BILL NUMBER: SB 1624	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bowen

                        FEBRUARY 20, 2004

   An act to amend Section 309.5 of the Public Utilities Code,
relating to the Public Utilities Commission.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1624, as introduced, Bowen.  Public Utilities Commission:
Office of Ratepayer Advocates.
   Existing law establishes a division within the Public Utilities
Commission to represent the interests of public utility customers and
subscribers.
   This bill would replace references to the division with the Office
of Ratepayer Advocates.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


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


  SECTION 1.  Section 309.5 of the Public Utilities Code is amended
to read:
   309.5.  (a) There is within the commission  a division
  the Office of Ratepayer Advocates,  to represent
the interests of public utility customers and subscribers within the
jurisdiction of the commission.  The goal of the  division
shall be   Office of Ratepayer Advocates is  to
obtain the lowest possible rate for service consistent with reliable
and safe service levels. For revenue allocation and rate design
matters, the  division   Office of Ratepayer
Advocates  shall primarily consider the interests of residential
and small commercial customers.  The amendments made to this section
by Chapter 440 of the Statutes of 2001 are not intended to expand
the representation and responsibilities of the  division
  Office of Ratepayer Advocates  .
   (b) The director of the  division   Office of
Ratepayer Advocates  shall be appointed by and serve at the
pleasure of the Governor, subject to confirmation by the Senate.  The
director shall annually appear before the appropriate policy
committees of the Assembly and the Senate to report on the activities
of the  division   Office of Ratepayer
Advocates  .
   (c) The commission shall, by rule or order, provide for the
assignment of personnel to, and the functioning of, the 
division   Office of Ratepayer Advocates  .  The
 division   Office of Ratepayer Advocates 
may employ experts necessary to carry out its functions.  Personnel
and resources shall be provided to the  division 
 Office of Ratepayer Advocates  at a level sufficient to
ensure that customer and subscriber interests are fairly represented
in all significant proceedings.
   (d) The commission shall develop appropriate procedures to ensure
that the existence of the  division   Office of
Ratepayer Advocates  does not create a conflict of roles for any
employee or his or her representative.  The procedures shall
include, but shall not be limited to, the development of a code of
conduct and procedures for ensuring that advocates and their
representatives on a particular case or proceeding are not advising
decisionmakers on the same case or proceeding.
   (e) The  division  Office of Ratepayer
Advocates  may compel the production or disclosure of any
information it deems necessary to perform its duties from entities
regulated by the commission provided that any objections to any
request for information shall be decided in writing by the assigned
commissioner or by the president of the commission if there is no
assigned commissioner.
   (f) There is hereby created the Public Utilities Commission
Ratepayer Advocate Account in the General Fund.  Moneys from the
Public Utilities Commission Utilities Reimbursement Account in the
General Fund shall be transferred in the annual Budget Act to the
Public Utilities Commission Ratepayer Advocate Account.  The funds in
the Public Utilities Commission Ratepayer Advocate Account shall be
utilized exclusively by the  division   Office
of Ratepayer Advocates  in the performance of its duties.  The
commission shall annually submit a staffing report containing a
comparison of the staffing levels for each five-year period.
   (g) On or before January 10 of each year, the commission shall
provide to the chairperson of the fiscal committee of each house of
the Legislature and to the Joint Legislative Budget Committee all of
the following information:
   (1) The number of personnel years assigned to the Office of
Ratepayer Advocates.
   (2) The total dollars expended by the Office of Ratepayer
Advocates in the prior year, the estimated total dollars expended in
the current year, and the total dollars proposed for appropriation in
the following budget year.
   (3) Workload standards and measures for the Office of Ratepayer
Advocates.
   (h) The  division   Office of Ratepayer
Advocates  shall agree to meet and confer in an informal setting
with a regulated entity prior to issuing a report or pleading to the
commission regarding alleged misconduct, or a violation of a law or
a commission rule or order, raised by the  division 
 Office of Ratepayer Advocates  in a complaint.  The meet
and confer process shall be utilized as an informal means of
attempting to reach resolution or consensus on issues raised by the
 division   Office of Ratepayer Advocates 
regarding any regulated entity in the complaint proceeding.