BILL NUMBER: SB 531	AMENDED
	BILL TEXT

	AMENDED IN SENATE   APRIL 20, 1999
	AMENDED IN SENATE   APRIL 7, 1999

INTRODUCED BY   Senator Baca

                        FEBRUARY 19, 1999

   An act to add Section 311.4 to the Public Utilities Code, relating
to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 531, as amended, Baca.  Public Utilities Commission:
complaints.
   The Public Utilities Act requires the Public Utilities Commission,
on and after July 1, 1999, to publish specified information on its
Internet site, including, but not limited to, decisions and
resolutions, general orders, the Rules of Practice and Procedure of
the commission, rulings in proceedings, and a docket card for each
proceeding listing documents in the case.
   This bill would require the commission on or before July 1, 2000,
to develop and implement a procedure to permit complaints to be
filed, and related complaint proceedings to be administered, through
electronic means, as defined.  The bill would prescribe related
matters.  The bill would make related legislative findings and
declarations and a statement of legislative intent.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


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


  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) The Legislature has encouraged state agencies to make
information available to the public through various means, including
the Internet.
   (2) The Internet has permitted increased communication between the
people of this state and state agencies, educating the people of
this state on the role and function of each agency.
   (3) The Internet website maintained by the Public Utilities
Commission provides the people of this state with information
regarding the commission and the markets and services that the
commission regulates.  The website also provides a way for members of
the public to communicate with the commission.
   (4) Currently, the Public Utilities Commission website accepts
complaints.
   (5) Customers for services regulated by the Public Utilities
Commission and the companies offering those services are entitled to
an efficient dispute resolution process.
   (6) The Internet is an ideal means for resolving disputes between
customers and service providers in an efficient manner, regardless of
the geographic location of the customer.
   (b) It is the intent of the Legislature to enhance the role of the
Public Utilities Commission by allowing customers and service
providers the option to resolve disputes through electronic
communications to provide a greater level of efficiency for the
parties involved and to make the Public Utilities Commission dispute
resolution process accessible to all people of this state.
  SEC. 2.  Section 311.4 is added to the Public Utilities Code, to
read:
   311.4.   (a)  On or before July 1, 2000, the commission
shall develop and implement a procedure to permit complaints
described in Section  1702   1702.1  to be
filed, and related complaint proceedings to be administered, through
electronic means.  Commencing one year from the date that the
procedure is implemented, the commission may annually review the
procedure and any related rules, and the technology involved to
ensure the continued effectiveness of the program, and shall report
any findings to the Legislature.  For the purpose of this section,
"electronic means" may include, but shall not be limited to, e-mail
or the Internet, or both.  Upon receipt of a complaint filed by
electronic means, the commission shall immediately serve notice to
the entity named in the complaint  , pursuant to Section 1704.
Notwithstanding Section 1704, a complaint issued through the process
specified in this section does not require a hearing  .  The
commission shall permit a complaint proceeding to be conducted
through electronic means, if, as determined by the commission, all of
the following conditions are met:  
   (a)  
   (1)  All parties agree to a complaint proceeding conducted
through electronic means.  
   (b)  
   (2)  The dollar amount in the complaint does not exceed the
jurisdictional limit of a small claims court specified in subdivision
(a) of Section 116.220 of the Code of Civil Procedure.  
   (c)  
   (3)  The case can be competently adjudicated through
electronic means, taking into account the facts and law involved.

   (d)  
   (4)  The hearing officer has the requisite technical means to
administer the proceeding.  
   (e)  
   (5)  The commission has addressed any impediments in the
electronic systems employed by the commission that would prevent or
substantially adversely affect the ability of the commission to
conduct the proceeding by electronic means.  
   (b) The commission shall include a notice on its Internet website
of the availability of the process specified in subdivision (a).