BILL ANALYSIS Ó
SB 1000
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Date of Hearing: June 25, 2012
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Steven Bradford, Chair
SB 1000 (Yee) - As Amended: June 14, 2012
SENATE VOTE : 23-14
SUBJECT : California Public Utilities Commission: records.
SUMMARY : This bill requires California Public Utilities
Commission (PUC) investigation orders, recommendations, and
accident reports to be made publicly available pursuant to the
California Public Records Act. Specifically, this bill :
1)Requires the PUC to create a list of safety-related reports
submitted by gas corporations or electrical corporations that
the commission will, upon completion of the reports,
automatically disclose to the public.
2)Requires the PUC to establish the following on its Internet
Web site:
a) Post and maintain a comprehensive index of the
commission's records that explains whether and how the
public can access the commission's record.
b) Post 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.
c) Routinely post the safety-related reports that the
commission determines are subject to disclosure.
d) Provide a description of the commission's safety
jurisdiction, inspection, investigation, and enforcement
activities.
EXISTING LAW :
1)Requires public agencies to make public record open to
inspection. (6253 Government Code)
2)Requires public agencies to make a determination, within 10
days, on whether to disclose a public record in response to a
request. (6253 Government Code)
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3)Requires public agencies to adopt procedures for public record
requests. (6253.4 Government Code)
4)Specifies exemptions from Disclosure, including certain areas
under the PUC's authority. (6276.04 Government Code):
a) Intervenor award audits
b) Confidentiality of Information pursuant to 583 Public
Utilities Code
c) Railroad Infrastructure protection
1)Specifies that information given to the PUC by utilities,
affiliates, subsidiaries, or a corporation with a controlling
interest, are not open to public inspection. (583 Public
Utilities Code)
2)Establishes that disclosure of confidential information by
former or current PUC employees is guilty of a misdemeanor.
(583 Public Utilities Code)
FISCAL EFFECT : Unknown.
COMMENTS :
1)Author's Statement . After the explosion in San Bruno, certain
accident reports and investigation information was not readily
available for public disclosure. The PUC itself believes its
policies and practices regarding the release of information
needs to be modified and issued a support position for the
original contents of this bill. The PUC is also conducting a
review of its current disclosure policies with a goal of
allowing for more transparency at the agency.
2)PUC Confidentiality Statute. Unlike other state agencies, the
PUC operates under a statute (Public Utilities Code Section
583) which in practice makes public access to much of the
information in its proceedings the exception, rather than the
rule without positive action by the commission to make those
documents public.
3)PUC Records Access . The PUC issued a proposal last month that
would improve and streamline the process for the public to
access documents received or generated by the PUC. The PUC's
current policies for public access to records are included in
its General Order 66-C. By its own admission, the PUC's
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regulations for public access to records are "outdated and
cumbersome, and often delay rather than facilitate access to
records requested under the California Public Records Act."
The PUC has released a draft resolution to revise its public
disclosure policies and proposes to repeal General Order 66-C.
The draft is out for public comment. The schedule for formal
adoption by the PUC is unknown at this time. The Draft
Resolution is a significant departure for the PUC which has
generally started from the standpoint that everything they do
is confidential and the public and press has had an uphill
battle in gaining access to the records. By updating the
PUC's regulations governing public access to PUC records;
establishing procedures for more uniform processing of record
requests and requests for confidential treatment of documents
provided to the PUC; and improving access to records on the
PUC's Web site, the PUC could substantially streamline public
access to records and information.
4) Clarifications . The bill as drafted lacked some clarity
with regard to PUC orders or recommendations that should be
refined to specify that they should be a final order or
recommendation. In addition, it should clarify that
personal information regarding the public or utility
employees should be redacted from documents made public.
Finally, in the list of information that is added to the
commission's website, a minor clarification with respect to
that this is referring to PUC reports, by adding the word
"its."
Last, accident reports filed or generated by the commission
may be preliminary or draft in nature and are likely to change
as more information becomes available. Thus striking accident
reports filed with or generated by the commission would be
appropriate to ensure that there is less likelihood that
incorrect information could be released. This is particularly
important on issues dealing with safety.
The author may wish to consider the following amendments:
Amend Section 315(b) beginning on Page 3, line 7 as follows:
SECTION 1. Section 315 of the Public Utilities Code is amended
to read:
315(b) Any final order or recommendation made by the
commission pursuant to this section, and any accident report
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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. The commission shall
not include personally identifiable information of members of
the public or of utility employees injured in the accident in
any final order or recommendation that is made available for
public review. 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) For those records subject to public disclosure as set
forth in paragraph (1) of subdivision (a), 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 its safety-related
reports submitted by gas corporations or electrical
corporations 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
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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.
Add new Section 6254.31 to the Government Code:
Section 6254.31 is added to the Government Code to read:
6254.31 (a) Nothing in this chapter requires the Public
Utilities Commission to disclose any records of utilities in
its possession relating to non-management utility personnel or
employees, including but not limited to individual personnel
records and files, medical and similar files the disclosure of
which would constitute an unwarranted invasion of personal
privacy.
RELATED LEGISLATION :
AB 1541 (Dickinson) requires the PUC accident investigation
orders or recommendations and all information furnished to the
PUC, unless exempt, to be subject to public disclosure under the
CPRA.
REGISTERED SUPPORT / OPPOSITION :
Support
AARP California
California Newspaper Publishers Association
Opposition
None on file.
Analysis Prepared by : Susan Kateley / U. & C. / (916)
319-2083
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