BILL NUMBER: SB 628	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2005

INTRODUCED BY   Senator Dutton

                        FEBRUARY 22, 2005

   An act to add Section 25218.3 to the Public Resources Code,
relating to energy resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 628, as amended, Dutton.  State Energy Resources Conservation
and Development Commission: procedure.
   The Warren-Alquist State Energy Resources Conservation and
Development Act requires the State Energy Resources Conservation and
Development Commission to perform numerous functions in connection
with energy resources.
   This bill would, in addition, require the commission to allow 
an applicant or  interested  parties  
party  to present testimony and documentary evidence concerning
any alleged misuse of administrative procedures to exert economic
pressure on a party to enter a labor agreement with respect to a
project within the jurisdiction of the commission.  
   This bill would require the commission to allow an applicant or
interested party to submit evidence, data, or other information with
regard to the intervention or participation in any proceeding by a
party or person to involve the commission in a labor dispute, as
specified. The bill would require the commission to take steps to
maintain its neutrality in that labor dispute and would specify
certain actions that the commission may take in that respect. 
   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 25218.3 is added to the  Public Resources Code
, to read:
   25218.3.   (a)    The commission shall allow
 interested parties   an applicant or interested
party  to present testimony and documentary evidence concerning
any alleged misuse of administrative procedures to exert economic
pressure on a party to enter a labor agreement with respect to a
project within the jurisdiction of the commission.  
   (b) The commission shall allow an applicant or interested party to
submit evidence, data, or other information with regard to the
intervention or participation in any proceeding by a party or person
to involve the commission in a labor dispute, including the exercise
of rights and privileges before the commission to coerce an applicant
or interested party, or an entity or person affiliated with an
applicant or interested party, to enter into an agreement for labor,
including, but not limited to, a collective bargaining agreement with
a labor organization or a project labor agreement for a specific
project within the jurisdiction of the commission.  
   (c) The commission shall take steps to maintain its neutrality in
a labor dispute described in subdivision (b) and, for that purpose,
may do any of the following:  
   (1) Issue an order or perform another administrative action to
deny intervention upon an application for certification of an entity
or person that may involve the commission in a labor dispute. 

   (2) Restrict the rights of a party to a proceeding when the
exercise of those rights appears to burden, harass, or delay a
project for purposes of coercion in a labor dispute.  
   (3) Weigh the relevancy and appropriateness of an intervention and
action by an intervenor against the burden that intervention places
on a party to a labor dispute. If the commission determines that the
burden outweighs the relevancy and appropriateness of an
intervention, the commission may restrict the intervention and action
as appropriate.