BILL NUMBER: AB 1389	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2003
	AMENDED IN ASSEMBLY  APRIL 22, 2003

INTRODUCED BY   Assembly Member Ridley-Thomas

                        FEBRUARY 21, 2003

   An act to add Section 12123 to the Public Contract Code, and
Sections 7911 and 7912 to the Public Utilities Code, relating to
public utilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1389, as amended, Ridley-Thomas.  Public utilities:  rights and
obligations:  hiring:  purchases of goods and services. 
   Under  
   (1) Under  existing law, the Public Utilities Commission has
regulatory authority over public utilities.  The Public Utilities Act
establishes the rights and obligations of public utilities under the
jurisdiction of the commission.  Existing law establishes the rights
and obligations of utility corporations and their employees, and
requires each electrical, gas, and telephone corporation with
specified gross annual revenues, to submit annually to the
commission, a detailed and verifiable plan for increasing women,
minority, and disabled veteran business enterprise procurement,
requires the commission to establish guidelines to be used to
establish programs to achieve established goals in those plans, and
requires the commission to annually report to the Legislature on
progress under these programs.
   This bill would provide that it is the policy of California,
consistent with constitutional requirements, that the state, when
exercising its proprietary role as a purchaser of goods and services
from public utilities, act to promote the employment of California
residents.  The bill would require the commission to annually report
certain information on each public utility  ,  to
the  Legislature  Assembly Committee on
Utilities and Commerce and the Senate Committee on Energy, Utilities
and Communications, or successor committees  , and to make the
information available to the public on its Internet Web site.

   Existing  
   (2) Existing  law provides for acquisition of
telecommunications goods and services by the state under the
supervision of, the Department of General Services, which has sole
responsibility for the establishment of tactical policy and
procedures for telecommunications and data-processing acquisitions
consistent with statewide strategic policy as established by the
Department of Finance.
   This bill would provide that it is the policy of the state,
consistent with constitutional requirements, when purchasing
telecommunications goods and services, to act to promote the
employment of California residents.
   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.  The Legislature finds and declares all of the
following:
   (a) Public utilities serve a vital function, providing basic
infrastructure essential to the efficient conduct of commerce and
societal interaction.
   (b) In exchange for the state's granting of public utility
monopolies or near-monopolies, the public utilities bear a heightened
responsibility for contributing to the public interest.
   (c) The public interest has been interpreted to include providing
an adequate level of public utility service at a just and reasonable
rate.  This interpretation has not explicitly included a
consideration of the benefits of public utility employment to the
state and its residents.  A more complete interpretation of the
public interest would give this consideration some weight.
   (d) Given the difficult economic climate and the increasing
unemployment rate within the State of California, it is necessary and
proper state policy to encourage the employment of Californians by
California's public utilities.
   (e) The state, when exercising its proprietary function of
purchasing goods and services, should make purchases that promote the
employment of California residents and not do business with utility
corporations that shift jobs outside of California.
   (f) The Public Utilities Commission should monitor and annually
report to the Legislature, information showing the level of
employment of California residents by public utilities, so that the
state can make knowledgeable proprietary decisions when purchasing
utility goods and services.
  SEC. 2.  Section 12123 is added to the Public Contract Code, to
read:
   12123.  It is the policy of the State of California, consistent
with the federal and state constitutions, that the state, when
exercising its proprietary role as a purchaser of telecommunications
goods and services, act to promote the employment of California
residents.
  SEC. 3.  Section 7911 is added to the Public Utilities Code, to
read:
   7911.  It is the policy of the State of California, consistent
with the federal and state constitutions, that the state, when
exercising its proprietary role as a purchaser of goods and services
from public utilities, act to promote the employment of California
residents.
  SEC. 4.  Section 7912 is added to the Public Utilities Code, to
read:
   7912.  The commission shall annually report to the 
Legislature   Assembly Committee on Utilities and
Commerce and the Senate Committee on Energy, Utilities and
Communications, or successor committees,  and  , 
within a reasonable time thereafter, make available to the public on
its Internet Web site, information for each public utility, showing
all of the following:
   (a) The number of customers served in California by the public
utility.
   (b) The percentage of the public utilities' total domestic
customer base that  reside   resides  in
California.
   (c) The number of California residents employed by the public
utility, calculated on a full-time or full-time equivalent basis.
   (d) The percentage of the public utilities' total domestic
workforce, calculated on a full-time or full-time equivalent basis,
that  reside   resides  in California.
   (e) The capital investments made by the public utility in
California during the yearly reporting period.