BILL NUMBER: AB 2281	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 21, 2014

   An act to add Section 39510.5 to the Health and Safety Code, and
to add Section 301.5 to the Public Utilities Code, relating to state
government.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2281, as introduced, Hagman. State government: State Air
Resources Board: Public Utilities Commission: legislative oversight
participants.
   Existing law establishes in the California Environmental
Protection Agency the State Air Resources Board, which is responsible
for control of emissions from motor vehicles and is designated the
air pollution control agency for all purposes set forth in federal
law.
   This bill would require the President pro Tempore of the Senate
and the Speaker of the Assembly to jointly appoint 2 Members of the
Legislature, one Member from the majority party and one Member of the
minority party, to be legislative oversight participants in the
proceedings of the state board and would authorize the legislative
oversight participants to fully participate in discussions during
meetings of the state board as if the legislative oversight
participants were members of the state board, but would have no right
to vote in matters before the state board. The bill would require
the executive officer of the state board ensure that both legislative
oversight participants are provided with the agenda of business and
all materials provided to a member of the state board for
consideration of any item that is before the full state board. The
bill would authorize a legislative oversight participant to request
to be supplied with materials filed with, or developed by, the state
board with respect to any item that is before the board for
consideration. The bill would require that the legislative oversight
participant maintain the confidentiality of any proprietary,
confidential, or otherwise legally protected information supplied to
the legislative oversight participant.
   The California Constitution establishes the Public Utilities
Commission, authorizes the commission, subject to statute and due
process, to establish its own procedures, provides that all public
utilities, as defined, are subject to control by the Legislature, and
generally authorizes the commission to fix rates, establish rules,
examine records, issue subpenas, administer oaths, take testimony,
punish for contempt, and prescribe a uniform system of accounts for
all public utilities subject to its jurisdiction.
   This bill would require the President pro Tempore of the Senate
and the Speaker of the Assembly to jointly appoint 2 Members of the
Legislature, one Member from the majority party and one Member of the
minority party, to be legislative oversight participants in the
proceedings of the commission and would authorize the legislative
oversight participants to fully participate in discussions during
meetings of the commission as if the legislative oversight
participants were members of the commission, but would have no right
to vote in matters before the commission. The bill would require the
executive director of the commission ensure that both legislative
oversight participants be provided with the agenda of business and
all materials provided to a commissioner for consideration of any
item that is before the full commission. The bill would authorize a
legislative oversight participant to request to be supplied with
materials filed with, or developed by, the commission with respect to
any investigation or proceeding of the commission. The bill would
require that the legislative oversight participant maintain the
confidentiality of any proprietary, confidential, or otherwise
legally protected information supplied to the legislative oversight
participant, unless the commission orders the materials be disclosed.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 39510.5 is added to the Health and Safety Code,
to read:
   39510.5.  (a) In order to improve legislative oversight, the
President pro Tempore of the Senate and the Speaker of the Assembly
shall jointly appoint two Members of the Legislature, one Member from
the majority party and one Member of the minority party, to be
legislative oversight participants in the proceedings of the state
board. A legislative oversight participant may fully participate in
discussions during meetings of the state board as if the legislative
oversight participant were a member of the state board, but shall
have no right to vote in matters before the state board.
   (b) The executive officer of the state board shall ensure that
each legislative oversight participant is provided with the agenda of
business and all materials provided to a member of the state board
for consideration of any item that is before the full state board. A
legislative oversight participant may request that the executive
officer supply the legislative oversight participant with materials
filed with, or developed by, the state board with respect to any item
that is before the board for consideration. A legislative oversight
participant shall maintain the confidentiality of any proprietary,
confidential, or otherwise legally protected information supplied to
the legislative oversight participant.
   (c) A legislative oversight participant shall receive no
compensation for his or her services, but shall be reimbursed for his
or her actual and necessary expenses incurred in connection with the
performance of his or her duties.
  SEC. 2.  Section 301.5 is added to the Public Utilities Code, to
read:
   301.5.  (a) In order to improve legislative oversight, the
President pro Tempore of the Senate and the Speaker of the Assembly
shall jointly appoint two Members of the Legislature, one Member from
the majority party and one Member of the minority party, to be
legislative oversight participants in the proceedings of the
commission. A legislative oversight participant may fully participate
in discussions during meetings of the commission as if the
legislative oversight participant were a member of the commission,
but shall have no right to vote in matters before the commission.
   (b) The executive director of the commission shall ensure that
each legislative oversight participant is provided with the agenda of
business and all materials provided to a commissioner for
consideration of any item that is before the full commission. A
legislative oversight participant may request that the executive
director supply the legislative oversight participant with materials
filed with, or developed by, the commission with respect to any
investigation or proceeding of the commission. A legislative
oversight participant may request the director of the independent
Office of Ratepayer Advocates supply the legislative oversight
participant with materials filed with, or developed by, the office
with respect to any investigation or proceeding in which the office
is participating. A legislative oversight participant shall maintain
the confidentiality of any proprietary, confidential, or otherwise
legally protected information supplied to the legislative oversight
participant unless the commission orders the material be disclosed
pursuant to Section 583.
   (c) A legislative oversight participant shall receive no
compensation for his or her services, but shall be reimbursed for his
or her actual and necessary expenses incurred in connection with the
performance of his or her duties.