SB 981

Bill Subjects

Abstract

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, as defined. The qualifications and tenure of members of the commission are set forth in the California Constitution. Existing law prohibits a commissioner from holding an official relation to or having a financial interest in a person or corporation subject to regulation by the commission and requires the commission to adopt an updated Conflict of Interest Code and State of Incompatible Activities. Existing law authorizes the commission to appoint an attorney to the commission to hold office during the pleasure of the commission. Existing law provides for the comprehensive regulation of campaign financing, conflicts of interests of public officials, and lobbying. Existing law prohibits a designated employee of a state administrative agency, any officer, employee, or consultant of a state administrative agency holding a position that entails the making, or participation in making, of decisions that may foreseeably have a material effect on any financial interest, and a member of a state administrative agency, for a period of one year after leaving office of employment, to act as agent or attorney for, or otherwise represent, any other person, by making any formal or informal appearance, or by making any oral or written communication, before any state administrative agency, or officer or employee thereof, for which he or she worked or represented during the 12 months before leaving office of employment, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. This bill would prospectively prohibit a commissioner, executive employee of the commission, as defined, or the attorney appointed by the commission, for a period of 2 years after leaving the employment of the commission, from representing, for compensation, any public utility, affiliate of a public utility, or other entity or person regulated by the commission by making any formal or informal appearance, or by making any oral or written communication, before the commission, or officer or employee thereof, if the appearance or communication is made for the purpose of influencing commission action. The bill would prospectively prohibit the commission from hiring, as an executive employee of the commission, or appointing as the attorney for the commission, any person who, in the previous 2 years, was an executive officer, as defined, of a public utility subject to the regulatory authority of the commission pursuant to the Public Utilities Act. The bill would prospectively prohibit any person from holding the office of commissioner who, in the previous 2 years, was an executive officer of a public utility subject to the regulatory authority of the commission pursuant to the Public Utilities Act. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act, the bill's restrictions on actions that may be undertaken upon leaving the commission would impose a state-mandated local program by creating a new 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.