BILL NUMBER: AB 838	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 7, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 17, 2011

    An act to add Chapter 5 (commencing with Section 71033)
to Part 1 of Division 34 of the Public Resources Code, relating to
environmental protection.   An act to add Section 316 to
the Public Utilities Code, relating to the Public Utilities
Commission. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 838, as amended, Hill.  Environmental protection:
permits: regulations.   Public Utilities Commission:
public safety.  
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities. The Public Utilities Act requires
the commission to investigate the cause of all accidents occurring
upon the property of any public utility or directly or indirectly
arising from or connected with its maintenance or operation,
resulting in loss of life or injury to person or property and
requiring, in the judgment of the commission, investigation by it,
and authorizes the commission to make any order or recommendation
with respect to the investigation that it determines to be just and
reasonable. The act additionally authorizes the commission to
ascertain and fix just and reasonable standards, classifications,
regulations, practices, measurements, or services to be furnished,
imposed, observed, and followed by specified public utilities,
including electrical and gas corporations. Existing law designates
the consumer protection and safety division of the commission as
being responsible for inspection, surveillance, and investigation of
the rights-of-way, facilities, equipment, and operations of railroads
and public mass transit guideways, and for enforcing state and
federal laws, regulations, orders, and directives relating to
transportation of persons or commodities, or both, of any nature or
description, by rail.  
   This bill would require the commission to designate one of its
members as being responsible for overseeing the public safety
oversight and supervision responsibilities of the commission and to
ensure that public safety is a primary goal in all proceedings before
the commission. The bill would require the commission to designate
one employee dedicated to public safety functions of the commission
who will work directly with that commissioner and advise that
commissioner, and the commission when requested, relative to all
matters that may affect the public safety that are within the
responsibility of the commission. The bill would require the
designated commissioner to annually appear before the appropriate
policy committees of the Senate and Assembly to report on the public
safety oversight and supervision activities of the commission. 

   (1) Existing law requires the Secretary for Environmental
Protection to establish a process, to be used at the request of a
permit applicant for a project that requires permits from 2 or more
environmental agencies, for the designation of a consolidated permit
agency for the project.  
   This bill would require the secretary to identify, prior to the
adoption of policies, rules, or regulations by an environmental
agency, as defined, whether the policies, rules, or regulations
overlap, duplicate, or conflict with existing statutes, policies,
rules, or regulations. The bill would require the secretary to
establish an expedited conflict resolution process by which a
petitioner or applicant may request resolution of conflicts that
arise in the permitting process, as provided, if the petitioner or
applicant demonstrates that a failure to resolve the conflict will
result in pollution being transferred to other media or locations or
prevent control of an existing source of pollution having
significantly greater environmental or public health impacts. Because
an environmental agency, which includes a local air pollution
control or air quality management district, would be required to take
a specific action, this bill would impose a state-mandated local
program.  
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

   SECTION 1.    Section 316 is added to the  
Public Utilities Code  , to read:  
   316.  (a) The commission shall designate one of its members as
being responsible for overseeing the public safety oversight and
supervision responsibilities of the commission. The commissioner so
designated shall be responsible for coordination of all actions of
the commission to ensure that public safety is a primary goal in all
proceedings before the commission.
   (b) The commission shall designate one employee dedicated to
public safety functions of the commission who will work directly with
the commissioner designated by the commission, pursuant to
subdivision (a), as having responsibility for overseeing the public
safety inspection and enforcement responsibilities of the commission.
The employee will work directly with the commissioner so designated
and advise the commissioner, and the commission when requested,
relative to all matters that may affect the public safety that are
within the responsibility of the commission.
   (c) The commissioner designated by the commission, pursuant to
subdivision (a), as having responsibility for overseeing the public
safety inspection and enforcement responsibilities of the commission,
shall annually appear before the appropriate policy committees of
the Senate and Assembly to report on the public safety oversight and
supervision activities of the commission.  
  SECTION 1.    Chapter 5 (commencing with Section
71033) is added to Part 1 of Division 34 of the Public Resources
Code, to read:
      CHAPTER 5.  POLICIES


   71033.  (a) Prior to the adoption of policies, rules, or
regulations by an environmental agency, the secretary shall identify
whether the policies, rules, or regulations overlap, duplicate, or
conflict with existing statutes, policies, rules, or regulations.
   (b) The secretary shall establish an expedited conflict resolution
process by which a petitioner or applicant may request resolution of
conflicts that arise between the requirements for permits issued by
two or more environmental agencies for a single project, between two
or more offices of the same environmental agency, or by the same
office of an environmental agency at two different times, if the
petitioner or applicant demonstrates that a failure to resolve the
conflict will result in pollution being transferred to other media or
locations or prevent control of an existing source of pollution
having significantly greater environmental or public health impacts.
   (c) This section does not weaken or undermine in any manner any
human health, public or worker rights, public welfare, environmental,
or other protection established under statute. This section does not
affect the authority or requirement for an environmental agency to
adopt regulations as provided by statute.
   (d) For purposes of this section "environmental agency" means the
Department of Toxic Substances Control, the Department of Pesticide
Regulation, the State Air Resources Board, the State Water Resources
Control Board, the Office of Environmental Health Hazard Assessment,
a California regional water quality control board, and a district, as
defined in Section 39025 of the Health and Safety Code. 

  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.