BILL NUMBER: AB 2490	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 18, 2002

INTRODUCED BY   Assembly Member Canciamilla

                        FEBRUARY 21, 2002

   An act to amend Section 311 of, and to add Section 316.7 to, the
Public Utilities Code, relating to the Public Utilities Commission.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2490, as amended, Canciamilla.  Public Utilities Commission:
decisions and reporting.
   (1) Existing law requires decisions of the Public Utilities
Commission to be issued, at a minimum, following a 30-day period,
subject to a reduction or waiver procedure.  Existing law does not
set forth a maximum period for the issuance of a decision by the
commission.
   This bill would require the commission to issue a decision in any
matter before it not more than  180   210
days after submission for decision or not more than  90
  120  days after issuance of a proposed decision
in any matter unless the commission first issues a written order
extending the time for a final decision, not to exceed 60 additional
days, and indicates in that written order the stated cause for the
delay  or unless an alternate decision, as defined, is issued not
later than 120 days following the issuance of the proposed decision,
in which case the bill would require that a final decision be issued
not later than 90 days from the issuance of the alternate decision
 .
   (2) Existing law requires the Public Utilities Commission to
submit to the Governor an annual report containing a complete account
of its transactions and proceedings for the preceding fiscal year,
along with any other facts, suggestions, and recommendations the
commission deems of public value.
   This bill would also require the commission to submit a report to
the Legislature whenever the commission or the commission's staff,
misses a statutory deadline to meet or act on a matter before the
commission.  The bill would require the report to be submitted to the
Governor and the Legislature within 10 days of the missed deadline.

   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 311 of the Public Utilities Code is amended to
read:
   311.  (a) The commission, each commissioner, the executive
director, and the assistant executive directors may administer oaths,
certify to all official acts, and issue subpoenas for the attendance
of witnesses and the production of papers, waybills, books,
accounts, documents, and testimony in any inquiry, investigation,
hearing, or proceeding in any part of the state.
   (b) The administrative law judges may administer oaths, examine
witnesses, issue subpoenas, and receive evidence, under rules that
the commission adopts.
   (c) The evidence in any hearing shall be taken by the commissioner
or the administrative law judge designated for that purpose.  The
commissioner or the administrative law judge may receive and exclude
evidence offered in the hearing in accordance with the rules of
practice and procedure of the commission.
   (d) Consistent with the procedures contained in Sections 1701.1,
1701.2, 1701.3, and 1701.4, the assigned commissioner or the
administrative law judge shall prepare and file an opinion setting
forth recommendations, findings, and conclusions.  The opinion of the
assigned commissioner or the administrative law judge is the
proposed decision and a part of the public record in the proceeding.
The proposed decision of the assigned commissioner or the
administrative law judge shall be filed with the commission and
served upon all parties to the action or proceeding without undue
delay, not later than 90 days after the matter has been submitted for
decision.  The commission shall issue its decision not sooner than
30 days following filing and service of the proposed decision by the
assigned commissioner or the administrative law judge, except that
the 30-day period may be reduced or waived by the commission in an
unforeseen emergency situation or upon the stipulation of all parties
to the proceeding or as otherwise provided by law.  In no event
shall the commission issue a decision in any matter before it more
than  180   210  days after submission for
decision or more than  90   120  days after
issuance of a proposed decision in any matter unless the commission
first issues a written order extending the time for a final decision,
not to exceed 60 additional days, and indicates in that written
order the stated cause for the delay  , or unless an alternate
decision, as defined in subdivision (e), is issued not later than 120
days from the issuance of the proposed decision, in which case a
final decision shall be issued not later than 90 days from the
issuance of the alternate decision  .  The commission may, in
issuing its decision, adopt, modify, or set aside the proposed
decision or any part of the decision.  Where the modification is of a
decision in an adjudicatory hearing it shall be based upon the
evidence in the record.  Every finding, opinion, and order made in
the proposed decision and approved or confirmed by the commission
shall, upon that approval or confirmation, be the finding, opinion,
and order of the commission.
   (e) Any item appearing on the commission's public agenda as an
alternate item to a proposed decision or to a decision subject to
subdivision (g) shall be served upon all parties to the proceeding
without undue delay and shall be subject to public review and comment
before it may be voted upon.  For purposes of this subdivision
"alternate" means either a substantive revision to a proposed
decision that materially changes the resolution of a contested issue
or any substantive addition to the findings of fact, conclusions of
law, or ordering paragraphs.  The commission shall adopt rules that
provide for the time and manner of review and comment and the
rescheduling of the item on a subsequent public agenda, except that
the item may not be rescheduled for consideration sooner than 10 days
following service of the alternative item upon all parties.  The
commission's rules may provide that the time and manner of review and
comment on an alternate item may be reduced or waived by the
commission in an unforeseen emergency situation.
   (f) The commission may specify that the administrative law judge
assigned to a proceeding involving an electrical, gas, telephone,
railroad, or water corporation, or a highway carrier, initiated by
customer or subscriber complaint need not prepare, file, and serve an
opinion, unless the commission finds that to do so is required in
the public interest in a particular case.
   (g) (1) Prior to voting on any commission decision not subject to
subdivision (d), the decision shall be served on parties and subject
to at least 30 days public review and comment.  Any alternate to any
commission decision shall be subject to the same requirements as
provided for alternate decisions under subdivision (e).  For purposes
of this subdivision, "decision" also includes resolutions, including
resolutions on advice letter filings.
   (2) The 30-day period may be reduced or waived in an unforeseen
emergency situation, upon the stipulation of all parties in the
proceeding, for an uncontested matter in which the decision grants
the relief requested, or for an order seeking temporary injunctive
relief.  In no event shall the commission issue a decision in any
matter before it more than  180   210  days
after submission for decision or more than  90 
 120  days after issuance of a proposed decision in any
matter unless the commission first issues a written order extending
the time for a final decision, not to exceed 60 additional days, and
indicates in that written order the stated cause for the delay.
   (3) This subdivision does not apply to uncontested matters that
pertain solely to water corporations, or to orders instituting
investigations or rulemakings, categorization resolutions under
Sections 1701.1 to 1701.4, inclusive, or orders authorized by law to
be considered in executive session.  Consistent with regulatory
efficiency and the need for adequate prior notice and comment on
commission decisions, the commission may adopt rules, after notice
and comment, establishing additional categories of decisions subject
to waiver or reduction of the time period in this section.
   (h) Notwithstanding any other provision of law, amendments,
revisions, or modifications by the commission of its Rules of
Practice and Procedure after January 1, 1999, shall be submitted to
the Office of Administrative Law for prior review in accordance with
Sections 11349, 11349.3, 11349.4, 11349.5, 11349.6, and 11350.3 of,
and subdivisions (a) and (b) of Section 11349.1 of, the Government
Code.  If the commission adopts an emergency revision to its Rules of
Practice and Procedure based upon a finding that the revision is
necessary for the preservation of the public peace, health and
safety, or general welfare, this emergency revision shall only be
reviewed by the Office of Administrative Law in accordance with
subdivisions (b) to (d), inclusive, of Section 11349.6 of the
Government Code.  The emergency revision shall become effective upon
filing with the Secretary of State and shall remain in effect for no
more than 120 days.  A petition for writ of review pursuant to
Section 1756 of a commission decision amending, revising, or
modifying its Rules of Practice and Procedure shall not be filed
until the regulation has been approved by the Office of
Administrative Law, the Governor, or a court pursuant to Section
11350.3 of the Government Code.  If the period for filing the
petition for writ of review would otherwise have already commenced
under Section 1733 or 1756 at the time of that approval, then the
period for filing the petition for writ of review shall continue
until 30 days after the date of that approval.  Nothing in this
subdivision shall require the commission to comply with Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code.  This subdivision is only
intended to provide for the Office of Administrative Law review of
procedural commission decisions relating to Commission Rules of
Practice and Procedure, and not General Orders, resolutions, or other
substantive regulations.
  SEC. 2.  Section 316.7 is added to the Public Utilities Code, to
read:
   316.7.  (a) The commission shall submit a report to the
Legislature whenever the commission, or the commission's staff,
misses a statutory deadline to meet or act on a matter before the
commission.  The report shall be submitted within 10 days of the
missed deadline.
   (b) The report shall state the nature of the deadline that was
missed and the reasons for missing that deadline.
   (c) The commission shall submit copies of the report to the
Governor, the chairs of the Assembly and Senate policy committees
with jurisdiction over utility issues, the Chair of the Assembly
Budget Committee, and the Chair of the Senate Budget and Fiscal
Review Committee.