BILL NUMBER: SB 1403 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Yee
(Principal coauthor: Assembly Member Hill)
FEBRUARY 24, 2012
An act to amend Sections 305, 307, and 308 of, and to add Section
305.5 to, the Public Utilities Code, relating to the Public Utilities
Commission.
LEGISLATIVE COUNSEL'S DIGEST
SB 1403, as introduced, Yee. Public Utilities Commission.
The California Constitution establishes the Public Utilities
Commission, with jurisdiction over all public utilities, as defined.
The California Constitution grants the commission certain general
powers over all public utilities, subject to control by the
Legislature, and authorizes the Legislature, unlimited by the other
provisions of the Constitution, to confer additional authority and
jurisdiction upon the commission, that is cognate and germane to the
regulation of public utilities. Existing law requires the Governor to
designate the president of the commission from among its members and
requires the president to direct the executive director, the
attorney, and other staff of the commission, except for the Division
of Ratepayer Advocates.
This bill would instead require the commission to direct the
executive director, the attorney, and other staff of the commission,
except for the Division of Ratepayer Advocates. This bill would also
require the commission to assign cases by majority vote of the full
commission.
The Public Utilities Act authorizes the attorney for the
commission, if directed to do so by the president, except as
otherwise directed by vote of the commission, to intervene, if
possible, in any action or proceeding involving any question arising
pursuant to the Public Utilities Act. Existing law requires the
attorney for the commission to commence, prosecute, and expedite the
final determination of all actions and proceedings, and to generally
perform all duties and services as attorney to the commission, as
directed or authorized by the president, except as otherwise directed
or authorized by vote of the commission.
This bill would authorize the attorney for the commission, if
directed to do so by the commission, to intervene, if possible, in
any action or proceeding involving any question arising pursuant to
the Public Utilities Act. This bill would require the attorney for
the commission to commence, prosecute, and expedite the final
determination of all actions and proceedings, as directed or
authorized by the commission, and to generally perform all duties and
services, as specified.
Existing law requires the executive director for the commission to
keep a full and true record of all proceedings of the commission,
issue all necessary process, writs, warrants, and notices, and
perform such other duties as the president, or vote of the
commission, prescribes. Existing law provides that the president may
authorize the executive director to dismiss complaints or
applications when all parties are in agreement thereto, in accordance
with rules that the commission may prescribe.
This bill would require the executive director to keep a full and
true record of all proceedings of the commission, issue all necessary
process, writs, warrants, and notices, and perform the other duties
the commission prescribes. The bill would provide that the commission
may authorize the executive director to dismiss complaints or
applications when all parties are in agreement thereto, in accordance
with rules that the commission may prescribe.
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 305 of the Public Utilities Code is amended to
read:
305. The Governor shall designate a president of the commission
from among the members of the commission. The president
shall direct the executive director, the attorney, and other staff of
the commission, except for the staff of the division described in
Section 309.5, in the performance of their duties, in accordance with
commission policies and guidelines. The president shall
preside at all meetings and sessions of the commission.
SEC. 2. Section 305.5 is added to the Public Utilities Code, to
read:
305.5. The commission shall direct the executive director, the
attorney, and other staff of the commission, except for the staff of
the division described in Section 309.5, in the performance of their
duties, in accordance with commission policies and guidelines. The
commission shall assign cases by majority vote of the full
commission.
SEC. 3. Section 307 of the Public Utilities Code is amended to
read:
307. (a) The commission may appoint as attorney to the commission
an attorney at law of this state, who shall hold office during the
pleasure of the commission.
(b) The attorney shall represent and appear for the people of the
State of California and the commission in all actions and proceedings
involving any question under this part or under any order or act of
the commission. If directed to do so by the president,
except as otherwise directed by vote of the commission, the
attorney shall intervene, if possible, in any action or proceeding
in which any such question is involved.
(c) The attorney shall commence, prosecute, and expedite the final
determination of all actions and proceedings directed or authorized
by the president, except as otherwise directed or authorized
by vote of the commission, advise the commission and each
commissioner, when so requested, in regard to all relevant
matters , including settlements and investigations, in
connection with the powers and duties of the commission and the
members thereof, and generally perform all duties and services as
attorney to the commission that the president, or vote of
the commission, commission may require of him
or her .
SEC. 4. Section 308 of the Public Utilities Code is amended to
read:
308. (a) The commission shall appoint an executive director, who
shall hold office during its pleasure. The executive director shall
be responsible for the commission's executive and administrative
duties and shall organize, coordinate, supervise, and direct the
operations and affairs of the commission and expedite all matters
within the commission's jurisdiction.
(b) The executive director shall keep a full and true record of
all proceedings of the commission, issue all necessary process,
writs, warrants, and notices, and perform such
the other duties as the
president, or vote of the commission, commission
prescribes. The president commission
may authorize the executive director to dismiss complaints or
applications when all parties are in agreement thereto, in accordance
with rules that the commission may prescribe.
(c) The commission may appoint assistant executive directors who
may serve warrants and other process in any county or city and county
of this state.