BILL NUMBER: AB 838	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2012
	AMENDED IN ASSEMBLY  SEPTEMBER 7, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 17, 2011

   An act to  add   amend  Section 
316   308   to   of  the
Public Utilities Code, relating to the Public Utilities Commission.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 838, as amended, Hill. Public Utilities Commission: public
safety. 
   The California Constitution establishes the 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 commission
to appoint an executive director to hold office at the pleasure of
the commission. Existing law requires the executive director to be
responsible for the commission's executive and administrative duties,
as specified.  
   This bill would require the commission to appoint an assistant
executive director for public safety to hold office at the pleasure
of the commission. The bill would require the assistant executive
director for public safety to coordinate all actions of all divisions
of the commission to ensure public safety is a primary goal in all
proceedings held by the commission. The bill would require the
assistant executive director for public safety to advise the
commission and each commissioner, when requested, in regard to all
matters that may affect 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.

   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 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)  (1)    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 such
other duties as the president, or vote of the commission, prescribes.
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. 
   (2) The commission shall appoint an assistant executive director
for public safety, who shall hold office at the pleasure of the
commission. The assistant executive director for public safety shall
coordinate all actions of all divisions of the commission to ensure
public safety is a primary goal in all proceedings held by the
commission. The assistant executive director for public safety shall
advise the commission and each commissioner, when requested, in
regard to all matters that may affect public safety. 
   (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. 
  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.