BILL NUMBER: AB 1315	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2009

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 amended, 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
  Public Utilities 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  
commission  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 the Workers'
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 of the board.
   (b) The Workers' 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 1.   Section 305 of
the Public Utilities Code is amended to read:
   305.  The  Governor shall appoint, subject to the approval
of the Senate,  commission shall designate  a
president of the commission from among the members of the commission.
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.   SEC. 2.   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 the commission, 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 the commission, 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
the commission may require of him or her.
   SEC. 6.   SEC. 3.   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 perform the other duties the
commission prescribes. 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.
   (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.