BILL NUMBER: AB 1386	CHAPTERED
	BILL TEXT

	CHAPTER  443
	FILED WITH SECRETARY OF STATE  OCTOBER 3, 2011
	APPROVED BY GOVERNOR  OCTOBER 3, 2011
	PASSED THE SENATE  AUGUST 29, 2011
	PASSED THE ASSEMBLY  AUGUST 31, 2011
	AMENDED IN SENATE  JUNE 13, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 18, 2011

   An act to amend Section 8283 of the Public Utilities Code,
relating to women, minority, and disabled veteran business enterprise
procurement.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1386, Bradford. Women, minority, and disabled veteran business
enterprise procurement.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical, gas, water,
and telephone corporations. Existing law authorizes the commission to
establish rules for all public utilities, subject to control by the
Legislature.
   Existing law directs the commission to require every electrical,
gas, water, wireless telecommunications service provider, and
telephone corporation with annual gross revenues exceeding
$25,000,000, and their regulated subsidiaries and affiliates, to
implement a program developed by the commission to encourage,
recruit, and utilize minority-, women-, and disabled veteran-owned
business enterprises, as defined, in the procurement of contracts
from those corporations or from their regulated subsidiaries and
affiliates, and to require the reporting of certain information. The
commission, by its rulemaking authority, has adopted General Order
156, applicable to certain electrical, gas, and telephone
corporations, to effectuate these requirements. Existing law includes
the declaration by the Legislature that each electrical, gas, water,
wireless telecommunications service provider, and telephone
corporation that is not required to submit a plan is encouraged to
voluntarily adopt a plan for increasing women, minority, and disabled
veteran business enterprise procurement in all categories.
   This bill would additionally declare that the Legislature
encourages each cable television corporation and direct broadcast
satellite provider to voluntarily adopt a plan for increasing women,
minority, and disabled veteran business enterprise procurement and to
voluntarily report activity in this area to the Legislature on an
annual basis.
   Existing law requires the commission to provide to the Legislature
a specified report on the progress of activities undertaken by
certain entities in the implementation of women, minority, and
disabled business enterprise development programs.
   This bill would require the commission to make this report
available on its Internet Web site.


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

  SECTION 1.  Section 8283 of the Public Utilities Code is amended to
read:
   8283.  (a) The commission shall require each electrical, gas,
water, wireless telecommunications service provider, and telephone
corporation with gross annual revenues exceeding twenty-five million
dollars ($25,000,000) and their commission-regulated subsidiaries and
affiliates, to submit annually, a detailed and verifiable plan for
increasing procurement from women, minority, and disabled veteran
business enterprises in all categories, including, but not limited
to, renewable energy, wireless telecommunications, broadband, smart
grid, and rail projects.
   (b) These annual plans shall include short- and long-term goals
and timetables, but not quotas, and shall include methods for
encouraging both prime contractors and grantees to engage women,
minority, and disabled veteran business enterprises in subcontracts
in all categories that provide subcontracting opportunities,
including, but not limited to, renewable energy, wireless
telecommunications, broadband, smart grid, and rail projects.
   (c) The commission shall establish guidelines for all electrical,
gas, water, wireless telecommunications service provider, and
telephone corporations with gross annual revenues exceeding
twenty-five million dollars ($25,000,000) and their
commission-regulated subsidiaries and affiliates, to be utilized in
establishing programs pursuant to this article.
   (d) Every electrical, gas, water, wireless telecommunications
service provider, and telephone corporation with gross annual
revenues exceeding twenty-five million dollars ($25,000,000) shall
furnish an annual report to the commission regarding the
implementation of programs established pursuant to this article in a
form that the commission shall require, and at the time that the
commission shall annually designate.
   (e) (1) The commission shall provide a report to the Legislature
on September 1 of each year, on the progress of activities undertaken
by each electrical, gas, water, wireless telecommunications service
provider, and telephone corporation with gross annual revenues
exceeding twenty-five million dollars ($25,000,000) pursuant to this
article in the implementation of women, minority, and disabled
veterans business enterprise development programs. The report shall
include information about which procurements are made with women,
minority, and disabled veteran business enterprises with at least a
majority of the enterprise's workforce in California, to the extent
that information is readily accessible. The commission shall
recommend a program for carrying out the policy declared in this
article, together with recommendations for legislation that it deems
necessary or desirable to further that policy. The commission shall
make the report available on its Internet Web site.
   (2) In regard to disabled veteran business enterprises, the
commission shall ensure that the programs and legislation recommended
pursuant to paragraph (1) are consistent with the disabled veteran
business enterprise certification eligibility requirements imposed by
the Department of General Services and that the recommendations
include only those disabled veteran business enterprises certified by
the Department of General Services.
   (f) (1) The Legislature declares that each electrical, gas, water,
mobile telephony service provider, and telephone corporation that is
not required to submit a plan pursuant to subdivision (a) is
encouraged to voluntarily adopt a plan for increasing women,
minority, and disabled veteran business enterprise procurement in all
categories.
   (2) The Legislature declares that each cable television
corporation and direct broadcast satellite provider is encouraged to
voluntarily adopt a plan for increasing women, minority, and disabled
veteran business enterprise procurement and to voluntarily report
activity in this area to the Legislature on an annual basis.