended. (Ayes 12. Noes 2.) (August 11). |
| Jan 25, 2016 | Read second time. Ordered to third reading. |
| Aug 18, 2016 | Read second time. Ordered to third reading. |
| Aug 19, 2016 | Ordered to third reading. |
| Aug 19, 2016 | Read third time and amended. |
| Aug 19, 2016 | Read third time and amended. (Ayes 73. Noes 0. Page 5973.) |
| Aug 29, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 29, 2016 | Read third time. Passed. (Ayes 61. Noes 12. Page 6370.) Ordered to the Senate. |
| Aug 30, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 31, 2016 | Assembly amendments concurred in. (Ayes 32. Noes 6. Page 5571.) Ordered to engrossing and enrolling. |
| Aug 31, 2016 | Assembly amendments concurred in. (Ayes 32. Noes 6.) Ordered to engrossing and enrolling. |
| Sep 9, 2016 | Enrolled and presented to the Governor at 3:30 p.m. |
| May 28, 2015 | May 28 hearing: Held in committee and under submission. |
| Feb 27, 2015 | From printer. May be acted upon on or after March 29. |
| Mar 12, 2015 | Referred to Com. on RLS. |
| Apr 6, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Apr 9, 2015 | Re-referred to Com. on PUB. S. |
| Apr 10, 2015 | Set for hearing April 28. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2. Page 823.) (April 28). Re-referred to Com. on APPR. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 28). Re-referred to Com. on APPR. |
| May 1, 2015 | Set for hearing May 11. |
| May 11, 2015 | May 11 hearing: Placed on APPR. suspense file. |
| May 23, 2015 | Set for hearing May 28. |
| Feb 26, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Jan 4, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jan 4, 2016 | Re-referred to Com. on RLS. |
| Jan 4, 2016 | Withdrawn from committee. |
| Jan 6, 2016 | Re-referred to Com. on E., U., & C. |
| Jan 8, 2016 | Set for hearing January 13. |
| Jan 13, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 2895.) (January 13). Re-referred to Com. on APPR. |
| Jan 14, 2016 | Set for hearing January 19. |
| Jan 19, 2016 | January 19 hearing: Placed on APPR. suspense file. |
| Jan 20, 2016 | Set for hearing January 21. |
| Jan 21, 2016 | From committee: Do pass. (Ayes 7. Noes 0. Page 2934.) (January 21). |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2016 | Unfinished Business SB512 Hill Concurrence | Senate Floor |
Passed |
|
| Aug 29, 2016 | SB 512 Hill Senate Third Reading By GATTO | Assembly Floor |
Passed |
|
| Aug 19, 2016 | SB 512 Hill Senate Third Reading Amendment Set #1 | Assembly Floor |
Passed |
|
| Aug 11, 2016 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 29, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Utilities and Commerce |
Passed |
|
| Jan 26, 2016 | Senate 3rd Reading SB512 Hill | Senate Floor |
Passed |
|
| Jan 21, 2016 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jan 19, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jan 13, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Energy, Utilities and Communications |
Passed |
|
| May 11, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| At&T | * Against | Jun 29, 2016 |
| Cable and Telecommunications Association | * Against | Jun 29, 2016 |
| CalCom | * Against | Jun 29, 2016 |
| California Cable & Telecommunications Association | * Against | Jun 29, 2016 |
| California Farm Bureau | ** Support | Aug 31, 2016 |
| California Public Utilities Commission | ** Support | Jun 29, 2016 |
| California Water Association | * Against | Jun 29, 2016 |
| City of Carmel by the Sea | ** Support | Jun 29, 2016 |
| City of Carmel-by-the-Sea | ** Support | Aug 31, 2016 |
| City of San Bruno | ** Support | Aug 31, 2016 |
| Consolidated Communications | * Against | Jun 29, 2016 |
| Laguna Beach, City Of | ** Support | Aug 31, 2016 |
| Sierra Club California | ** Support | Aug 31, 2016 |
| Wireless Industry Trade Association | * Against | Jun 29, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 512
:
PRIOR VOTES NOT RELEVANT
SENATE PUBLIC SAFETY COMMITTEE: 4-2, 4/28/15
AYES: Hancock, Leno, McGuire, Monning
NOES: Anderson, Stone
NO VOTE RECORDED: Liu
SENATE ENERGY, U. & C. COMMITTEE: 10-0, 1/13/16
AYES: Hueso, Fuller, Cannella, Hertzberg, Hill, Lara, McGuire, Morrell, Pavley, Wolk
NO VOTE RECORDED: Leyva
SENATE APPROPRIATIONS COMMITTEE: 7-0, 1/21/16
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SENATE FLOOR: 37-0, 1/26/16
AYES: Allen, Anderson, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski
NO VOTE RECORDED: Bates, Liu, Wolk
ASSEMBLY FLOOR: 61-12, 8/29/16 - See last page for vote
DIGEST: This bill proposes a suite of reforms of the operations and governance of the California Public Utilities Commission (CPUC), including allowing intervenor compensation for certain local governments, requiring specified information is available to the public, requiring specified reporting of the CPUC regarding the timeliness of proceedings, applying the Code of Ethics from the Administrative Procedures Act (APA) to administrative law judges (ALJs), and others.
Assembly Amendments add provisions that allow certain local governments to be paid intervenor compensation when they intervene or participate in CPUC proceedings for the purpose of protecting health and safety. The amendments also require the CPUC Policy and Planning Division to study the outreach efforts undertaken by other state or federal utility regulatory bodies and make recommendations. Other amendments made further tweaks to existing language in the bill.
Existing law:
- Establishes the CPUC with five members appointed by the Governor and confirmed by the Senate and empowers it to regulate privately owned public utilities in California. (Article XII of the California Constitution; Public Utilities Code §301 et seq.)
- Requires the office of the CPUC to be located in the City and County of San Francisco. Requires the CPUC to hold at least one session per calendar month in the City and County of San Francisco. (Public Utilities Code §306)
- Requires the CPUC to publish and maintain on its website specified information, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided. (Public Utilities Code §311.5)
- Requires the CPUC to develop, publish and annually update an annual workplan report that describes the scheduled ratemaking proceedings and other decisions that may be considered during the calendar year, along with other specified information to be included in the workplan report. (Public Utilities §910)
- Requires the CPUC to annually submit a report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos and days that commissioners presided in hearings. (Public Utilities Code §910.1)
- Exempts the CPUC from the APA. (Public Utilities Code §1701)
- Authorizes intervenors involving electric, water, and telephone utilities to be compensated for making a substantial contribution to proceedings of the CPUC, as determined by the CPUC. (Public Utilities Code §1801 et seq.)
- Requires intervenor compensation to be awarded to eligible intervenors in a timely manner, within a reasonable period after the intervenor has made the substantial contribution to a proceeding that is the basis for the compensation award. (Public Utilities Code §1801.3)
- Defines "compensation" to mean payments for all or part, as determined by the CPUC, of reasonable advocate's fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award, as specified, and of obtaining judicial review, if any. (Public Utilities Code §1802)
- Defines "customer" to mean any of the following:
- A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the CPUC;
- A representative who has been authorized by a customer; or
- A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation. (Public Utilities Code §1802)
- States that “customer” does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the CPUC’s opinion was established or formed by a local government entity for the purpose of participating in a CPUC proceeding. (Public Utilities Code §1802)
- Establishes an Office of Ratepayer Advocates (ORA) to represent and advocate on behalf of public utility customers with a goal to obtain the lowest possible rate for service consistent with reliable and safe service levels with a primary focus on residential and small commercial customers. (Public Utilities Code §309.5)
This bill:
- Requires the CPUC to hold its sessions at least once in each calendar month, without specifying the location.
- Applies the Administrative Adjudication Codes of Ethics to CPUC administrative law judges.
- Requires the CPUC to seek the participation of those likely to be affected by a decision, prior to determining the scope of a proceeding. This provision does not apply to adjudication cases.
- Requires the CPUC Policy and Planning Division to study the outreach efforts undertaken by other state or federal utility regulatory bodies and make recommendations.
- Requires the CPUC to include a docket card that lists the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses on its Internet Web site.
- Requires the CPUC to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the CPUC's ratemaking process.
- Expands and recasts an existing annual reporting requirement to the Governor and Legislature to include, among other things, the description of all scheduled proceedings that may be considered by the CPUC during the calendar year, the outcomes, and the performance criteria for the CPUC and the executive director.
- Permits intervenor compensation to be paid to certain local government entities that intervene or participate in commission proceedings to the extent that their involvement was for the purpose of protecting health and safety, under specified circumstances.
- Clarifies that intervenor compensation, in proceedings at the CPUC, is allowed for intervenors who made a substantial contribution in a proceeding, regardless of whether or not a settlement is reached.
Background
Reporting to the Legislature. Current law requires the CPUC to publish an annual workplan by February 1st and for the president of the CPUC to appear annually before the relevant legislative policy committees. SB 512 proposes several amendments to ensure the CPUC’s annual report more accurately reflects the agency’s progress related to timeliness of proceedings and the need to ensure the work of the agency is evaluated based on establishing annual goals and performance criteria.
A more “public” Public Utilities Commission. The often legalistic processes at the CPUC can present a daunting challenge for a resident to engage directly in proceedings. SB 512 attempts to improve the agency’s efforts on public engagement by requiring specified information on the website and requiring the agency to seek out those who are likely affected by potential proceedings and actions. This bill requires all public versions of documents related to proceedings are included in the docket card, which lists all documents for a given proceeding. This bill also requires an annual performance evaluation of the executive director by the CPUC based on the established workplan, as well as, information about how members of the public can gain access to ratemaking proceedings.
Code of ethics. Most state agencies follow the APA rules and requirements for rulemakings and enforcement proceedings. However, as a quasi-independent agency, the CPUC is exempt from the APA and instead follows its own rules and procedures. SB 512 proposes to apply the APA Code of Ethics to adjudication proceedings of the CPUC to align with other state agencies. It’s unclear the exact benefit of this change. However, considering the largely universal use of the APA by agencies across the state and the country, a move to align the CPUC towards more commonly used practices and procedure is likely an improvement.
CPUC intervenor compensation. The CPUC initiated its intervenor compensation program in 1981 and state law was enacted in 1984 to govern the program. The program is intended to ensure that intervenors – individuals and groups that represent the interests of utility ratepayers – have the financial resources to bring their concerns and interest to the CPUC at its proceedings. Intervenors advocate for a variety of ratepayers, including residential and small-business customers, minority groups, and the disabled. State law allows intervenors that participate in CPUC proceedings involving utilities, such as electric, gas, and water utilities, to request compensation for the costs associated with that participation. Public utilities generally pay these intervenor compensation awards from the amounts they collect from their ratepayers. These awards affect utility rates so that utilities can recoup any amounts they pay to intervenors.
Intervenor compensation process. An intervenor planning to claim intervenor compensation must get involved in the proceeding by filing a notice of intent to claim compensation that indicates the planned extent and estimated costs of the intervenor’s planned participation in a proceeding. In addition, to be eligible for compensation, the intervenor must show that it meets various mandates that state law imposes, including the need to demonstrate substantial contribution to the CPUC proceeding. When an intervenor participates in a proceeding they are excepted to contribute via factual contentions, legal arguments, or policy recommendations. These efforts can be demonstrated by bringing witnesses, submitting testimony from multiple witnesses, raising issues when it cross-examines the utility’s witnesses during evidentiary hearings, working with other intervenors to achieve a settlement and others. When the CPUC issues a final decision on a proceeding, the intervenor may file a claim for intervenor compensation. The CPUC reviews the claim and adjusts up or down based on their assessment of the intervenor’s participation. Additionally, intervenors must show “significant financial hardship” to receive compensation, by submitting documents demonstrating either that the intervenor could not afford to participate without undue hardship or that the economic interest of the individual members is small in comparison to the cost of effective participation in the proceeding.
Office of Ratepayer Advocates (ORA). Within the CPUC is an independent ORA to represent and advocate on behalf of the interests of public utility customers and subscribers within the jurisdiction of the CPUC. ORA’s goal is to obtain the lowest possible rate for service consistent with reliable and safe service levels. For revenue allocation and rate design matters, the office primarily considers the interests of residential and small commercial customers. ORA has a staff of 147 staff, consisting of engineers, economists, scientists, and auditors with expertise in regulatory issues related to the electricity, natural gas, water, and communications industries in California. ORA’s staff performs in-depth review and analyses of regulatory policy issues and utility proposals, for funding that totals in the tens of billions of dollars, in order to determine whether utility requests are in the interest of the ratepayers who fund utility activities through their utility bills. ORA also supports environmental policies that benefit customers and seeks to ensure that utility actions comport with CPUC rules and California environmental laws and policy goals. In 2015, ORA participated in 192 CPUC proceedings.
Intervenor compensation - government agencies not eligible. The statute governing intervenor compensation excludes state, federal, or local government agency, any public utility, or any entity formed by a local government agency for the purpose of participating in a CPUC proceeding from the definition of customer. This exclusion is premised on the fact that government agencies are funded with public dollars and have the ability to increase taxes or fees to fund their activities. Government agencies can participate as a party in any CPUC proceeding. However, the Senate Energy, Utilities, Communications Committee approved AB 2120 (Weber) which would have allowed county offices of education to collect intervenor compensation for participation on ratemaking proceedings. At the time, the committee discussed the potential slippery slope of allowing schools to receive intervenor compensation. As was noted in the analysis: It may be difficult to allow K-12 schools to participate in the intervenor compensation program, but not allow other government agencies that may also face similar challenges in their ability to raise revenues to cover costs to participate in CPUC proceedings. Ultimately, it’s ratepayers who shoulder the costs of compensating intervenors. This bill would make communities eligible for intervenor compensation that have suffered a catastrophic loss related to utility infrastructure, as was the case for the City of San Bruno who experienced a catastrophic gas pipeline explosion that decimated a neighborhood. In its letter on the bill, the City of San Bruno stated:
As we embarked on our participation in three investigations related to the explosion in our community we were shocked to discover that….such compensation is not available to local government organizations like ours. Cities and counties that have suffered catastrophe are least able to devote their limited resource to the arcane and expensive task of participation in CPUC proceedings – they have more than enough to do to just respond, to address the needs of their residents and to rebuild and recover.
Intervenor compensation when no settlement is reached. This bill clarifies that compensation is allowed for intervenors who made a substantial contribution in a proceeding, regardless of whether or not a settlement is reached. This provision is intended to end the era of "go-along, get-along," a practice instituted by former-CPUC President Peevey to encourage intervenors to enter into settlements in order to receive intervenor compensation. Those who did not settle would not be deemed to have made a substantial contribution and then, therefore, ineligible for intervenor compensation, whether or not their contribution was, indeed, substantial.
Related/Prior Legislation
SB 215 (Leno and Hueso, 2016) proposes a suite of reforms of the CPUC related to governance and operations, including disqualification of commissioners to proceedings, reforming the rules governing ex parte communications, and other reforms. The bill is currently being considered by the Senate Floor.
SB 660 (Leno and Hueso, 2015) proposed reforms of the ex parte communications laws related to ratesetting and quasi-legislative proceedings, addresses the process for disqualifying a commissioner from a proceeding, and other reforms of the CPUC. The bill was vetoed by the Governor.
AB 825 (Rendon, 2015) proposed a suite of reforms of the CPUC to make the agency more accessible and transparent to the public. The bill was vetoed by the Governor.
AB 1023 (Rendon, 2015) proposed to codify the summary log requirements currently required at the CPUC for ratesetting proceedings and extends those requirements to quasi-legislative proceedings. The bill was vetoed by the Governor.
SB 48 (Hill, 2015) proposed a suite of reforms of the governance and operations of the CPUC, including some of the same reforms in SB 661 (Hill, 2015). The bill was vetoed by the Governor.
SB 611 (Hill, as amended April 13, 2013) proposed reforms of the CPUC, including repealing some of the powers of the president. The bill was successfully voted out of Senate Committee on Energy, Utilities and Communications. It was subsequently amended numerous times, and ultimately chaptered into law with unrelated language regarding modified limousines.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Committee on Appropriations, increased CPUC costs of up to $1.1 million annually (Public Utilities Reimbursement Account) to comply with the provisions of this bill.
Most of the costs are associated with providing intervenor fees to local governments, in particular, determining eligibility. According to the Legislative Analyst’s Office, there are over 5,300 local government agencies. This is more than 100 times greater than the number of eligible intervenors that participated in CPUC proceedings during any given year.
California Farm Bureau
City of Carmel-by-the-Sea
City of Laguna Beach
City of San Bruno
Sierra Club California
OPPOSITION: (Verified 8/29/16)
None received
ARGUMENTS IN SUPPORT: According to the author, recent scandals at the CPUC have highlighted the need for more visibility in the interactions between Commissioners and regulated utilities, and a series of embarrassing audits of the CPUC's mismanagement of public funds and poor safety oversight point toward poor management of the organization. This bill is intended to reform the CPUC's governance structure by clearly outlining the roles and responsibilities of Commissioners and providing transparency and accountability.
ASSEMBLY FLOOR: 61-12, 8/29/16
AYES: Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams, Wood, Rendon
NOES: Achadjian, Travis Allen, Bigelow, Brough, Chávez, Beth Gaines, Grove, Harper, Jones, Melendez, Obernolte, Waldron
NO VOTE RECORDED: Dahle, Frazier, Kim, Mayes, Patterson, Steinorth, Wagner
8/31/16 9:27:24
SENATE THIRD READING
STR Bill Id:SB 512
Author:(Hill)
As Amended Ver:August 19, 2016
Majority vote
SENATE VOTE: 37-0
Committee | Votes | Ayes | Noes |
Utilities | 10-2 | Gatto, Burke, Eggman, Cristina Garcia, Hadley, Roger Hernández, Quirk, Santiago, Ting, Williams | Dahle, Obernolte |
Appropriations | 12-2 | Gonzalez, Bloom, Bonilla, Bonta, Chang, Eggman, Eduardo Garcia, Quirk, Santiago, Weber, Wood, McCarty | Bigelow, Obernolte |
SUMMARY: Makes a variety changes to the operations and governance of the California Public Utilities Commission (CPUC). Specifically, this bill:
- Requires the CPUC to hold its sessions at least once in each calendar month, without specifying the location.
- Applies the Administrative Adjudication Codes of Ethics to CPUC administrative law judges.
- Requires the CPUC to seek the participation of those likely to be affected by a decision, prior to determining the scope of a proceeding. This provision does not apply to adjudication cases.
- Requires the CPUC Policy and Planning Division to study the outreach efforts undertaken by other state or federal utility regulatory bodies and make recommendations.
- Requires the CPUC to include a docket card that lists the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses on its Internet Web site.
- Requires the CPUC to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the CPUC's ratemaking process.
- Expands and recasts an existing annual reporting requirement to the Governor and Legislature to include, among other things, the description of all scheduled proceedings that may be considered by the CPUC during the calendar year, the outcomes, and the performance criteria for the CPUC and the executive director.
- Permits intervenor compensation to be paid to certain local government entities that intervene or participate in commission proceedings to the extent that their involvement was for the purpose of protecting health and safety, under specified circumstances.
- Clarifies that intervenor compensation, in proceedings at the CPUC, is allowed for intervenors who made a substantial contribution in a proceeding, regardless of whether or not a settlement is reached.
FISCAL EFFECT: According to the Assembly Appropriations Committee, increased CPUC costs of up to $1.1 million annually (Public Utilities Reimbursement Account) to comply with the provisions of the bill.
Most of the costs are associated with providing intervenor fees to local governments, in particular, determining eligibility. According to the Legislative Analyst's Office, there are over 5,300 local government agencies. This is more than 100 times greater than the number of eligible intervenors that participated in CPUC proceedings during any given year.
COMMENTS
- Purpose: According to the author, recent scandals at the CPUC have highlighted the need for more visibility in the interactions between Commissioners and regulated utilities, and a series of embarrassing audits of the CPUC's mismanagement of public funds and poor safety oversight point toward poor management of the organization. This bill is intended to reform the CPUC's governance structure by clearly outlining the roles and responsibilities of Commissioners and providing transparency and accountability.
- Background: The CPUC is established in the California Constitution and is governed by five full-time Commissioners, appointed by the Governor and confirmed by the Senate, and staffed by approximately 1,000 individuals. The CPUC regulates privately-owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies. CPUC staff includes four personal advisors to each of four Commissioners, five to the President. Additional staff include 42 judges of the Administrative Law Division and numerous attorneys, engineers and accountants who prepare the docket for all CPUC official filings, including maintenance of the official record of proceedings.
- CPUC Deficiencies: The CPUC has recently undergone a number of audits related to its budget, transportation program, natural gas pipeline safety program, and other internal functions. The audit findings raised questions regarding the CPUC's ability to manage its core functions. An audit by the State Auditor in March of 2014 found the CPUC lacks adequate process for the sufficient oversight of utility balancing accounts to protect ratepayers from unfair rate increases.
A recent report commissioned by the CPUC found ex parte communications to be frequent, pervasive, and at least sometimes outcome-determinative in ratesetting cases.
This bill addresses audit findings of mismanagement, poor safety oversight, and failed governance.
- Intervenor Compensation for Local Governments: With regard to intervenor compensation, the City of San Bruno stated in its letter:
As we embarked on our participation in three investigations related to the explosion in our community we were shocked to discover that….such compensation it not available to local government organizations like ours. Cities and counties that have suffered catastrophe are least able to devote their limited resource to the arcane and expensive task of participation in CPUC proceedings – they have more than enough to do to just respond, to address the needs of their residents and to rebuild and recover.
This bill would make communities eligible for intervenor compensation that have suffered a catastrophic loss related to utility infrastructure.
- Intervenor Compensation When No Settlement is Reached. This bill clarifies that compensation is allowed for intervenors who made a substantial contribution in a proceeding, regardless of whether or not a settlement is reached. This provision is intended to end the era of "go-along, get-along," a practice instituted by former-CPUC President Peevey to encourage intervenors to enter into settlements in order to receive intervenor compensation. Those who did not settle would not be deemed to have made a substantial contribution and then, therefore, ineligible for intervenor compensation, whether or not their contribution was, indeed, substantial.
Analysis Prepared by: Sue Kateley / U. & C. / (916) 319-2083 FN: 0004663
SENATE THIRD READING
STR Bill Id:SB 512
Author:(Hill)
As Amended Ver:August 17, 2016
Majority vote
SENATE VOTE: 37-0
Committee | Votes | Ayes | Noes |
Utilities | 10-2 | Gatto, Burke, Eggman, Cristina Garcia, Hadley, Roger Hernández, Quirk, Santiago, Ting, Williams | Dahle, Obernolte |
Appropriations | 12-2 | Gonzalez, Bloom, Bonilla, Bonta, Chang, Eggman, Eduardo Garcia, Quirk, Santiago, Weber, Wood, McCarty | Bigelow, Obernolte |
SUMMARY: Makes a variety changes to the operations and governance of the California Public Utilities Commission (CPUC). Specifically, this bill:
- Requires the CPUC to hold its sessions at least once in each calendar month, without specifying the location.
- Applies the Administrative Adjudication Codes of Ethics to CPUC administrative law judges.
- Requires the CPUC to seek the participation of those likely to be affected by a decision, prior to determining the scope of a proceeding. This provision does not apply to adjudication cases.
- Requires the CPUC Policy and Planning Division to study the outreach efforts undertaken by other state or federal utility regulatory bodies and make recommendations.
- Requires the CPUC to include a docket card that lists the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses on its Internet Web site.
- Requires the CPUC to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the CPUC's ratemaking process.
- Expands and recasts an existing annual reporting requirement to the Governor and Legislature to include, among other things, the description of all scheduled proceedings that may be considered by the CPUC during the calendar year, the outcomes, and the performance criteria for the CPUC and the executive director.
- Permits intervenor compensation to be paid to certain local government entities that intervene or participate in commission proceedings to the extent that their involvement was for the purpose of protecting health and safety, under specified circumstances.
FISCAL EFFECT: According to the Assembly Appropriations Committee, increased CPUC costs of up to $1.1 million annually (Public Utilities Reimbursement Account) to comply with the provisions of the bill.
Most of the costs are associated with providing intervenor fees to local governments, in particular, determining eligibility. According to the Legislative Analyst’s Office, there are over 5,300 local government agencies. This is more than 100 times greater than the number of eligible intervenors that participated in CPUC proceedings during any given year.
COMMENTS
- Purpose: According to the author, recent scandals at the CPUC have highlighted the need for more visibility in the interactions between Commissioners and regulated utilities, and a series of embarrassing audits of the CPUC’s mismanagement of public funds and poor safety oversight point toward poor management of the organization. This bill is intended to reform the CPUC’s governance structure by clearly outlining the roles and responsibilities of Commissioners and providing transparency and accountability.
- Background: The CPUC is established in the California Constitution and is governed by five full-time Commissioners, appointed by the Governor and confirmed by the Senate, and staffed by approximately 1,000 individuals. The CPUC regulates privately-owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies. CPUC staff includes four personal advisors to each of four Commissioners, five to the President. Additional staff include 42 judges of the Administrative Law Division and numerous attorneys, engineers and accountants who prepare the docket for all CPUC official filings, including maintenance of the official record of proceedings.
- CPUC Deficiencies: The CPUC has recently undergone a number of audits related to its budget, transportation program, natural gas pipeline safety program, and other internal functions. The audit findings raised questions regarding the CPUC’s ability to manage its core functions. An audit by the State Auditor in March of 2014 found the CPUC lacks adequate process for the sufficient oversight of utility balancing accounts to protect ratepayers from unfair rate increases.
A recent report commissioned by the CPUC found ex parte communications to be frequent, pervasive, and at least sometimes outcome-determinative in ratesetting cases.
This bill addresses audit findings of mismanagement, poor safety oversight, and failed governance.
- Intervenor compensation for local governments: With regard to intervenor compensation, the City of San Bruno stated in its letter:
As we embarked on our participation in three investigations related to the explosion in our community we were shocked to discover that….such compensation it not available to local government organizations like ours. Cities and counties that have suffered catastrophe are least able to devote their limited resource to the arcane and expensive task of participation in CPUC proceedings – they have more than enough to do to just respond, to address the needs of their residents and to rebuild and recover.
This bill would make communities eligible for intervenor compensation that have suffered a catastrophic loss related to utility infrastructure.
Analysis Prepared by: Sue Kateley / U. & C. / (916) 319-2083 FN: 0004382
Date of Hearing: August 10, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 512
Author:(Hill) – As Amended Ver:August 3, 2016
Policy Committee: | Utilities and Commerce | Vote: | 10 - 2 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill makes a variety changes to the operations and governance of the California Public Utilities Commission (PUC). Specifically, this bill:
- Requires the PUC to hold its sessions at least once in each calendar month, without specifying the location.
- Applies the Administrative Adjudication Codes of Ethics to PUC administrative law judges.
- Requires the PUC to seek the participation of those likely to be affected by a decision, prior to determining the scope of a proceeding. This provision does not apply to adjudication cases.
- Requires the PUC Policy and Planning Division to study the outreach efforts undertaken by other state or federal utility regulatory bodies and make recommendations.
- Requires the PUC to include a docket card that lists the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses on its Internet Web site.
- Requires the PUC to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the PUC's ratemaking process.
- Expands and recasts an existing annual reporting requirement to the Governor and Legislature to include, among other things, the description of all scheduled proceedings that may be considered by the PUC during the calendar year, the outcomes, and the performance criteria for the PUC and the executive director.
- Permits intervenor compensation to be paid to certain local government entities that intervene or participate in commission proceedings to the extent that their involvement was for the purpose of protecting health and safety, under specified circumstances.
FISCAL EFFECT:
Increased PUC costs of up to $1.1 million annually (Public Utilities Reimbursement Account) to comply with the provisions of the bill.
Most of the costs are associated with providing intervenor fees to local governments, in particular, determining eligibility. According to the Legislative Analyst’s Office, there are over 5,300 local government agencies. This is more than 100 times greater than the number of eligible intervenors that participated in PUC proceedings during any given year.
COMMENTS:
- Purpose. According to the author, recent scandals at the PUC have highlighted the need for more visibility in the interactions between Commissioners and regulated utilities, and a series of embarrassing audits of the PUC’s mismanagement of public funds and poor safety oversight point toward poor management of the organization. This bill is intended to reform the PUC’s governance structure by clearly outlining the roles and responsibilities of Commissioners and providing transparency and accountability.
- Background. The PUC is established in the California Constitution and is governed by five full-time Commissioners, appointed by the Governor and confirmed by the Senate, and staffed by approximately 1,000 individuals. The PUC regulates privately-owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies. PUC staff includes four personal advisors to each of four Commissioners, five to the President. Additional staff include 42 judges of the Administrative Law Division and numerous attorneys, engineers and accountants who prepare the docket for all PUC official filings, including maintenance of the official record of proceedings.
- PUC Deficiencies. The PUC has recently undergone a number of audits related to its budget, transportation program, natural gas pipeline safety program, and other internal functions. The audit findings raised questions regarding the PUC’s ability to manage its core functions. An audit by the State Auditor in March of 2014 found the Commission lacks adequate process for the sufficient oversight of utility balancing accounts to protect ratepayers from unfair rate increases.
A recent report commissioned by the PUC found ex parte communications to be frequent, pervasive, and at least sometimes outcome-determinative in ratesetting cases.
This bill addresses audit findings of mismanagement, poor safety oversight, and failed governance.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: June 29, 2016
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Mike Gatto, Chair
SBPCA Bill Id:SB 512
Author:(Hill) – As Amended Ver:June 20, 2016
SENATE VOTE: 37-0
SUBJECT: Public Utilities Commission
SUMMARY: Makes various changes to processes to provide improved transparency of California Public Utilities Commission (CPUC) activities and make revisions to rules governing intervenor compensation to allow local governments to receive such compensation, as specified. Specifically, this bill:
- Requires the CPUC to hold its sessions at least once in each calendar month, without specifying the location.
- Makes the Administrative Adjudication Code of Ethics applicable to administrative law judges of the CPUC.
- Requires, except in adjudication cases, the CPUC, before determining the scope of the proceeding, where feasible and appropriate, to seek the
- Requires the Policy and Planning Division of the CPUC to undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and to make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success.
- Requires the CPUC to include a docket card that lists the public versions of all prepared oral and written testimony and advice letter filings, protests, and responses on its Internet Web site.
- Requires the CPUC to make additional information available on the Internet, including information on how members of the public and ratepayers can gain access to the CPUC's ratemaking process.
- Requires the CPUC to develop, publish, and annually update a report on public meetings held outside San Francisco in the previous year and a schedule of meetings anticipated to be held outside San Francisco during the upcoming year.
- Expands the CPUC's current annual workplan report to described all scheduled proceedings that may be considered by the CPUC during the calendar year and require inclusion of performance criteria for the CPUC and executive director..
- Permits intervenor compensation to be paid to certain local government entities that intervene or participate in commission proceedings to the extent that their involvement was for the purpose of protecting health and safety, under specified circumstances.
EXISTING LAW:
- Establishes the CPUC with five members appointed by the Governor and confirmed by the Senate and empowers it to regulate privately owned public utilities in California. (California Constitution Article XII; Public Utilities Code Section 301 et seq.)
- Requires the office of the CPUC to be located in the City and County of San Francisco. Requires the CPUC to hold at least one session per calendar month in the City and County of San Francisco. (Public Utilities Code Section 306)
- Requires the CPUC to publish and maintain on its website specified information, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided. (Public Utilities Code Section 311.5)
- Requires the CPUC to develop, publish and annually update an annual workplan report that describes the scheduled ratemaking proceedings and other decisions that may be considered during the calendar year, along with other specified information to be included in the workplan report. (Public Utilities Section 910)
- Requires the CPUC to annually submit a report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos and days that commissioners presided in hearings. (Public Utilities Code Section 910.1)
- Exempts the CPUC from the California Administrative Procedures Act. (Public Utilities Code Section 1701)
- Provides compensation for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to public utility customers of participation or intervention in any proceeding of the commission. (Public Utilities Code Section1801 et seq.)
FISCAL EFFECT: Unknown.
COMMENTS:
- Author's Statement. "Recent scandals at the California Public Utilities Commission (CPUC) have highlighted the need for more visibility in the interactions between Commissioners and regulated utilities, and a series of embarrassing audits of the CPUC’s mismanagement of public funds poor safety oversight point toward poor management of the organization.
"SB 512 would reform the CPUC’s governance structure, more clearly outlining the roles and responsibilities of Commissioners and staff, and it would end loopholes that allow regulated utilities to influence CPUC Commissioners outside the public eye."
- Background. This bill addresses several areas of CPUC reform:
- Performance criteria for the commission and the executive director and annually evaluate the performance of the executive director based on those criteria;
- Allows the CPUC to meet anywhere, not just in San Francisco;
- Requires the CPUC to modify its annual report to list its schedule of future rulemakings and report on the timeliness of proceedings so that it says how long proceedings have lasted;
- Requires administrative law judges to adhere to ethics provisions of the Administrative Procedures Act;
- Requires testimony—oral and written—to be docketed on the CPUC's Web site;
- Requires the CPUC to perform outreach to affected groups before opening a commission-instigated proceeding, and requires them to outline the efforts in the opening document of the proceeding;
- Permits local government agencies that have been subject to a utility catastrophe and consortia of local government entities to receive intervenor compensation for safety-related intervention.
When current CPUC President Picker addressed his colleagues and CPUC staff in January 2015 he stated:
"We will move the agency forward with openness and transparency.
"Re-building the CPUC into an organization that is more fair, open, accessible, and effective must start at the top."
This bill provides authority to enable the CPUC to implement those actions that will move the CPUC toward openness and transparency. In addition, by providing performance criteria and review and information about the proceedings, the public can be participate more effectively in CPUC proceedings.
With regard to intervenor compensation, the City of San Bruno stated in its letter:
As we embarked on our participation in three investigations related to the explosion in our community we were shocked to discoverer that….such compensation it not available to local government organizations like ours. Cities and counties that have suffered catastrophe are least able to devote their limited resource to the arcane and expensive task of participation in CPUC proceedings – they have more than enough to do to just respond, to address the needs of their residents and to rebuild and recover.
As written, this bill is unclear that the communities eligible for intervenor compensation would have suffered a catastrophic loss and that the loss is related to utility infrastructure. The author may wish to consider a clarifying amendment to address this.
3) Proposed amendments:
d) “Eligible local government entity” means either of the following:
(1) A local government entity that is not a publicly owned public utility that intervenes or participates in a commission proceeding for the purpose of protecting the health and safety of the residents within the entity’s jurisdiction after suffering a catastrophic material loss, either in significant damage to infrastructure or loss of life and property or both, as a direct result of public utility infrastructure.
(2) A consortium of local governmental entities that intervene or participate in a commission proceeding for the purpose of protecting public health and safety through prevention of material loss, either in significant damage to infrastructure or loss of life and property, as a result of public utility infrastructure.
1802.4. An eligible local government entity is eligible for an award of compensation pursuant to this article for its involvement to the extent that the involvement was for the purpose of protecting health and safety and consistent with subdivision (d) of Section 1802. The eligibility of a local government entity described by paragraph (1) of subdivision (d) of Section 1802, shall be for involvement to the extent that the involvement was germane to the material loss suffered and to improving safety within the entity’s jurisdiction.
4) Support and Opposition:
Supporters state that transcripts are necessary and integral to the development of a complete record in CPUC proceedings and that parties must have timely access to the transcripts in order to support positions taken in briefs, comments or other documents submitted in the proceedings
With respect to intervenor compensation, supporters state that local governments who have suffered catastrophic losses to seek intervenor compensation.
Opponents state that local governments have the power to raise revenue or prioritize workload to cover their operational expenses for the direct benefit of their constituents to advocate in CPUC proceedings. They believe it is inappropriate to ask utility customers to indirectly subsidize the activities of a local government or consortia of local government entities.
5) Related Legislation:
SB 215 (Leno) of 2016: Enacts various reforms to existing law to address issues of governance, transparency, and accountability at the CPUC. Pending in the Assembly.
AB 2120 (Weber) of 2016: Expands eligibility for intervenor compensation to consortia of school districts. Pending in the Senate.
ACR 11 (Gatto) of 2016: Places a measure on the ballot to author Legislature to reform the CPUC functions. Pending in the Senate.
SB 48 (Hill) of 2015: Contained provisions related to judicial review of Public Records Act and Bagley-Keene Open Meeting Act. Vetoed by the Governor.
SB 660 (Leno) of 2015: Restricted the use of ex parte communications in ratesetting and quasi-legislative proceedings. Vetoed by the Governor.
SB 825 (Rendon) of 2015: Created an inspector general for the CPUC, required the CPUC to publish more information, codified procedures in proceedings regarding the release of utility-furnished documents, increased the use of all-part meetings, and made other changes. Vetoed by the Governor.
SB 1165 (Wright) of 2012: Allowed intervenor compensation to be awarded for participation or intervention in proceedings at the CPUC for a county office of education, on behalf of any of the local educational agencies in whole or part within the county or on behalf of itself, or for a community college district. Died in the Senate Appropriations Committee.
AB 1973 (Ruskin) of 2008: Required Senate confirmation of the Governor-appointed president of the CPUC, and had the executive director and attorney take direction from the commission rather than the president. Died on the Assembly Floor.
SB 532 (Kopp), Chapter 938, Statutes of 1995: Revised procedures for administrative procedures by, among other things, requiring that all state adjudicative proceedings adhere to an "administrative adjudication bill of rights," which would promote greater due process, fairness, accessibility, objectivity and consistency in adjudicative proceedings. This bill exempted the CPUC from its requirements.
REGISTERED SUPPORT / OPPOSITION:
Support
California Farm Bureau
California Public Utilities Commission (if amended)
City of Carmel by the Sea
City of Laguna Beach
City of San Bruno
Sierra Club
Opposition
AT&T
California Cable & Telecommunications Association (CCTA)
California Water Association (unless amended)
CTIA
Consolidated Communications
Sprint
T-Mobile
Verizon
Analysis Prepared by: Sue Kateley / U. & C. / (916) 319-2083
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 512
:
PRIOR VOTES NOT RELEVANT
SENATE ENERGY, U. & C. COMMITTEE: 10-0, 1/13/16
AYES: Hueso, Fuller, Cannella, Hertzberg, Hill, Lara, McGuire, Morrell, Pavley, Wolk
NO VOTE RECORDED: Leyva
SENATE APPROPRIATIONS COMMITTEE: 7-0, 1/21/16
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
DIGEST: This bill proposes a suite of reforms of the operations and governance of the California Public Utilities Commission (CPUC), including requiring the CPUC to hold no less than six sessions per year in Sacramento, expand the information required of the CPUC in its annual report and workplan to the Legislature and Governor, require specific information on its website, apply the Code of Ethics from the Administrative Procedures Act (APA) to administrative law judges (ALJs), and others.
Existing law:
- Establishes the CPUC with five members appointed by the Governor and confirmed by the Senate and empowers it to regulate privately owned public utilities in California. (Article XII of the California Constitution; Public Utilities Code §301 et seq.)
- Requires the office of the CPUC to be located in the City and County of San Francisco. Requires the CPUC to hold at least one session per calendar month in the City and County of San Francisco. (Public Utilities Code §306)
- Requires the CPUC to publish and maintain on its website specified information, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided. (Public Utilities Code §311.5)
- Requires the CPUC to develop, publish and annually update an annual workplan report that describes the scheduled ratemaking proceedings and other decisions that may be considered during the calendar year, along with other specified information to be included in the workplan report. (Public Utilities §910)
- Requires the CPUC to annually submit a report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos and days that commissioners presided in hearings. (Public Utilities Code §910.1)
- Exempts the CPUC from the APA. (Public Utilities Code §1701)
This bill:
- Requires the CPUC to hold its sessions at least one in each calendar month in either the City and County of San Francisco or the City of Sacramento, with no less than six sessions in Sacramento each year.
- Requires the CPUC to include in the required docket card all public versions of all prepared written testimony and advice letter filings, protests, and responses.
- Requires the CPUC to make additional information available on the internet, including operation of the office of public advisor and information on how members of the public and ratepayers can gain access to CPUC ratemaking process.
- Reorganizes, clarifies and expands on the requirement for the CPUC to publish an annual workplan report to the Legislature and Governor. Specifically, this bill expands the report and workplan to require the CPUC to establish performance criteria for the CPUC and the executive director and an annual evaluation of the performance of the executive director.
- Expands the information required in the CPUC’s annual report to the Legislature to include information on the timeliness in resolving cases, information on the disposition of applications for rehearings, the number of scoping memos issued in each proceeding, and the number of orders issued extending the statutory deadlines.
- Requires the CPUC to seek the view of those who are likely to be affected by a proceeding prior to instituting a proceeding, except in adjudication cases.
Background
Fatal explosion in San Bruno. On September 9, 2010, a natural gas pipeline owned by Pacific Gas and Electric Company (PG&E) exploded in a residential neighborhood in the City of San Bruno. Eight people died, dozens were injured, 38 houses were destroyed and many more were damaged. The investigations by the National Transportation Safety Board (NTSB) and an independent review panel appointed by the CPUC found that PG&E mismanaged their pipeline over decades, failed to adequately test the strength of the pipeline and, more generally, valued profits over safety. These same investigations also noted the CPUC’s inadequate oversight of PG&E.
Emails demonstrate “Culture of Conversation.” During the summer and fall of 2014, PG&E, bowing to legal pressure from the City of San Bruno, began to release a growing number of emails between utility and CPUC officials. PG&E released 65,000 emails from over a five-year period many of which PG&E says it believes “violated CPUC rules governing ex parte communications.” The initial release of emails exposed regular, private, familiar communications between PG&E and certain CPUC commissioners.
Criminal investigations opened. Since PG&E’s initial release of the emails, both the state Attorney General and the United States Department of Justice have opened investigations into communications between the CPUC and regulated entities. PG&E has fired three senior executives. A senior CPUC official has resigned, while other top CPUC officials – including longtime CPUC President Michael Peevey and Executive Director Paul Clannon – have retired under pressure.
Audits reveal CPUC’s efforts are lacking. In recent years, the CPUC has undergone a number of audits related to its budget, transportation program, natural gas pipeline safety program and others. The findings of these audits have raised concerns about the ability of CPUC to manage even some of its core functions. A March 2014 audit by the State Auditor found that “the commission lacks adequate processes for sufficient oversight of utility balancing accounts to protect ratepayers from unfair rate increases.” The NTSB San Bruno investigation report and subsequent audits found that CPUC’s oversight of natural gas pipeline safety efforts by the utilities needs improvements.
The CPUC quasi-independent, but still accountable to the Legislature. The CPUC was established by constitutional amendment as part of the sweep of progressive reforms in the early 1900s. Then-Governor Hiram Johnson pushed for reforms of the Railroad Commission, which became today’s CPUC, as a largely independent agency that would guard against the corrupting influence of railroads. In demonstration of its independence, the CPUC was located in San Francisco, a distance from the state capitol in Sacramento. Article XII of the California Constitution grants the CPUC authority to regulate public utilities "subject to control of the Legislature" and grants the Legislature "plenary power" to confer authority and jurisdiction upon the CPUC, with the intent that the CPUC be accountable to the Legislature.
Reporting to the Legislature. Current law requires the CPUC to publish an annual workplan by February 1st and for the president of the CPUC to appear annually before the relevant legislative policy committees. SB 512 proposes several amendments to ensure the CPUC’s annual report more accurately reflects the agency’s progress related to timeliness of proceedings and the need to ensure the work of the agency is evaluated based on establishing annual goals and performance criteria.
A more public “Public Utilities Commission”. The often legalistic processes at the CPUC can present a daunting challenge for a resident to engage directly in proceedings. SB 512 attempts to improve the agency’s efforts on public engagement by requiring specified information on the website and requiring the agency to seek out those who are likely affected by potential proceedings and actions. This bill requires all public versions of documents related to proceedings are included in the docket card, which lists all documents for a given proceeding. This bill also requires an annual performance evaluation of the executive director by the CPUC based on the established workplan. As well as information about how members of the public can gain access to ratemaking proceedings.
Code of ethics. Most state agencies follow the APA rules and requirements for rulemakings and enforcement proceedings. However, as a quasi-independent agency, the CPUC is exempt from the APA and instead follows its own rules and procedures. SB 512 proposes to apply the APA Code of Ethics to adjudication proceedings of the CPUC to align with other state agencies. It’s unclear the exact benefit of this change. However, considering the largely universal use of the APA by agencies across the state and the country, a move to align the CPUC towards more commonly used practices and procedure is likely an improvement.
Prior/Related Legislation
AB 825 (Rendon, 2015) proposed a suite of reforms of the CPUC to make the agency more accessible and transparent to the public. The bill was vetoed by the Governor.
AB 1023 (Rendon, 2015) proposed to codify the summary log requirements currently required at the CPUC for ratesetting proceedings and extends those requirements to quasi-legislative proceedings. The bill was vetoed by the Governor.
SB 48 (Hill, 2015) proposed a suite of reforms of the governance and operations of the CPUC, including some of the same reforms in SB 661 (Hill, 2015). The bill was vetoed by the Governor.
SB 215 (Leno and Hueso, 2016) proposes a suite of reforms of the CPUC related to governance and operations, including disqualification of commissioners to proceedings, reforming the rules governing ex parte communications, and other reforms. The bill is currently being considered by the Senate Floor.
SB 660 (Leno and Hueso, 2015) proposed reforms of the ex parte communications laws related to ratesetting and quasi-legislative proceedings, addresses the process for disqualifying a commissioner from a proceeding, and other reforms of the CPUC. The bill was vetoed by the Governor.
SB 611 (Hill, as amended April 13, 2013) proposed reforms of the CPUC, including repealing some of the powers of the president. The bill was successfully voted out of Senate Committee on Energy, Utilities and Communications. It was subsequently amended numerous times, and ultimately chaptered into law with unrelated language regarding modified limousines.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee;
- Ongoing costs of up to $120,000 annually to the Public Utilities Reimbursement Account (special) to have at least six meetings in Sacramento.
- Ongoing costs of $65,000 annually to the Public Utilities Reimbursement Account (special) to evaluate and report to the Legislature on the performance of the CPUC and the executive director.
- One-time costs of $263,000 for two years to the Public Utilities Reimbursement Account (special) for a proceeding to develop rules for the seeking of views of interested parties for all proceedings.
- Ongoing costs of $450,000 annually to the Public Utilities Reimbursement Account (special) to views of those likely to be affected by a proceeding.
- Unknown one-time and ongoing costs, potentially the hundreds of thousands to millions of dollars, to the Public Utilities Reimbursement Account (special) to upgrade and maintain information technology systems to fulfill public information requirements.
None received
OPPOSITION: (Verified 1/21/16)
None received
ARGUMENTS IN SUPPORT: The author states that “recent scandals at the CPUC have highlighted the need for more visibility in the interactions between commissioners and regulated utilities, and a series of embarrassing audits of the CPUC’s mismanagement of public funds [and] poor safety oversight point toward poor management of the operation.”
“SB 512 would reform the CPUC’s governance structure, more clearly outlining the roles and responsibilities of the commissioners and staff, and it would end loopholes that allow regulated utilities to influence CPUC commissioners outside the public eye.”
1/25/16 16:16:45
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 512 (Hill) - Public Utilities Commission
Version: January 4, 2016 | Policy Vote: E.U.&C. 10 - 0 |
Urgency: No | Mandate: No |
Hearing Date: January 19, 2016 | Consultant: Marie Liu |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 512 would make various changes to the governance of the California Public Utilities Commission (CPUC).
Fiscal Impact:
- Ongoing costs of up to $120,000 annually to the Public Utilities Reimbursement Account (special) to have at least six meetings in Sacramento.
- Ongoing costs of $65,000 annually to the Public Utilities Reimbursement Account (special) to evaluate and report to the Legislature on the performance of the commission and the executive director.
- One-time costs of $263,000 for two years to the Public Utilities Reimbursement Account (special) for a proceeding to develop rules for the seeking of views of interested parties for all proceedings.
- Ongoing costs of $450,000 annually to the Public Utilities Reimbursement Account (special) to views of those likely to be affected by a proceeding.
- Unknown one-time and ongoing costs, potentially the hundreds of thousands to millions of dollars, to the Public Utilities Reimbursement Account (special) to upgrade and maintain information technology systems to fulfill public information requirements.
Background:
The CPUC is established in the California Constitution and is governed by five full-time commissioners, appointed by the governor and confirmed by the Senate, and staffed by approximately 1,000 individuals. The CPUC regulates privately-owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies. CPUC staff includes four personal advisors to each commissioner, except five to the president, as well as the 42 judges of the Administrative Law Division – attorneys, engineers and accountants who prepare the docket for all CPUC official filings, including maintenance of the official record of proceedings.
Proposed Law:
This bill would require several changes to the governance of the CPUC and the disclosure of information to the public. Specifically, this bill would:
- Require that the CPUC hold at least six sessions a year in Sacramento.
- Require all prepared written testimony and advice letter filings, protests, and responses to be part of the public docket and posted on the CPUC’s website.
- Make specific information on the CPUC’s processes available to the public on its website.
- Require the CPUC to prepare an annual report with specific information, including a workplan for the preceding year and an evaluation of the performance of the commission and the executive director in the previous calendar year. This report would be required to be available to the public on the CPUC website.
- Revise the required content of the existing annual Legislative report regarding on the duration of cases.
- Apply the Administrative Adjudication Code of Ethics to the CPUC’s administrative law judges.
- Generally require the CPUC to seek the views of all parties likely to be affected by a proceeding before institution that proceeding.
Related Legislation:
The provisions of this bill are substantially similar to provisions in SB 48 (Hill), which was passed by the legislature but vetoed by the governor. In his veto statement, Governor Brown stated, “I support the intent of [SB 18, 48, and AB 825] and many of their proposed reforms, however some additional work is needed to ensure that they achieve their intended purposes and can be effectively implemented.”
Staff Comments:
In order to have at least six meetings in Sacramento instead of San Francisco, the CPUC estimates annual costs of approximately $120,000. This cost would include travel costs for approximately 40 people including CPUC staff and commissioners. The CPUC notes that it would attempt to reserve free rooms for meetings that meet its space and technology requirements, which may lower these costs, but its ability to do so is not a certainty.
This bill would require the CPUC to post thousands of additional documents on its website. Under the CPUC’s current IT system, rudimentary compliance with this bill’s provisions could potentially be achieved through the manual collection and posting of the necessary documents. Assuming this could be done with no major changes to its IT system, staff estimates that this would result in hundreds of thousands of dollars in additional workload. However, the CPUC notes that it has substantial agency-wide IT needs and as such, it has submitted a budget change proposal in the Governor’s proposed 216-17 budget that requests $5.4 million to implement a new agency-wide technology platform (eFiling Administration Support, aka eFAST) that will allow the hosting of the information required by this bill on its website among many other functions. The cost of this system would be spread proportionately among the CPUC’s special funds should it be approved. Staff notes that this bill does not require the development of eFAST or an equivalent system and therefore the costs associated with developing an agency-wide new system are not attributable to this bill. However, should the eFAST system be approved and developed, there will be no costs to the CPUC to comply with the additional posting requirements proposed by this bill.
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SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS
Senator Ben Hueso, Chair
2015 - 2016 Regular
Bill No: SB 512 Hearing Date: 1/13/2016
Author: | Hill | ||
Version: | 1/4/2016 As Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Nidia Bautista | ||
SUBJECT: Public Utilities Commission
DIGEST: This bill proposes a suite of reforms of the operations and governance of the California Public Utilities Commission (CPUC), including requiring the CPUC to hold no less than six sessions per year in Sacramento, expand the information required of the CPUC in its annual report and workplan to the Legislature and Governor, require specific information on its website, apply the Code of Ethics from the Administrative Procedures Act (APA) to administrative law judges (ALJs), and others.
ANALYSIS:
Existing law:
- Establishes the CPUC with five members appointed by the Governor and confirmed by the Senate and empowers it to regulate privately owned public utilities in California. (Article XII of the California Constitution; Public Utilities Code §301 et seq.)
- Requires the office of the CPUC to be located in the City and County of San Francisco. Requires the CPUC to hold at least one session per calendar month in the City and County of San Francisco. (Public Utilities Code §306)
- Requires the CPUC to publish and maintain on its website specified information, including a docket card that lists all documents filed and all decisions or rulings issued in those proceedings, as provided. (Public Utilities Code §311.5)
- Requires the CPUC to develop, publish and annually update an annual workplan report that describes the scheduled ratemaking proceedings and other decisions that may be considered during the calendar year, along with other specified information to be included in the workplan report. (Public Utilities §910)
- Requires the CPUC to annually submit a report to the Legislature on the number of cases where resolution exceeded the time periods prescribed in scoping memos and days that commissioners presided in hearings. (Public Utilities Code §910.1)
- Exempts the CPUC from the APA. (Public Utilities Code §1701)
This bill:
- Requires the CPUC to hold its sessions at least one in each calendar month in either the City and County of San Francisco or the City of Sacramento, with no less than six sessions in Sacramento each year.
- Requires the CPUC to include in the required docket card all public versions of all prepared written testimony and advice letter filings, protests, and responses.
- Requires the CPUC to make additional information available on the internet, including operation of the office of public advisor and information on how members of the public and ratepayers can gain access to CPUC ratemaking process.
- Reorganizes, clarifies and expands on the requirement for the CPUC to publish an annual workplan report to the Legislature and Governor. Specifically, this bill expands the report and workplan to require the CPUC to establish performance criteria for the CPUC and the executive director and an annual evaluation of the performance of the executive director.
- Expands the information required in the CPUC’s annual report to the Legislature to include information on the timeliness in resolving cases, information on the disposition of applications for rehearings, the number of scoping memos issued in each proceeding, and the number of orders issued extending the statutory deadlines.
- Requires the CPUC to seek the view of those who are likely to be affected by a proceeding prior to instituting a proceeding, except in adjudication cases.
Background
Fatal explosion in San Bruno. On September 9, 2010, a natural gas pipeline owned by Pacific Gas and Electric Company (PG&E) exploded in a residential neighborhood in the City of San Bruno. Eight people died, dozens were injured, 38 houses were destroyed and many more were damaged. The investigations by the National Transportation Safety Board (NTSB) and an independent review panel appointed by the CPUC found that PG&E mismanaged their pipeline over decades, failed to adequately test the strength of the pipeline and, more generally, valued profits over safety. These same investigations also noted the CPUC’s inadequate oversight of PG&E.
Emails demonstrate “Culture of Conversation.” During the summer and fall of 2014, PG&E, bowing to legal pressure from the City of San Bruno, began to release a growing number of emails between utility and CPUC officials. PG&E released 65,000 emails from over a five-year period many of which PG&E says it believes “violated CPUC rules governing ex parte communications.” The initial release of emails exposed regular, private, familiar communications between PG&E and certain CPUC commissioners.
Criminal investigations opened. Since PG&E’s initial release of the emails, both the state Attorney General and the United States Department of Justice have opened investigations into communications between the CPUC and regulated entities. PG&E has fired three senior executives. A senior CPUC official has resigned, while other top CPUC officials – including longtime CPUC President Michael Peevey and Executive Director Paul Clannon – have retired under pressure.
Audits reveal CPUC’s efforts are lacking. In recent years, the CPUC has undergone a number of audits related to its budget, transportation program, natural gas pipeline safety program and others. The findings of these audits have raised concerns about the ability of CPUC to manage even some of its core functions. A March 2014 audit by the State Auditor found that “the commission lacks adequate processes for sufficient oversight of utility balancing accounts to protect ratepayers from unfair rate increases.” The NTSB San Bruno investigation report and subsequent audits found that CPUC’s oversight of natural gas pipeline safety efforts by the utilities needs improvements.
The CPUC quasi-independent, but still accountable to the Legislature. The CPUC was established by constitutional amendment as part of the sweep of progressive reforms in the early 1900s. Then-Governor Hiram Johnson pushed for reforms of the Railroad Commission, which became today’s CPUC, as a largely independent agency that would guard against the corrupting influence of railroads. In demonstration of its independence, the CPUC was located in San Francisco, a distance from the state capitol in Sacramento. Article XII of the California Constitution grants the CPUC authority to regulate public utilities "subject to control of the Legislature" and grants the Legislature "plenary power" to confer authority and jurisdiction upon the CPUC, with the intent that the CPUC be accountable to the Legislature.
Reporting to the Legislature. Current law requires the CPUC to publish an annual workplan by February 1st and for the president of the CPUC to appear annually before the relevant legislative policy committees. SB 512 proposes several amendments to ensure the CPUC’s annual report more accurately reflects the agency’s progress related to timeliness of proceedings and the need to ensure the work of the agency is evaluated based on establishing annual goals and performance criteria.
A more public “Public Utilities Commission.” The often legalistic processes at the CPUC can present a daunting challenge for a resident to engage directly in proceedings. SB 512 attempts to improve the agency’s efforts on public engagement by requiring specified information on the website and requiring the agency to seek out those who are likely affected by potential proceedings and actions. The bill requires all public versions of documents related to proceedings are included in the docket card, which lists all documents for a given proceeding. This bill also requires an annual performance evaluation of the executive director by the CPUC based on the established workplan. As well as information about how members of the public can gain access to ratemaking proceedings.
Code of ethics. Most state agencies follow the APA rules and requirements for rulemakings and enforcement proceedings. However, as a quasi-independent agency, the CPUC is exempt from the APA and instead follows its own rules and procedures. SB 512 proposes to apply the APA Code of Ethics to adjudication proceedings of the CPUC to align with other state agencies. It’s unclear the exact benefit of this change. However, considering its largely universal use by agencies across the state and the country, a move to align the CPUC towards more commonly used practices and procedure is likely a better practice.
Prior/Related Legislation
AB 825 (Rendon, 2015) proposed a suite of reforms of the CPUC to make the agency more accessible and transparent to the public. The bill was vetoed by the Governor.
AB 1023 (Rendon, 2015) proposed to codify the summary log requirements currently required at the CPUC for ratesetting proceedings and extends those requirements to quasi-legislative proceedings. The bill was vetoed by the Governor.
SB 48 (Hill, 2015) proposed a suite of reforms of the governance and operations of the CPUC, including some of the same reforms in SB 661 (Hill, 2015). The bill was vetoed by the Governor.
SB 215 (Leno and Hueso, 2016) proposes a suite of reforms of the CPUC related to governance and operations, including disqualification of commissioners to proceedings, reforming the rules governing ex parte communications, and other reforms. The bill is currently being considered in the Senate Committee on Energy, Utilities and Communication.
SB 660 (Leno and Hueso, 2015) proposed reforms of the ex parte communications laws related to ratesetting and quasi-legislative proceedings, addresses the process for disqualifying a commissioner from a proceeding, and other reforms of the CPUC. The bill was vetoed by the governor.
SB 611 (Hill, as amended April 13, 2013) proposed reforms of the CPUC, including repealing some of the powers of the president. The bill was successfully voted out of Senate Committee on Energy, Utilities and Communications. It was subsequently amended numerous times, and ultimately chaptered into law with unrelated language regarding modified limousines.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT:
None received
OPPOSITION:
None received
ARGUMENTS IN SUPPORT: The author argues that “recent scandals at the CPUC have highlighted the need for more visibility in the interactions between commissioners and regulated utilities, and a series of embarrassing audits of the CPUC’s mismanagement of public funds poor safety oversight point toward poor management of the operation.”
“SB 512 would reform the CPUC’s governance structure, more clearly outlining the roles and responsibilities of the commissioners and staff, and it would end loopholes that allow regulated utilities to influence CPUC commissioners outside the public eye.”
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SB 512 (Hill) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 512 (Hill) - Criminal History Information: Health Services Personnel
|
|
Version: April 6, 2015 |
Policy Vote: PUB. S. 4 - 2 |
Urgency: No |
Mandate: Yes |
Hearing Date: May 11, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 512 would require local criminal justice agencies to furnish summary criminal history information to city, county, and city and county health services personnel who are engaged in efforts to identify and treat individuals who have alcohol abuse, substance abuse, or mental health issues, as specified.
Fiscal Impact:
Potentially significant state-reimbursable costs (General Fund) for local criminal justice agencies to provide local health services personnel with summary criminal history information. Local criminal justice agencies are authorized to charge a fee for the provision of criminal history information for purposes of employment (hiring), licensing, or certification purposes. However, to the extent agencies are not authorized to charge a fee for the provision of criminal history information for the purposes of “identification and treatment,” local agencies could potentially submit claims for reimbursement of those costs (General Fund).
Background:
Existing law requires a local criminal justice agency to record and store specified arrest and identification data, also known as local summary criminal history information, regarding persons arrested by the agency.
Existing law requires each local agency to furnish local summary criminal history information to specified entities, including, but not limited to, the courts of the state, peace officers, district attorneys, probation officers, and parole officers, when the information is needed in the course of their duties. (Penal Code (PC) § 13300(b).)
Under existing law, a local agency may furnish local summary criminal history information, upon a showing of compelling need, to specified entities, including but not limited to a public utility, an animal control officer, and peace officers from other states and countries, provided that when the information is furnished to assist an agency, officer, or official, that a specified provision of the Labor Code apply. (PC § 13300(c).)
Existing law provides that whenever local summary criminal history information furnished is to be used for employment, licensing, or certification purposes, the local agency shall charge the person or entity making the request a fee which it determines to be sufficient to reimburse the local agency for the cost of furnishing the information, provided that no fee shall be charged to any public law enforcement agency for local summary criminal history information furnished to assist it in employing, licensing, or certifying a person who is applying for employment with the agency as a peace officer or criminal investigator. Any state agency required to pay a fee to the local agency for information received under this section may charge the applicant a fee sufficient to reimburse the agency for the expense. (PC § 13300(f).)
Proposed Law:
This bill would require local criminal justice agencies to furnish summary criminal history information to city, county, and city and county health services personnel who are engaged in efforts to identify and treat individuals who have alcohol abuse, substance abuse, or mental health issues, for the purpose of providing assessment, treatment, rehabilitation, or other health care to those individuals.
Prior Legislation:
AB1960 (Perea) Chapter 730/2014 requires the Director of a state hospital or a clinician, as defined, to obtain the state summary criminal history information for a patient committed to the Department of State Hospitals, as specified.
AB 1511 (Gaines) Chapter 449/2014 authorizes local criminal justice agencies to provide local summary criminal history information to an animal control officer for the purposes of performing his or her official duties. The bill permits a local agency to charge a reasonable fee sufficient to cover the costs of providing that information.
AB 1136 (Huff) Chapter 222/2014 authorizes the Department of Social Services and county child welfare agencies to share information with respect to applicants, licensees, certificates, or individuals who have been the subject of any administrative action resulting in the denial, suspension, probation, or revocation of a license, permit, or certificate, or in the exclusion of a person from a facility who is subject to a background check.
Staff Comments:
By requiring local criminal justice agencies to furnish criminal history information to local agency health personnel, this bill creates a state-mandated local program. Although local criminal justice agencies are authorized to charge a fee for the provision of criminal history information for purposes of employment (hiring), licensing, or certification purposes, to the extent local criminal justice agencies are not authorized under existing law to charge a fee for the provision of criminal history information for the purposes of “identification and treatment” of individuals, the increased costs to local criminal justice agencies could potentially qualify as a reimbursable state mandate, requiring a subvention of funds from the State. The magnitude of costs would be dependent on the volume of requests from local health personnel statewide, which is unknown at this time, but could be significant.
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SB 512 (Hill ) Page 5 of 5
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 512 Hearing Date: April 28, 2015
Author: |
Hill |
||
Version: |
April 6, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
MK |
||
Subject: Criminal History Information: Health Services Personnel
HISTORY
Source: San Mateo County
Prior Legislation: AB 1969 (Perea) Chapter 730, Stats. 2014
AB 1511 (Gaines) Chapter 449, Stats 2014
AB 1136 (Huff) Chapter 222, Stats. 2014
Support: Unknown
Opposition: California Public Defenders Association
PURPOSE
The purpose of this bill is to authorize city, county or city and county health services personnel to receive the criminal history information of individuals for the purpose of providing assessment, treatment, rehabilitation or other health care to those individuals for alcohol abuse, substance abuse, or mental health issues.
Existing law requires the Department of Justice (DOJ) to maintain state summary criminal history information. (Penal Code § 11105(a).)
Existing law authorizes DOJ to furnish state summary criminal history information to the following specified entities:
the courts of California;
peace officers, as defined;
district attorneys of California;
prosecuting city attorneys;
city attorneys pursuing civil gang injunctions or drug abatement actions;
probation officers of California;
parole officers of California;
a public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon;
a public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law;
any agency, officer, or official of the state if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct;
any city or county, city and county, district, or any officer or official thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct;
the subject of the state summary criminal history information;
any person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct;
Health officers of a city, county, city and county, or district when in the performance of their official duties preventing the spread of communicable diseases;
any managing or supervising correctional officer of a county jail or other county correctional facility;
any humane society, or society for the prevention of cruelty to animals for the appointment of humane officers;
local child support agencies;
county child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information for the specified purposes;
the court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state as specified;
child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state as specified;
an officer providing conservatorship investigations;
a person authorized to conduct a guardianship investigation; and,
a humane officer for the purposes of performing his or her duties. (Penal Code § 11105 (b).)
Existing law states that DOJ may furnish state summary criminal history information, when specifically authorized, and federal-level criminal history information upon a showing of compelling need to any of the specified agencies, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, the employer must follow restrictions listed in the Labor Code. (Penal Code § 11105(c).)
Existing law states, notwithstanding any other law, a human resource agency or an employer may request from DOJ records of all convictions or any arrest pending adjudication involving the offenses specified of a person who applies for a license, employment, or volunteer position, in which he or she would have supervisory or disciplinary power over a minor or any person under his or her care. Requires DOJ to furnish the information to the requesting employer and also send a copy of the information to the applicant. (Penal Code § 11105.3(a).)
Existing law authorizes any local criminal justice agency as defined to compile local summary criminal history information and requires the local criminal justice agency to furnish this information to any of the specified entities. (Penal Code § 13300.)
This bill will add a city, county or city and county health services personnel who are engaged in efforts to identify and treat individuals who have alcohol abuse, substance abuse, or mental health issues, for the purpose of providing assessment, treatment rehabilitation or other health care to those individuals to those who can receive local summary criminal history information.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.”( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed to reducing the prison population;
Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or legislative drafting error; and
Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
As in most counties, each year in San Mateo County, thousands of people become involved with the criminal justice system. Many of these people are “frequent flyers,” having regular contact with the system due to alcohol use, substance abuse, and/or mental health related issues. A parallel phenomenon exists at the San Mateo County Medical Center Emergency Room, where some people regularly use expensive emergency room services for substance abuse, mental health related issues and routine medical care. Experience suggests that the populations overlap substantially.
San Mateo County Health System personnel would like to target specific medical, substance abuse, and/or mental health services to criminal justice involved individuals with the aim of linking them to appropriate care upon discharge, with the hopes of achieving better outcomes. Targeted interventions could include steering frequent emergency room users into ambulatory care services, specialized medication protocols such as Vivitrol for chronic alcoholics, full service partnerships for the severely mentally ill, and more informed service referrals.
However, under existing law, county health services personnel cannot access local summary criminal justice information for purposes of program planning and identifying those who may benefit from enhanced services.
2. Access to Summary History Information
Existing law sets forth who is authorized to receive criminal history information compiled by the DOJ or by local agencies. This bill would add city, county and city and county health services personnel who are engaged in efforts to identify and treat individuals who have alcohol abuse, substance abuse, or mental health issues for the purposes of providing assessment, treatment rehabilitation or other health care to those individuals who can receive criminal history information.
According to the author:
As in most counties, each year in San Mateo County thousands of people become involved with the criminal justice system. Many of these people also have regular contact with the health system due to alcohol use, substance abuse, and/or mental health related problems. The San Mateo County Medical Center Emergency Room has witnessed some individuals regularly accessing expensive emergency room services for substance abuse and/or mental health related problems and routine medical care. Experience suggests that the populations overlap substantially and that earlier intervention strategies could be targeted to reduce both criminal justice system and emergency department involvement and improve health outcomes.
Thus, this bill would allow city, county and city and county health systems to access criminal history information to allow:
County health systems to plan better for the types of health/behavioral services that would be most effective in serving the local jail population once they are released into the community. To do that, the health staff would be assisted by knowing where they are already serving the population and where they are not. It will also provide information on what portion of the justice-involved population accessing services is part of the County’s Health Plan.
Specifically:
In San Mateo County [the sponsor], health personnel could use the local justice data inquiry for a variety of reasons to fully understand a clients’ background, and provide individualized care. Health staff will need to know why a person is getting arrested, drunk in public, drugs, domestic violence related to alcoholism and the number of occasions this has occurred. The law enforcement information will serve to better inform the treatment that an individual may engage in.
Is it appropriate for city, county and city and county health officials to access criminal justice information to help with the treatment of individuals?
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Discussed in Hearing
2MIN
Senate Floor
1MIN
Assembly Floor
28MIN
Assembly Standing Committee on Utilities and Commerce
2MIN
Senate Floor
25SEC
Senate Standing Committee on Appropriations
16SEC
Senate Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):