BILL NUMBER: AB 415	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Garcia

                        FEBRUARY 15, 2013

   An act to add Section 2120 to the Public Utilities Code, relating
to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 415, as introduced, Garcia. Public utilities: Public Utilities
Act: violation: defense.
   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
regulates specified public utilities. A violation of the Public
Utilities Act or an order, decision, rule, direction, demand, or
requirement of the commission is a crime.
   This bill would establish a reasonable good faith reliance
defense, as specified, to an enforcement action by the commission
pursuant to the act or an order, decision, rule, direction, demand,
or requirement of the commission. The bill would prohibit the
commission from commencing or maintaining an adjudication or other
enforcement action or proceeding against an entity if that entity has
relied, in good faith, on the advice or direction of the staff of
the commission. The bill would provide that this defense does not
apply to an action alleging a violation of the act that led, or could
have directly led, to harm of humans.
   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 2120 is added to the Public Utilities Code, to
read:
   2120.  (a) A reasonable good faith reliance upon the direction and
advice of commission staff is a defense to an enforcement action
brought by the commission pursuant to this part or pursuant to an
order, decision, rule, direction, demand, or requirement of the
commission.
   (b) The commission shall not commence or maintain an adjudication
or other enforcement action or proceeding against a public utility,
or other person or corporation over which the commission has or
claims authority or jurisdiction, to fine, hold in contempt, or
otherwise punish or issue an order against the public utility, or
other person or corporation for a violation of this part, or a rule
or order adopted by the commission pursuant to this part, if the
public utility, or other person or corporation that has relied, in
good faith, on the advice or direction of staff of the commission to
whom the public utility, or other person or corporation was directed,
in writing, to consult on behalf of the commission.
   (c) For the purpose of this section, "reasonable good faith
reliance" means a reasonable belief that the action of an entity,
acting on the direction and advice of the staff of the commission, is
legal and consistent with the direction and advice provided.
   (d) This section does not apply to an enforcement action that is
directly related to an action alleging a violation that led, or could
have directly led, to harm of humans.