BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 531|
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UNFINISHED BUSINESS
Bill No: SB 531
Author: Baca (D)
Amended: 8/19/99
Vote: 21
SENATE ENERGY, U.&C. COMMITTEE : 7-0, 4/13/99
AYES: Bowen, Baca, Brulte, Hughes, Kelley, Mountjoy, Solis
NOT VOTING: Alarcon, Peace, Speier, Vasconcellos
SENATE JUDICIARY COMMITTEE : 8-0, 5/11/99
AYES: Burton, Escutia, Haynes, Morrow, O'Connell, Sher,
Wright, Schiff
NOT VOTING: Peace
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 39-0, 5/27/99 (Consent)
AYES: Alarcon, Alpert, Baca, Bowen, Brulte, Burton,
Chesbro, Costa, Dunn, Escutia, Figueroa, Hayden, Hughes,
Johannessen, Johnson, Johnston, Karnette, Kelley, Knight,
Leslie, Lewis, McPherson, Monteith, Morrow, Mountjoy,
Murray, O'Connell, Ortiz, Peace, Perata, Polanco,
Poochigian, Rainey, Schiff, Sher, Solis, Speier,
Vasconcellos, Wright
NOT VOTING: Haynes
ASSEMBLY FLOOR : 78-0, 8/23/99 - See last page for vote
SUBJECT : Public Utilities Commission: complaints
SOURCE : GTE California
CONTINUED
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DIGEST : This bill requires the Public Utilities
Commission (PUC) to establish a procedure to permit filing
of informal complaints via electronic means, including the
Internet. The bill allows for development of industry
specific forms. The electronic filing procedure would only
be used if the dollar amount in controversy does not exceed
the jurisdictional amount of small claims court (currently
$5,000).
Assembly Amendments (a) make technical changes, (b) extend
various due dates, and (c) clarify that the bill will not
be implemented without the concurrence of the PUC and the
authorization of the Department of Information Technology.
ANALYSIS : Last session, SB 779 (Calderon) mandated
sweeping reform of the Public Utilities Commission (PUC)
administrative processes. The bill was a compromise carved
out by public interest groups, the Judicial Council, and
the PUC itself. Included in the reforms were a number of
"open meeting" type requirements. The PUC now must post
the conduct of its affairs upon the Internet, such as
proposals to change any aspect of its procedures or its
rules, and its rulemaking and adjudicative decisions.
Changes to existing law:
Existing law requires the PUC to publish specified
information on its Internet website, including but not
limited to, decisions and resolutions, general orders, the
Commission's Rules of Practice and Procedure, and rulings
in proceedings.
This bill would require the Public Utilities Commission
(PUC) to:
1. Establish a procedure for filing of informal complaints
via an on-line complaint form, if the dollar amount in
controversy does not exceed the jurisdictional amount of
small claims court, (currently $5,000), after July 1,
2001.
The commission must allow for development of industry
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specific complaint forms where a customer can input
information for identifying the account, type of
dispute, comments and other related information.
2. Implement the new electronic dispute filing system by
January 1, 2002.
3. Post a notice on the PUC Internet website regarding the
availability of the electronic filing process.
4. Review the procedure and any related rules, and the
technology involved ensuring the continued effectiveness
of the program, and report back to the Legislature.
5. Clarify that the provisions of this bill may not be
implemented prior to July 1, 2001 without the
concurrence of CPUC and the authorization of the
Department of Information Technology pursuant to
Executive Order D-3-99.
Comment :
According to the author, "Electronic filing is parallel to
the Public Utilities Commission's 1999-2000 business plan
for increased Internet use. This bill was introduced to
help simplify and streamline the complaint process as it
relates to small businesses and residential customers,
specifically cases with a monetary value of not more than
$5,000. Having the ability to file complaints via the
Internet will save the complainant time and resources, as
there are only two major locations in California that the
complainant may travel to in order to submit a complaint in
person."
This bill applies to informal proceedings only. Typically,
according to the sponsor, the PUC handles these types of
complaints as follows: an initial consumer complaint is
communicated over the telephone; the PUC customer service
staff will follow up with a written confirmation to the
consumer and a notice to the company being complained of
relating the allegations. The PUC acts as an intermediary
between the two parties in obtaining an informal
resolution. If this informal dispute resolution process
fails, the consumer may then use the PUC formal complaint
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process.
The bill provides the PUC with a staggered implementation
timeline. This is to allow the commission time to develop
its procedure through the formal rulemaking process,
thereby allowing the public an opportunity to review and
comment upon the new mechanism prior to its being put into
place.
Related legislation :
SB 779 (Calderon) was a comprehensive overhaul of PUC
administrative procedures. Specifically, SB 779 (1)
expanded and made permanent the opportunity for public
review and comment on major PUC decisions prior to their
adoption by the Commission; (2) required the PUC to publish
its decisions and rules on the Internet by July 1, 1999;
(3) required the Office of Administrative Law to review
changes to PUC practice rules; and, (4) bring judicial
review of PUC decisions into line with judicial review
standards for other state administrative agencies. SB 779
became Chapter 886 and its provisions go into effect
January 1, 2001.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Minor, absorbable costs.
SUPPORT : (Verified 8/23/99)
GTE California (source)
California State Council of Laborers
California Alliance for Consumer Protection
PUC Office of Ratepayer Advocates
ASSEMBLY FLOOR :
AYES: Aanestad, Ackerman, Alquist, Aroner, 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, Keeley, Knox, Kuehl,
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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, Villaraigosa
NOT VOTING: Ashburn, Floyd
NC:jk 8/23/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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