BILL NUMBER: AB 1315 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Ruskin FEBRUARY 27, 2009 An act to amend Sections 11351 and 11342.600 of the Government Code, and to amend Sections 305, 306, 307, and 308 of the Public Utilities Code, relating to the Public Utilities Commission. LEGISLATIVE COUNSEL'S DIGEST AB 1315, as introduced, Ruskin. Public Utilities Commission. The Administrative Procedure Act contains provisions relating to the adoption, review, approval, filing, publication, and judicial review of regulations, as defined, adopted by state agencies in accordance with statutory mandates. The act exempts the Public Utilities Commission, among others, from provisions relating to the adoption, review, approval, and judicial review of regulations, and limits the application of provisions relating to the filing and publication of regulations to only the rules of procedure of the commission. This bill would repeal this exemption and limitation with respect to the commission. The bill would specify that the definition of "regulation" includes every proceeding designated "quasi-legislative" by the commission pursuant to certain existing law. The California Constitution establishes the commission, with jurisdiction over all public utilities, as defined. The California Constitution grants the commission certain general powers over all public utilities, subject to control by the Legislature, and authorizes the Legislature, unlimited by the other provisions of the Constitution, to confer additional authority and jurisdiction upon the commission, that is cognate and germane to the regulation of public utilities. Existing law requires the Governor to designate the president of the commission from among its members and requires the president to direct the executive director, the attorney, and other staff of the commission, except for the Division of Ratepayer Advocates. This bill would require the Governor to appoint, subject to the approval of the Senate, a president of the commission from among its members. The bill would repeal the requirement that the president direct commission staff. Existing law requires the office of the commission to be in the City and County of San Francisco and that, with certain exceptions, the office always be open. Existing law requires the commission to hold its sessions at least once in each calendar month in that city and county, and authorizes the commission to also meet at such other times and in such other places as may be expedient and necessary for the proper performance of its duties. This bill would also require the commission to hold at least one session in each calendar month in the City of Sacramento. Existing law authorizes the attorney for the commission, if directed to do so by the president, except as otherwise directed by vote of the commission, to intervene, if possible, in any action or proceeding involving any question arising pursuant to the Public Utilities Act. Existing law requires the attorney for the commission to commence, prosecute, and expedite the final determination of all actions and proceedings, and to generally perform all duties and services as attorney to the commission, as directed or authorized by the president, except as otherwise directed or authorized by vote of the commission. This bill would authorize the attorney for the commission, if directed to do so by the commission, to intervene, if possible, in any action or proceeding involving any question arising pursuant to the Public Utilities Act. This bill would require the attorney for the commission to commence, prosecute, and expedite the final determination of all actions and proceedings, and to generally perform all duties and services as attorney to the commission, as directed or authorized by the commission. Existing law requires the executive director for the commission to keep a full and true record of all proceedings of the commission, issue all necessary process, writs, warrants, and notices, and perform such other duties as the president, or vote of the commission, prescribes. Existing law provides that the president may authorize the executive director to dismiss complaints or applications when all parties are in agreement thereto, in accordance with rules that the commission may prescribe. This bill would require the executive director to keep a full and true record of all proceedings of the commission, issue all necessary process, writs, warrants, and notices, and perform the other duties the commission prescribes. The bill would provide that the commission may authorize the executive director to dismiss complaints or applications when all parties are in agreement thereto, in accordance with rules that the commission may prescribe. 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. Section 11351 of the Government Code is amended to read: 11351. (a) Except as provided in subdivision (b), Article 5 (commencing with Section 11346), Article 6 (commencing with Section 11349), Article 7 (commencing with Section 11349.7), and Article 8 (commencing with Section 11350) shall not apply to thePublic Utilities Commission or theWorkers' Compensation Appeals Board, and Article 3 (commencing with Section 11343) and Article 4 (commencing with Section 11344) shall apply only to the rules of procedure ofthese state agenciesthe board . (b) ThePublic Utilities Commission and theWorkers' Compensation Appeals Board shall comply with paragraph (5) of subdivision (a) of Section 11346.4 with respect to regulations that are required to be filed with the Secretary of State pursuant to Section 11343. (c) Article 8 (commencing with Section 11350) shall not apply to the Division of Workers' Compensation. SEC. 2. Section 11342.600 of the Government Code is amended to read: 11342.600. "Regulation" means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure. "Regulation" includes, but is not limited to, every proceeding designated "quasi-legislative" by the Public Utilities Commission pursuant to Section 1701.1 of the Public Utilities Code. SEC. 3. Section 305 of the Public Utilities Code is amended to read: 305. The Governor shalldesignateappoint, subject to the approval of the Senate, a president of the commission from among the members of the commission.The president shall direct the executive director, the attorney, and other staff of the commission, except for the staff of the division described in Section 309.5, in the performance of their duties, in accordance with commission policies and guidelines.The president shall preside at all meetings and sessions of the commission. SEC. 4. Section 306 of the Public Utilities Code is amended to read: 306. (a) The office of the commission shall be in the City and County of San Francisco. The office shall always be open, legal holidays and nonjudicial days excepted. The commission shall hold its sessions at least once in each calendar month in the City and County of San Francisco. The commission shall hold at least one session in each calendar month in the City of Sacramento. The commission may also meet at such other times and in such other places as may be expedient and necessary for the proper performance of its duties, and for that purpose may rent quarters or offices. (b) The meetings of the commission shall be open and public in accordance with the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. In addition to the requirements of Section 11125 of the Government Code, the commission shall include in its notice of meetings the agenda of business to be transacted, and no item of business shall be added to the agenda subsequent to the notice in the absence of an unforeseen emergency situation. A rate increase shall not constitute an unforeseen emergency situation. As used in this subdivision, "meeting" shall include all investigations, proceedings, and showings required by law to be open and public. (c) The commission shall have a seal, bearing the inscription "Public Utilities Commission State of California." The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct. (d) The commission may procure all necessary books, maps, charts, stationery, instruments, office furniture, apparatus, and appliances. SEC. 5. Section 307 of the Public Utilities Code is amended to read: 307. (a) The commission may appoint as attorney to the commission an attorney at law of this state, who shall hold office during the pleasure of the commission. (b) The attorney shall represent and appear for the people of the State of California and the commission in all actions and proceedings involving any question under this part or under any order or act of the commission. If directed to do so by thepresident, except as otherwise directed by vote of thecommission, the attorney shall intervene, if possible, in any action or proceeding in which any such question is involved. (c) The attorney shall commence, prosecute, and expedite the final determination of all actions and proceedings directed or authorized by thepresident, except as otherwise directed or authorized by vote of thecommission, advise the commission and each commissioner, when so requested, in regard to all matters in connection with the powers and duties of the commission and the members thereof, and generally perform all duties and services as attorney to the commission that thepresident, or vote of the commission,commission may require of him or her . SEC. 6. Section 308 of the Public Utilities Code is amended to read: 308. (a) The commission shall appoint an executive director, who shall hold office during its pleasure. The executive director shall be responsible for the commission's executive and administrative duties and shall organize, coordinate, supervise, and direct the operations and affairs of the commission and expedite all matters within the commission's jurisdiction. (b) The executive director shall keep a full and true record of all proceedings of the commission, issue all necessary process, writs, warrants, and notices, and performsuchthe other dutiesasthepresident, or vote of the commission,commission prescribes. Thepresidentcommission may authorize the executive director to dismiss complaints or applications when all parties are in agreement thereto, in accordance with rules that the commission may prescribe. (c) The commission may appoint assistant executive directors who may serve warrants and other process in any county or city and county of this state.