BILL NUMBER: AB 301	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 7, 1999
	AMENDED IN ASSEMBLY   APRIL 13, 1999

INTRODUCED BY   Assembly Member Wright

                        FEBRUARY 8, 1999

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 301, 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 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 those
provisions, and to the petitions described above.
   Appropriation:  yes.


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


  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.
   (c) It is the further intent of the Legislature that the petitions
authorized by Section 1708.5 of the Public Utilities Code are not to
be a vehicle for asking the commission to reconsider any or all of
its decisions, or for asking the Public Utilities Commission to
reconsider recently decided matters where there has been no change in
circumstances.  Therefore, the Legislature intends that the Public
Utilities Commission delegate to its staff the authority to deny
petitions, in order to provide for the efficient administration 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, except
with respect to a regulation being amended or repealed that was
adopted after an evidentiary hearing, in which case the parties to
the original proceeding shall retain any right to an evidentiary
hearing accorded by Section 1708.
  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.