BILL NUMBER: SB 981 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Yee
JANUARY 23, 2012
An act to amend Section 301 of, and to add Section 303.5 to, the
Public Utilities Code, relating to the Public Utilities Commission.
LEGISLATIVE COUNSEL'S DIGEST
SB 981, as introduced, Yee. Public Utilities Commission:
commissioners: executive employees.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, as defined. The qualifications and
tenure of members of the commission are set forth in the California
Constitution. Existing law prohibits a commissioner from holding an
official relation to or having a financial interest in a person or
corporation subject to regulation by the commission and requires the
commission to adopt an updated Conflict of Interest Code and State of
Incompatible Activities.
Existing law provides for the comprehensive regulation of campaign
financing, conflicts of interests of public officials, and lobbying.
Existing law prohibits a designated employee of a state
administrative agency, any officer, employee, or consultant of a
state administrative agency holding a position that entails the
making, or participation in making, of decisions that may foreseeably
have a material effect on any financial interest, and a member of a
state administrative agency, for a period of one year after leaving
office of employment, to act as agent or attorney for, or otherwise
represent, any other person, by making any formal or informal
appearance, or by making any oral or written communication, before
any state administrative agency, or officer or employee thereof, for
which he or she worked or represented during the 12 months before
leaving office of employment, if the appearance or communication is
made for the purpose of influencing administrative or legislative
action, or influencing any action or proceeding involving the
issuance, amendment, awarding, or revocation of a permit, license,
grant, or contract, or the sale or purchase of goods or property.
This bill would prospectively prohibit a commissioner or executive
employee of the commission, as defined, for a period of 2 years
after leaving the employment of the commission, from becoming an
employee of, or, for compensation, acting as the agent for, a public
utility subject to the regulatory authority of the commission
pursuant to the Public Utilities Act. The bill would prospectively
prohibit the commission from hiring, as an executive employee of the
commission, any person who, in the previous 2 years, was an employee
or agent, for compensation, of a public utility subject to the
regulatory authority of the commission pursuant to the Public
Utilities Act. The bill would prospectively prohibit any person from
holding the office of commissioner who, in the previous 2 years, was
an employee or agent, for compensation, for a public utility subject
to the regulatory authority of the commission pursuant to the Public
Utilities Act.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 301 of the Public Utilities Code is amended to
read:
301. (a) The membership of the Public
Utilities Commission, and the qualifications and tenure of the
members of the commission are as provided in Section 1 of Article XII
of the Constitution of this state.
(b) No person shall hold the office of commissioner who, in the
previous two years, was an employee or agent, for compensation, of a
public utility subject to the regulatory authority of the commission
pursuant to this part. This prohibition shall be applicable to those
persons appointed by the Governor beginning January 1, 2013.
SEC. 2. Section 303.5 is added to the Public Utilities Code, to
read:
303.5. (a) For purposes of this section, an "executive employee
of the commission" means all of the following persons:
(1) Any chief of staff, executive assistant, or administrative
assistant I for a commissioner.
(2) The following advisors on the staff of a commissioner: any
legal advisor or legal advisor II, rotational advisor, policy and
planning advisor, energy efficiency and renewables advisor, technical
advisor and technical advisor II.
(3) The executive director of the commission appointed pursuant to
Section 308.
(4) The following employees of the executive offices of the
commission: a deputy executive director, policy and planning advisor,
director of governmental affairs, communications director,
government program analyst, associate governmental program analyst,
public utilities regulatory analyst, administrative assistant I.
(5) The attorney for the commission appointed pursuant to Sections
307.
(b) No commissioner, including the president, or executive
employee of the commission shall, for a period of two years after
leaving the employment of the commission, become an employee of, or,
for compensation, act as the agent for, a public utility subject to
the regulatory authority of the commission pursuant to this part.
This prohibition shall be applicable to a person who becomes an
executive employee of the commission after December 31, 2012.
(c) The commission shall not hire any person as an executive
employee who, in the previous two years, was an employee or agent,
for compensation, of a public utility subject to the regulatory
authority of the commission pursuant to this part. This prohibition
shall be applicable to persons hired as executive employees of the
commission beginning January 1, 2013.