BILL NUMBER: AB 301	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   APRIL 13, 1999

INTRODUCED BY   Assembly Member Wright

                        FEBRUARY 8, 1999

   An act to add Section  311.3   1708.5 
to the Public Utilities Code, relating to public utilities  and
making an appropriation therefor  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 301, as amended, R. Wright.  Public Utilities Commission:
rules: petition.
   Under existing law, the Public Utilities Commission adopts Rules
of Practice and Procedure, and the commission is required to submit
amendments, revisions, or modifications by the commission of those
rules to the Office of Administrative Law for review, as prescribed.

   This bill would require the commission to  modify the
rules to  permit interested persons to petition the
commission to adopt, amend, or repeal a regulation, as specified 
, including a requirement that the commission amend the rules, on or
before July 1, 2001, to provide more specific procedures for
handling a petition  .   The bill would appropriate $136,345
from the Public Utilities Commission Reimbursement Account to the
commission to reimburse the commission for those costs incurred in
implementing the above provisions.  The bill would make a statement
of legislative intent relating to the construction of the terms
"interested persons" and "regulation," as used in that provision.

   Vote:   majority   2/3  .
Appropriation:   no   yes  .  Fiscal
committee: yes.  State-mandated local program:  no.


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

  
  SECTION 1.  Section 311.3 is added to the Public  
  SECTION 1.  (a) It is the intent of the Legislature that the term
"interested persons," as used in subdivision (a) of Section 1708.5 of
the Public Utilities Code, be construed broadly, and not as a bar to
standing.
   (b) It is the further intent of the Legislature that the term
"regulation," as used in subdivision (a) of Section 1708.5 of the
Public Utilities Code, not be construed to refer to all orders and
decisions of the Public Utilities Commission, but, rather, be
construed as a general reference to rules of general applicability
and future effect.  It is the intent of the Legislature that the
Public Utilities Commission have the authority to define more
precisely the term "regulation" for the purpose of Section 1708.5 of
the Public Utilities Code.
  SEC. 2.  Section 1708.5 is added to the Public Utilities Code, to
read:
   1708.5.  (a) The commission shall permit interested persons to
petition the commission to adopt, amend, or repeal a regulation.
   (b) (1) The commission shall consider a petition and, within six
months from the date of receipt of the petition, either deny the
petition or institute a proceeding to adopt, amend, or repeal the
regulation.
   (2) The commission may extend the six month period for
consideration of a petition pursuant to paragraph (1) to allow public
review and comment pursuant to subdivision (g) of Section 311.
   (c) If the commission denies a petition, the order or resolution
of the commission shall include a statement of the reasons of the
commission for that denial.
   (d) If the commission finds that it is precluded by law from
granting a petition, the statement of reasons for denial pursuant to
subdivision (c) shall identify the relevant provisions of law.
   (e) The commission shall implement this section under the Rules of
Practice and Procedure in effect on January 1, 2000.  On or before
July 1, 2001, the commission shall amend the Rules of Practice and
Procedure to provide more specific procedures for handling a petition
pursuant to this section.
   (f) Notwithstanding Section 1708, the commission may conduct any
proceeding to adopt, amend, or repeal a regulation using notice and
comment rulemaking procedures, without an evidentiary hearing.
  SEC. 3.  The sum of one hundred thirty-six thousand three hundred
forty-five dollars ($136,345) is hereby appropriated from the Public
Utilities Commission Reimbursement Account to the Public Utilities
Commission to reimburse the commission for those costs incurred by
the commission in implementing this act.   Utilities
Code, to read:
   311.3.  The commission shall modify its Rules of Practice and
Procedure to permit interested persons to petition the commission to
adopt, amend, or repeal a regulation.  The rules shall establish a
period, determined by the commission, but not to exceed six months,
during which the commission may consider the petition and either deny
the petition or institute a proceeding to adopt, amend, or repeal
the regulation.  If the commission denies a petition, the order or
resolution of the commission shall include a statement of the reasons
of the commission for that denial.  If the commission finds that it
is precluded by law from granting a petition, the statement of
reasons for denial shall identify the relevant provisions of law.