BILL NUMBER: AB 366	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2013
	AMENDED IN ASSEMBLY  APRIL 1, 2013

INTRODUCED BY   Assembly Member Holden

                        FEBRUARY 14, 2013

   An act to amend Section 8282 of the Public Utilities Code,
relating to women, minority, and disabled veteran business
enterprises.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 366, as amended, Holden. Women, minority, and disabled veteran
business enterprises.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical, gas, water,
and telephone corporations. Existing law authorizes the commission to
establish rules for all public utilities, subject to control by the
Legislature.
   Existing law directs the commission to require every electrical,
gas, water, wireless telecommunications service provider, and
telephone corporation with annual gross revenues exceeding
$25,000,000, and their regulated subsidiaries and affiliates, to
implement a program developed by the commission to encourage,
recruit, and utilize minority-, women-, and disabled veteran-owned
business enterprises, as defined, in the procurement of contracts
from those corporations or from their regulated subsidiaries and
affiliates, and to require the reporting of certain information.
Existing law requires the commission, by rule or order, to adopt
criteria for verifying and determining eligibility of women,
minority, and disabled veteran business enterprises for procurement
contracts. The commission, by its rulemaking authority, has adopted
General Order 156, applicable to certain electrical, gas, and
telephone corporations, to effectuate these requirements. For the
purposes of these provisions, existing law defines a minority
business enterprise, women business enterprise, and disabled veteran
business enterprise.
   This bill would revise and recast these definitions.
   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 8282 of the Public Utilities Code is amended to
read:
   8282.  For  the  purposes of this article, the
following definitions apply:
   (a) "Women business enterprise" means a business enterprise whose
management and daily business operations are controlled by one or
more women and is either at least 51 percent owned by a woman or
women; or, in the case of any publicly owned business, has  an
executive management team that consists of at least 51 percent women,
and has  a board of directors whose membership includes at
least 51 percent women, and did so for at least five years prior to
the certification of the publicly owned business as a women business
enterprise.
   (b) "Minority business enterprise" means a business enterprise
whose management and daily business operations are controlled by one
or more members of a minority group and is either at least 51 percent
owned by a minority group or groups; or, in the case of any publicly
owned business, has  an executive management team that consists
of at least 51 percent minority, and has  a board of directors
whose membership includes at least 51 percent of one or more minority
groups and did so for at least five years prior to the certification
of the publicly owned business as a minority business enterprise.
The contracting utility shall presume that minority includes Asian
Pacific Americans,  Black   African 
Americans, Hispanic Americans, and Native Americans.
   (c) "Disabled veteran business enterprise" has the same meaning as
defined in paragraph (7) of subdivision (b) of Section 999 of the
Military and Veterans Code, except that in the case of any publicly
owned business the board of directors membership shall include at
least 51 percent disabled veterans, and the executive management and
daily business operations shall be controlled by one or more disabled
veterans. The membership of the board of directors must consist of
at least 51 percent disabled veterans for at least five years prior
to the certification of a publicly owned business as a disabled
veteran business enterprise.
   (d) "Control" means exercising the power to make policy decisions.

   (e)  "Operate" means being actively involved in the day-to-day
management and not merely officers or directors. 
   (f) "Executive management team" means controlling officers, as
defined in the articles of incorporation or bylaws of the publicly
owned businesses.