Mark Leno
- Democratic
Author
(1) The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. The California Constitution grants the commission certain general powers over all public utilities, subject to control by the Legislature. Existing law requires the commission, upon initiating a hearing, to assign one or more commissioners to oversee the case and an administrative law judge, when appropriate. Existing law requires the commission to adopt procedures on the disqualification of administrative law judges due to bias or prejudice similar to those of other state agencies and superior courts. This bill would require the commission to additionally adopt procedures on the disqualification of commissioners due to bias or prejudice similar to those of other state agencies and superior courts. For ratesetting or adjudicatory proceedings, the bill would require a commissioner or an administrative law judge to be disqualified for bias or prejudice based on specified criteria. The bill would prohibit commission procedures from authorizing a commissioner or administrative law judge to rule on a motion made by a party to a proceeding to disqualify the commissioner or administrative law judge due to bias or prejudice. (2) The Public Utilities Act requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, adjudication, or ratesetting hearing. Existing law regulates communications in matters before the commission and defines an "ex parte communication" as any oral or written communication between a decisionmaker and a person with an interest in a matter before the commission concerning substantive, but not procedural, issues that does not occur in a public hearing, workshop, or other public proceeding, or on the official record of the proceeding on the matter. Existing law requires the commission, by regulation, to adopt and publish any requirements for written reporting of ex parte communications and appropriate sanctions for noncompliance with any rule proscribing ex parte communications. The act provides that ex parte communications are prohibited in adjudication and ratesetting cases, with certain exceptions. The act requires that ex parte communications be permitted in quasi-legislative cases, without any restrictions. This bill would recast the laws relating to ex parte communications in regard to commission proceedings. (3) The Political Reform Act of 1974 (PRA) provides for the regulation of the lobbying industry, including defining the term "lobbyist" and regulating the conduct of lobbyists. This bill would state that it is the intent of the Legislature that the commission, and any entity or person seeking to influence actions taken by the commission, be subject to all applicable ethical standards, including any applicable obligations under the PRA, including applicable lobbying obligations. (4) 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 and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by expanding the application of a crime. (5) 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.
Chaptered by Secretary of State. Chapter 807, Statutes of 2016.
Approved by the Governor.
Enrolled and presented to the Governor at 1:30 p.m.
Assembly amendments concurred in. (Ayes 36. Noes 0. Page 5422.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 79. Noes 0. Page 6055.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 15. Noes 0.) (August 11).
Joint Rule 62(a) suspended.
August 10 set for first hearing. Placed on APPR. suspense file.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (June 29).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & C.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & C.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 37. Noes 0. Page 2952.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0. Page 2934.) (January 21).
Set for hearing January 21.
January 19 hearing: Placed on APPR. suspense file.
Set for hearing January 19.
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.
Set for hearing January 13.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on E., U., & C.
April 27 hearing postponed by committee.
Set for hearing April 27.
April 21 hearing postponed by committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on E., U., & C.
Set for hearing April 21.
From printer. May be acted upon on or after March 15.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB215 | HTML |
| 02/12/15 - Introduced | |
| 04/15/15 - Amended Senate | |
| 01/04/16 - Amended Senate | |
| 05/23/16 - Amended Assembly | |
| 06/20/16 - Amended Assembly | |
| 08/01/16 - Amended Assembly | |
| 08/03/16 - Amended Assembly | |
| 08/18/16 - Amended Assembly | |
| 08/26/16 - Enrolled | |
| 09/29/16 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.