BILL NUMBER: SB 1000	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee
   (Principal coauthor: Senator Alquist)
   (Principal coauthor: Assembly Member Hill)
   (Coauthor: Senator Blakeslee)

                        FEBRUARY 6, 2012

   An act to amend Section 315 of, and to repeal and add Section 583
of, the Public Utilities Code, relating to the Public Utilities
Commission.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1000, as introduced, Yee. Public Utilities Commission: records.

   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities and can establish its own
procedures, subject to statutory limitations or directions and
constitutional requirements of due process. 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.
   This bill would require that any order or recommendation made by
the commission and any accident report filed with the commission
pursuant to these requirements be made available and ready for public
review in compliance with the California Public Records Act.
   The Public Utilities Act prohibits the commission or an officer or
employee of the commission from disclosing any information furnished
to the commission by a public utility, a subsidiary, an affiliate,
or corporation holding a controlling interest in a public utility,
unless the information is specifically required to be open to public
inspection under the act, except on order of the commission or a
commissioner in the course of a hearing or proceeding.
   This bill would repeal that prohibition and instead require the
California Public Records Act to apply to all records of, and records
filed with, the commission unless expressly exempt from disclosure
by other provisions of the Public Utilities Code or the California
Public Records Act. The bill also would require the commission to
immediately conduct a meeting to amend General Order 66 to be
consistent with these provisions.
   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 315 of the Public Utilities Code is amended to
read:
   315.   (a)    The commission shall investigate
the cause of all accidents occurring within this  State
  state  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 may make  such   any
 order or recommendation with respect thereto as in its judgment
seems just and reasonable.  Neither the order or
recommendation of the commission nor any accident report filed with
the commission shall be admitted as evidence in any action for
damages based on or arising out of such loss of life, or injury to
person or property.  Every public utility shall file with
the commission, under  such  rules  as
 the commission prescribes, a report of each accident so
 occuring   occurring  of  such
  the  kinds or classes as the commission from time
to time designates. 
   (b) Any order or recommendation made by the commission pursuant to
this section, and any accident report filed with the commission
pursuant to this section, shall be made available and ready for
public review in compliance with the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code). Neither the order or recommendation of the
commission nor any accident report filed with the commission shall be
admitted as evidence in any action for damages based on or arising
out of the loss of life or injury to person or property. 
  SEC. 2.  Section 583 of the Public Utilities Code is repealed.

   583.  No information furnished to the commission by a public
utility, or any business which is a subsidiary or affiliate of a
public utility, or a corporation which holds a controlling interest
in a public utility, except those matters specifically required to be
open to public inspection by this part, shall be open to public
inspection or made public except on order of the commission, or by
the commission or a commissioner in the course of a hearing or
proceeding. Any present or former officer or employee of the
commission who divulges any such information is guilty of a
misdemeanor.
  SEC. 3.  Section 583 is added to the Public Utilities Code, to
read:
   583  (a) The California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) shall apply to all records of, and records filed
with, the commission unless expressly exempt from disclosure by this
code or the California Public Records Act.
   (b) The commission shall immediately conduct a hearing to amend
General Order 66 to be consistent with this section.