BILL NUMBER: SB 1624 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 2004
AMENDED IN SENATE MARCH 22, 2004
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 amended, 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. Existing law requires the commission to develop a
code of conduct and procedures for ensuring that advocates and their
representatives from the division that are representing the interests
of customers and subscribers on a particular case or proceeding are
not advising decisionmakers on the same case or proceeding.
This bill would replace references to the division with the Office
of Ratepayer Advocates, and would provide that the office is
authorized to appear as a party and have all the rights of a party,
in any commission proceeding or in any judicial proceeding
challenging a commission decision. The bill would require the
commission to develop a code of conduct and procedures to ensure that
advocates and their representatives from the office that are
representing the interests of customers and subscribers on a
particular case or proceeding, do not advise decisionmakers, or have
preferential access to information regarding the commission's
deliberative process, on the same case or proceeding.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . 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 the Office of Ratepayer
Advocates, to represent the interests of public utility customers
and subscribers within the jurisdiction of the commission. The
Office of Ratepayer Advocates may appear as, and have all the rights
of, a party in any commission proceeding pursuant to Article 1
(commencing with Section 1701), Article 2 (commencing with Section
1731), Article 4 (commencing with Section 1791), and Article 6
(commencing with Section 1821) of, or in a judicial proceeding
pursuant to Article 3 (commencing with Section 1756) of, Chapter 9.
The goal of the 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 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 Office of
Ratepayer Advocates.
(b) The director of the 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 Office of Ratepayer
Advocates.
(c) The commission shall, by rule or order, provide for the
assignment of personnel to, and the functioning of, the Office of
Ratepayer Advocates. The Office of Ratepayer Advocates may employ
experts necessary to carry out its functions. Personnel and
resources shall be provided to the 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 Office of Ratepayer Advocates does not
create a conflict of roles for any employee or his or her
representative or legal counsel . 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 , or have preferential access to information
regarding the commission's deliberative process, on the same
case or proceeding.
(e) The 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 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 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 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
Office of Ratepayer Advocates regarding any regulated entity in the
complaint proceeding.