BILL NUMBER: SB 1000	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 23, 2012
	AMENDED IN SENATE  APRIL 18, 2012
	AMENDED IN SENATE  APRIL 10, 2012

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

                        FEBRUARY 6, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1000, as amended, Yee. Public Utilities Commission: records.
   (1) 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, or generated by,
the commission pursuant to these requirements be made available and
ready for public review in compliance with the California Public
Records Act and these provisions.
   (2) 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. The act
provides that any present or former officer or employee of the
commission who divulges this information is guilty of a misdemeanor.
   This bill would require the commission to create a list of
safety-related reports that the commission would, upon completion of
the reports, automatically disclose to the public.  The bill
would require the commission, prior to disclosing any record, to
determine whether any exemptions to the California Public Records Act
or other law restricting disclosure apply to that record.  The
bill would require the commission to post certain information on its
Internet Web site. The bill would require the commission to
immediately revise its written guidelines, resolutions, and general
orders, as specified, and modify its existing rules governing
disclosure of public records to provide guidance on the showing
necessary to justify a commission decision to withhold disclosure of
specified categories of public records.  The bill would
repeal the provision that any present or former officer or employee
who divulges nonpublic information is guilty of a misdemeanor.

   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 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 any order or recommendation with
respect thereto as in its judgment seems just and reasonable. Every
public utility shall file with the commission, under rules the
commission prescribes, a report of each accident so occurring of 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, or generated by,
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) and Section 583. 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 amended to
read:
   583.  (a)  (1)    No information furnished to
the commission by a public utility, or any business that is a
subsidiary or affiliate of a public utility, or a corporation that
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. 
   (2) Any current or former officer or employee of the commission
who divulges information in violation of paragraph (1) is guilty of a
misdemeanor. 
   (b) Prior to disclosing any record, the commission shall determine
whether any exemption to the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) or other law restricting disclosure applies to that
record.
   (c) The commission shall create a list of safety-related reports
that the commission will, upon completion of the reports,
automatically disclose to the public.
   (d)  On the commission's Internet Web site, the commission shall
do all of the following:
   (1) Create and maintain a comprehensive index of the commission's
records that explains whether and how the public can access the
commission's records.
   (2) Create and maintain a database that details the requests the
commission has received to treat documents as confidential and the
commission's decisions regarding these requests.
   (3) Routinely post the safety-related reports that the commission
determines are subject to disclosure.
   (4) Provide a description of the commission's safety jurisdiction,
inspection, investigation, and enforcement activities.
   (e) To ensure compliance with the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code), the commission shall, as appropriate, redact
a publicly released document.
   (f) The commission shall immediately revise its written
guidelines, resolutions, and general orders adopted pursuant to
Section 6253.4 of the Government Code and shall modify its existing
rules governing the disclosure of public records to provide guidance
on the showing necessary to justify a commission decision to withhold
disclosure of the categories of public records defined in the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).