BILL NUMBER: AB 2584	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 9, 2012
	PASSED THE ASSEMBLY  AUGUST 16, 2012
	AMENDED IN SENATE  JULY 6, 2012
	AMENDED IN SENATE  JUNE 19, 2012
	AMENDED IN ASSEMBLY  APRIL 23, 2012

INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 24, 2012

   An act to add Section 316 to the Public Utilities Code, relating
to electrical corporations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2584, Bradford. Electrical corporations: investigations.
   (1) Under existing law, the Public Utilities Commission (PUC) has
regulatory authority over public utilities, including electrical
corporations, as defined. Existing law requires the PUC to adopt
inspection, maintenance, repair, and replacement standards for the
distribution systems of electrical corporations in order to provide
high quality, safe, and reliable service. Existing law requires the
PUC to conduct a review to determine whether the standards have been
met and to perform the review after every major outage.
   This bill would require every electrical corporation to cooperate
fully with the PUC in an investigation into any major accident or any
reportable incident, as defined by the PUC, regardless of pending
litigation or other investigations, including, but not limited to,
those that may be related to a PUC investigation. The bill would
require every electrical corporation to provide the PUC, upon its
request, immediate access to specified documents. The bill would
require every electrical corporation to preserve any and all
documents or evidence it collects as part of its own investigation
related to the incident for at least 5 years, or a shorter period of
time as authorized by the PUC. The bill would require any and all
documents collected by an electrical corporation pursuant to these
provisions be catalogued and preserved in an accessible manner for
assessment by PUC investigators as determined by the PUC.
   (2) Under existing law, a violation of the Public Utilities Act or
any order, decision, rule, direction, demand, or requirement of the
commission is a crime.
   Because the provisions of this bill are within the act, the bill
would impose a state-mandated local program by creating a new crime.
   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.


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) Each electrical corporation shall cooperate fully with
the commission in an investigation into any major accident or any
reportable incident, as these terms are defined by the commission,
concerning overhead electric supply facilities, regardless of pending
litigation or other investigations, including, but not limited to,
those that may be related to a commission investigation.
   (b) After the scene of the incident has been made safe and service
has been restored, each electrical corporation shall provide the
commission, upon its request, immediate access to all of the
following:
   (1) Any factual or physical evidence under the electrical
corporation's, or its agent's, physical control, custody, or
possession related to the incident.
   (2) The name and contact information of any known percipient
witness.
   (3) Any employee percipient witness under the electrical
corporation's control.
   (4) The name and contact information of any person or entity that
has taken possession of any physical evidence removed from the site
of the incident.
   (5) Any and all documents under the electrical corporation's
control that are related to the incident and are not subject to
attorney-client privilege or attorney work product doctrine.
   (c) Each electrical corporation shall preserve any and all
documents or evidence it collects as part of its own investigation
related to the incident for at least five years or a shorter period
of time as authorized by the commission.
   (d) Any and all documents collected by an electrical corporation
pursuant to this section shall be catalogued and preserved in an
accessible manner for assessment by commission investigators as
determined by the commission.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.