BILL NUMBER: AB 415	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 3, 2013

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 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 would  establish   provide that
evidence of  a reasonable good faith reliance  defense,
as specified, to   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 in  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
  yes  . 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   Evidence of a 
reasonable good faith reliance upon  the direction and
  the  advice  of   directly
provided by  commission staff  is a defense to 
 shall be considered by the commission only for the purposes of
determining the appropriate penalty to be imposed in  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) 
    (b)  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.