BILL NUMBER: AB 1735	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2003
	AMENDED IN SENATE  JULY 16, 2003
	AMENDED IN SENATE  JULY 2, 2003
	AMENDED IN ASSEMBLY  MAY 28, 2003
	AMENDED IN ASSEMBLY  MAY 8, 2003
	AMENDED IN ASSEMBLY  APRIL 24, 2003

INTRODUCED BY   Committee on Utilities and Commerce (Reyes (Chair),
Calderon, Campbell, Canciamilla, Diaz, Jerome Horton, La Malfa,
Levine, Maddox, Nunez, Richman, and Ridley-Thomas)

                        MARCH 5, 2003

   An act to add Sections 1701.5 and 1701.6 to the Public Utilities
Code, relating to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1735, as amended, Committee on Utilities and Commerce.  Public
Utilities Commission:  ratesetting and quasi-legislative cases.
   (1) Under the Public Utilities Act, the Public Utilities
Commission has regulatory authority over public utilities and is
authorized to conduct investigations and conduct proceedings.
Existing law authorizes 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, authorizes the commission to assign one or more
commissioners and administrative law judges to oversee cases, and
prescribes separate procedures for proceedings that the commission
determines are either quasi-legislative, adjudication, or ratesetting
cases.  The assigned commissioner or administrative law judge is
required to schedule a prehearing conference and to issue a scoping
memo that describes the issues to be considered and the applicable
timetable for resolution.  Adjudication matters are required to be
resolved within 12 months of initiation unless the commission makes
findings why that deadline cannot be met and issues an order
extending that deadline.  In a ratesetting or quasi-legislative
hearing, the commission is required to issue a final decision not
later than 60 days after the issuance of a proposed decision, except
that under extraordinary circumstances the commission may extend the
time for issuance of a final decision for a reasonable period.
   This bill would require the commission to resolve the issues in
the scoping memo in a ratesetting or quasi-legislative case within 18
months of the date the scoping memo is issued, unless the commission
makes a written determination that the deadline cannot be met and
issues an order extending that deadline.   The bill would
prohibit any single order from extending the deadline for more than
60 days.   The bill would authorize the commission to specify in
the scoping memo a resolution date later than 18 months from the
date the scoping memo is issued, if that scoping memo includes
specific reasons for the necessity of a later date and the
commissioner assigned to the case approves the date.
   (2) Existing law requires the commission to develop, publish, and
annually update an annual work plan access guide that describes the
scheduled ratemaking proceedings and other decisions that may be
considered by the commission during the calendar year, as prescribed.
  Existing uncodified law requires the commission to annually 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 require that the president of the commission to
appear annually before the appropriate policy committees of the
Legislature to report on the annual work plan access guide and to
report on the number of cases where resolution exceeded the time
periods prescribed in scoping memos and the days that commissioners
presided in hearings.
   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 1701.5 is added to the Public Utilities Code,
to read:
   1701.5.   (a) Except as specified in subdivision (b), in a
ratesetting or quasi-legislative case, the commission shall resolve
the issues raised in the scoping memo within 18 months of the date
the scoping memo is issued, unless the commission makes a written
determination that the deadline cannot be met, including findings as
to the reason, and issues an order extending the deadline.   No
single order may extend the deadline for more than 60 days. 
   (b) Notwithstanding subdivision (a), the commission may specify in
a scoping memo a resolution date later than 18 months from the date
the scoping memo is issued, if that scoping memo includes specific
reasons for the necessity of a later date and the commissioner
assigned to the case approves the date.
  SEC. 2.  Section 1701.6 is added to the Public Utilities Code, to
read:
   1701.6.  (a) The president of the commission shall annually appear
before the appropriate policy committees of the Senate and Assembly
to report on the annual work plan access guide of the commission
required pursuant to Section 321.6.
   (b) The president of the commission shall annually appear before
the appropriate policy committees of the Senate and Assembly to
report on the annual report of the commission on the number of cases
where resolution exceeded the time periods prescribed in scoping
memos and the days that commissioners presided in hearings, pursuant
to Section 13 of Chapter 856 of the Statutes of 1996.