AB 415, as amended, 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 wouldbegin delete establishend deletebegin insert provide that evidence ofend insert a reasonable good faith reliancebegin delete defense, as specified, toend deletebegin insert
upon advice directly provided by the commission staff is to be considered by the commission only for the purposes of determining the appropriate penalty to impose inend insert an enforcement action by the commission pursuant to the act or an order, decision, rule, direction, demand, or requirement of the commission.begin delete 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.end delete
Vote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2120 is added to the Public Utilities Code,
2to read:
(a) begin deleteA end deletebegin insertEvidence of a end insertreasonable good faith reliance upon
4begin delete the direction andend deletebegin insert theend insert advicebegin delete ofend deletebegin insert directly provided byend insert commission
5staffbegin delete is a defense toend deletebegin insert
shall be considered by the commission only
6for the purposes of determining the appropriate penalty to be
7imposed inend insert an enforcement action brought by the commission
8pursuant to this part or pursuant to an order, decision, rule,
9direction, demand, or requirement of the commission.
10(b) The commission shall not commence or maintain an
11adjudication or other enforcement action or proceeding against a
12public utility, or other person or corporation over which the
13commission has or claims authority or jurisdiction, to fine, hold
14in contempt, or otherwise punish or issue an order against the
15public utility, or other person or corporation for a violation of this
16part, or a rule or order adopted by the commission pursuant to this
17part, if the public utility, or other
person or corporation that has
18relied, in good faith, on the advice or direction of staff of the
19commission to whom the public utility, or other person or
20corporation was directed, in writing, to consult on behalf of the
21commission.
22(c)
end delete
23begin insert(b)end insert For the purpose of this section, “reasonable good faith
24reliance” means a reasonable belief that the action of an entity,
25acting on the direction and advice of the staff of the commission,
26is legal and consistent with the direction and advice provided.
27(d) This section does not apply to an enforcement action that is
28directly related to an action alleging a violation that led, or could
29have directly led, to harm of humans.
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