BILL NUMBER: SB 531 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 10, 1999
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, establish procedures to permit the
submission of informal complaints through electronic means, as
defined , in accordance with prescribed provisions .
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 1702.1 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:
(1) All parties agree to a complaint proceeding conducted through
electronic means.
(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.
(3) The case can be competently adjudicated through electronic
means, taking into account the facts and law involved.
(4) The hearing officer has the requisite technical means to
administer the proceeding.
(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).
shall establish procedures to permit the submission of
informal complaints through electronic means in accordance with this
section.
(b) On or before January 1, 2001, the commission shall provide on
its Internet website the means by which consumers may submit informal
complaints through electronic means.
(c) It is the intent of the Legislature that, commencing one year
from the date that the procedures described in subdivision (a) are
implemented, the commission annually review the procedures and the
technology involved to ensure the continued effectiveness of the
program, and report any findings to the Legislature.
(d) For the purpose of this section, "electronic means" includes,
but shall not be limited to, e-mail or the Internet, or both.
(e) Upon the receipt of an informal complaint submitted by
electronic means, the commission shall immediately forward the
complaint to the entity named in the complaint
(f) The commission shall permit the filing of informal complaints
through electronic means, if, as determined by the commission, both
of the following conditions are met:
(1) 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.
(2) 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
receive informal complaints by electronic means.
(g) The commission shall include a notice on its Internet website
of the availability of the procedures described in subdivision (a).
(h) For the purposes of implementing this section, the commission
shall make available to the public an industry specific on-line
complaint form that allows the customers to specify information that
the commission determines to be relevant for purposes of resolving a
dispute, including the account number, the type of dispute, and the
opportunity to make general comments.