BILL ANALYSIS
AB 301
Page 1
ASSEMBLY THIRD READING
AB 301 (Wright)
As Amended April 13, 1999
2/3 vote
UTILITIES AND COMMERCE 10-0
APPROPRIATIONS 21-0
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|Ayes:|Wright, Pescetti, |Ayes:|Migden, Brewer, Ashburn, |
| |Cardenas, Frusetta, | |Battin, Cedillo, Davis, |
| |Maddox, Mazzoni, Papan, | |Pescetti, Hertzberg, |
| |Reyes, Vincent, Wesson | |Kuehl, Maldonado, Papan, |
| | | |Romero, Runner, Shelley, |
| | | |Steinberg, Thomson, |
| | | |Wesson, Wiggins, Wright, |
| | | |Zettel, Aroner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires the California Public Utilities Commission
(CPUC) to modify its rules of practice and procedure to allow
interested persons to petition CPUC to adopt, amend or repeal a
regulation. Specifically, this bill :
1)Establishes that the term "interested persons" is to be
construed broadly, to infer standing all persons seeking to
avail themselves of the rights embodied herein;
2)Establishes that the regulations referred to in this bill are
intended as a general reference to rules of general
applicability and future effect;
3)Requires CPUC to establish rules that would allow any
interested person to petition CPUC to make changes in its
regulations;
4)Requires CPUC to either institute a rulemaking or deny the
petition within a six-month timeframe;
5)Specifies CPUC must include a statement of the reasons for
denial; and,
6)Requires CPUC to develop, in not less than 18 months after its
effective date, guidelines for implementing this section in
AB 301
Page 2
its Rules of Practice and Procedure.
EXISTING LAW allows CPUC to submit amendments, revisions or
modifications of its Rules of Practice and Procedure to the
Office of Administrative Law (OAL) in accordance with specified
sections of the Government Code. Existing law does not,
however, provide interested parties with the specific authority
to petition to adopt, amend, or repeal a regulation, nor does it
require CPUC to respond to such petitions.
FISCAL EFFECT : CPUC estimates ongoing costs of about $290,000
annually from the Public Utilities Commission Reimbursement
Account related to an average of 12 petitions and three
additional rulemaking proceedings annually.
COMMENTS : The purpose of this bill is to codify the process for
interested persons to file petitions for regulatory change at
CPUC. At present, there is no guarantee that a petition, once
filed, would be addressed by CPUC at any time certain. The
deregulation of the telecommunications industry, restructuring
in the gas and electric industries, and the overall
proliferation of changes at CPUC today necessitates the ability
to request changes in a uniform manner. Establishing a clear
process for change will enable all stakeholders to respond
quickly with the assurance that their request will be addressed
within a time certain.
Last year, SB 779 (Calderon), Chapter 886, Statutes 1998, was
enacted to implement several changes impacting CPUC in an effort
to expand both public access to CPUC actions and proceedings and
judicial review of CPUC decisions. SB 779 also required that
changes to CPUC procedures be reviewed and approved by OAL.
This bill is an effort to further expand public access to CPUC
actions and proceedings and embraces the policies and principles
contained in the Administrative Procedure Act.
Analysis Prepared by : Carolyn Veal-Hunter / U. & C. / (916)
319-2083
FN: 0001194