BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1398| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1398 Author: Papan (D) Amended: 6/15/00 in Senate Vote: 21 SENATE ENERGY, U.&C. COMMITTEE : 8-0, 6/27/00 AYES: Bowen, Alarcon, Hughes, Kelley, Mountjoy, Murray, Solis, Vasconcellos SENATE JUDICIARY COMMITTEE : 9-0, 8/8/00 AYES: Burton, Escutia, Haynes, Morrow, O'Connell, Peace, Sher, Wright, Schiff ASSEMBLY FLOOR : Not Relevant SUBJECT : Public water utilities: judicial review of PUC decisions SOURCE : California Association of Water Agencies DIGEST : This bill indefinitely extends the following current provisions for judicial review of California Public Utilities Commission decisions affecting water corporations, which would otherwise be replaced on January 1, 2001, with a different, less deferential review standard: 1. Review of commission decisions pertaining solely to water corporations are only by petition for writ of review in the supreme court, except that review of complaint or enforcement proceedings may be in the court CONTINUED AB 1398 Page 2 of appeal or the supreme court. 2.The standard of review in ratemaking and licensing decisions is under the "any evidence" test, and for other types of decisions the review extends no further than to determine whether the commission has regularly pursued its authority, including a determination whether the order or decision under review violates any right of the petitioner under the state or federal constitution. 3.The supreme court will grant expedited consideration to any petition alleging that the court of appeal has assumed jurisdiction to review a commission decision pertaining solely to a water corporation over which the court of appeal has no jurisdiction. ANALYSIS : Existing law authorizes any aggrieved party to petition the court of appeal or the supreme Court to review decisions of the California Public Utilities Commission (PUC). Existing law also provides that, until January 1, 2001, review of commission decisions pertaining solely to water corporations are only by petition for writ of review in the supreme court, except that review of complaint or enforcement proceedings may be in the court of appeal or the supreme court. This bill continues the current provisions for review of PUC decisions pertaining to water corporations. Existing law provides that no new or additional evidence may be introduced upon review of a commission decision by the court. In a complaint or enforcement proceeding, or in a ratemaking or licensing decision of specific application that is addressed to particular parties, the review by the court does not extend further than to determine, on the basis of the entire record, whether (abuse of discretion) occurred. Existing law also provides that, until January 1, 2001, this standard of judicial review does not apply to ratemaking or licensing decisions of specific application addressed solely to water corporations. Instead the "any AB 1398 Page 3 evidence" test applies, which means if there is any evidence to support the PUC decision, it will stand. This bill would continue this exemption from the standard of review for ratemaking or licensing decisions of specific application relating solely to water corporations. Existing law provides until January 1, 2001, in reviewing decisions (other than ratemaking and licensing decisions discussed above) pertaining solely to water corporations, the review extends no further than to determine whether the commission has regularly pursued its authority, including a determination whether the order or decision under review violates any right of the petitioner under the state or federal constitution. This bill would continue this standard of review for water corporations. Existing law provides that, until January 1, 2001, the supreme court will grant expedited consideration to any petition alleging that the court of appeal has assumed jurisdiction to review a commission decision pertaining solely to a water corporation over which the court of appeal has no jurisdiction. This bill continues that provision. Background Article XII of the State Constitution establishes the PUC for the purpose of fixing rates, establishing rules, examining records, and prescribing a uniform system of accounting for all public utilities subject to its jurisdiction. To this end, the commission institutes internal procedures governing its decision-making process. Article XII, Section 5 provides that "the Legislature has plenary power ... to establish the manner and scope of review of commission action in a court of record " Thus, the Legislature may create different standards for review of commission decisions or designate lower courts for appeal. In 1998, SB 779 (Calderon), Chapter 886, Statutes of 1998, AB 1398 Page 4 made substantial changes in the judicial review process of PUC decisions. In relevant part, SB 779 provided for expanded judicial review of major PUC decisions by both the California Supreme Court and the court of appeal, from abuse of discretion to substantial evidence review. This provision was operative for all entities on January 1, 1999, except for decisions affecting water corporations, for whom the expanded judicial review is set to begin January 1, 2001. This bill indefinitely extends the deferential review standards of PUC decisions affecting water corporations. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No ARGUMENTS IN SUPPORT : The bill's sponsor, the California Water Association (CWA), writes to explain the need for legislation, saying, "Prior to the CPUC reforms of 1996, the California Supreme Court was the court of original jurisdiction for the appeal of all CPUC decisions. Reforms enacted in that year allow an appeal of decisions involving enforcement or customer complaints for all utilities to be heard in either the District Courts of Appeal or the state Supreme Court. Legislation enacted in 1998 (SB 779) extended the option of lower court review for all CPUC decisions relating to energy, telecom and transportation utilities, because (as the legislative findings and declarations note), the conversion of those industries from traditional regulated markets to competitive markets 'require expanded access to the court system at all levels.' The measure delayed availability of lower court review for decisions pertaining to water corporations until January 1, 2001. "Water utilities, however, remain the only fully regulated utilities subject to traditional, rigorous CPUC regulation. As such, they forgo certain marketplace prerogatives, but remain fully under the regulatory umbrella for their financial stability and for ratepayer protection. The CPUC's broader regulatory authority over water corporations makes greater judicial involvement unnecessary; statewide continuity and consistency is obtained through Commission regulation. Indeed, the Legislative findings of SB 779. AB 1398 Page 5 Note: "?inasmuch as the water supply industry continues to operate in a traditional, noncompetitive utility market, . . . changes in judicial review of competitive utility markets are inappropriate in their application to Public Utilities Commission decisions and proceedings that pertain to water corporations until January 1, 2001. "As January 1, 2001, approaches, the water supply industry remains 'a traditional, noncompetitive utility market,' making it unique among the utility industry. The CPUC's broader regulatory authority over water corporations makes greater judicial involvement, as might occur with the advent of lower court review of 'quasi-legislative' decisions, inappropriate until such time as the water supply industry is deregulated. AB 1398 would maintain the status quo for judicial review of CPUC decisions pertaining to water corporations, while the industry continues to function as traditional, noncompetitive, regulated utility service suppliers." NC:kb 8/22/00 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END ****