BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 301|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 301
Author: Wright (D)
Amended: 8/17/99 in Senate
Vote: 27
SENATE ENERGY, U.&C. COMMITTEE : 10-0, 7/13/99
AYES: Bowen, Alarcon, Baca, Brulte, Hughes, Kelley, Peace,
Solis, Speier, Vasconcellos
NOT VOTING: Mountjoy
SENATE APPROPRIATIONS COMMITTEE : 13-0, 9/1/99
AYES: Johnston, Alpert, Bowen, Burton, Escutia, Johnson,
Karnette, Kelley, Leslie, McPherson, Mountjoy, Perata,
Vasconcellos
ASSEMBLY FLOOR : 76-0, 5/27/99 - See last page for vote
SUBJECT : Public Utilities Commission: rules: petition
SOURCE : Author
DIGEST : This bill requires the California Public
Utilities Commission to modify its rules to expand access
to its rulemaking process and permit all interested persons
to petition the California Public Utilities Commission to
adopt, amend, or repeal a regulation.
ANALYSIS : Current law permits the California Public
Utilities Commission (CPUC) to modify its decisions after
giving proper notice and giving parties an opportunity to
be heard.
CONTINUED
AB 301
Page
2
This bill requires the CPUC to permit interested parties to
petition to adopt, amend, or repeal any regulation adopted
by the CPUC. The CPUC is required to consider the petition
within six months and either deny the petition or open a
proceeding to adopt, amend, or repeal the regulation
addressed by the petition. If the petition is denied, the
CPUC shall state its reasons for denying it, and if the
petition is approved, the CPUC may use any process for
considering how to adopt, amend, or repeal the regulation.
This bill state legislative intent that this process not be
used to ask the CPUC to reconsider any or all of its
decisions or for asking the CPUC to reconsider recently
decided matters where there have been no changes in
circumstance. The bill further states legislative intent
that this process apply to rules of general applicability
and future effect, thereby excluding decisions regarding
individual company rate cases.
The bill appropriates $136,435 from the PUC Utilities
Reimbursement Account to fund the cost of the bill for six
months.
Comments
This bill was introduced to further the discussion
concerning regulatory change at the CPUC and to ensure that
interested parties, such as utilities and consumer groups,
can bring issues before the CPUC and have them dealt with
in a timely manner.
The author notes that the Administrative Procedures Act
specifically authorizes interested parties to file
petitions with state agencies regarding regulations and to
have those petitions responded to in a timely manner. The
bill arguably extends those same provisions to the CPUC
decision-making process.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
If the CPUC grants one of the petitions authorized by the
bill, it would open a rulemaking proceeding to consider
AB 301
Page
3
adoption, amendment, or repeal of the regulation. The CPUC
has 31 open rulemaking proceedings. Over the past two
years, it has opened on its own motion 23 rulemakings, or
approximately 12 rulemakings, annually.
The CPUC estimates the bill will result in one additional
petition per month. Of those, the PUC estimates that 25
percent of the petitions will result in additional
rulemaking proceedings annually.
The appropriation would fund CPUC costs for the period from
January 1, 2000 to June 30, 2000.
SUPPORT : (Verified 9/1/99)
Building Owners and Managers Association of California
California Municipal Utilities Association
GTE
California Public Utilities Commission
ARGUMENTS IN SUPPORT : Supporters of this bill contend it
provides interested parties with a way to force the CPUC to
reconsider decisions which the parties think are
unthoughtful or dated.
ASSEMBLY FLOOR :
AYES: Aanestad, Alquist, Aroner, Ashburn, Baldwin, Bates,
Battin, Baugh, Bock, Brewer, Briggs, Calderon, Campbell,
Cardenas, Cardoza, Cedillo, Corbett, Correa, Cox,
Cunneen, Davis, Dickerson, Ducheny, Dutra, Firebaugh,
Florez, Frusetta, Gallegos, Granlund, Havice, Hertzberg,
Honda, House, Jackson, Kaloogian, Knox, Kuehl, Leach,
Lempert, Leonard, Longville, Lowenthal, Machado, Maddox,
Maldonado, Margett, Mazzoni, McClintock, Migden, Nakano,
Olberg, Oller, Robert Pacheco, Rod Pacheco, Papan,
Pescetti, Reyes, Romero, Runner, Scott, Shelley, Soto,
Steinberg, Strickland, Strom-Martin, Thompson, Thomson,
Torlakson, Vincent, Washington, Wayne, Wesson, Wiggins,
Wildman, Wright, Zettel
NOT VOTING: Ackerman, Floyd, Keeley, Villaraigosa
NC:cm 9/1/99 Senate Floor Analyses
AB 301
Page
4
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****