Amended in Assembly June 25, 2013

Senate Bill No. 291

Introduced by Senator Hill

February 14, 2013

An act to add Section 1702.5 to the Public Utilities Code, relating to the Public Utilities Commission.

LEGISLATIVE COUNSEL’S DIGEST

SB 291, as amended, Hill. Public Utilities Commission: safety enforcement: gas and electrical corporations.

Under existing law, the Public Utilities Commission begin delete (PUC) end delete has regulatory authority over public utilities, including gas corporations and electrical corporations, as defined. The Public Utilities Act requires the begin delete PUC end delete begin insert commission end insert to investigate the cause of all accidents occurring upon the property of any public utility or directly or indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to person or property and requiring, in the judgment of the begin delete PUC end delete begin insert commission end insert , investigation by it, and authorizes the begin delete PUC end delete begin insert commission end insert to make any order or recommendation with respect to the investigation that it determines to be just and reasonable. The act additionally authorizes the begin delete PUC end delete begin insert commission end insert to ascertain and fix just and reasonable standards, classifications, regulations, practices, measurements, or services to be furnished, imposed, observed, and followed by specified public utilities, including electrical and gas corporations. Existing law authorizes the begin delete PUC end delete begin insert commission end insert to issue and serve citations in the enforcement of certain pipeline safety laws applicable to mobilehome park gas delivery systems and propane operators.

This bill would require the begin delete PUC end delete begin insert commission, in an existing or new proceeding, end insert to develop and implement begin insert a safety enforcement program that includes end insert procedures for issuance of citations by begin delete PUC end delete begin insert commission end insert staff, under the direction of the Executive Director of the begin delete PUC end delete begin insert commission end insert , to gas corporations and electrical corporations for correction and punishment of safety violations. The bill would require the begin delete PUC end delete begin insert commission end insert to develop and implement an appeals process to govern issuance and appeal of citations begin insert , or resolution of corrective action orders. The bill would require the commission to implement the safety enforcement program for gas safety by July 1, 2014, and for electric safety by January 1, 2015 end insert .

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 1702.5 is added to the Public Utilities
Code, to read:

1702.5.  

(a) The commission shall begin insert , in an existing or new
proceeding, end insert develop and implement begin delete procedures for issuance of
citations by commission staff, under the direction of the Executive
Director, end delete begin insert a safety enforcement program applicable end insert to gas
corporations and electrical corporations begin delete for correction and
punishment of safety violations end delete begin insert , which includes procedures for
issuance of citations by commission staff, under the direction of
the Executive Director. The enforcement program shall be designed
to improve gas and electric system safety through the enforcement
of applicable law, or order or rule of the commission related to
safety using a variety of enforcement mechanisms, including the
issuance of corrective actions, orders, and citations by designated
commission staff end insert .

begin insert

(1) When issuing citations and assessing penalties, the
commission staff shall take into account voluntary removal or
resolution efforts undertaken, the prior history of violations, the
gravity of the violation, and the degree of culpability.

end insert begin insert

(2) The procedures shall include, but are not limited to,
providing notice of violation and a reasonable period, not to exceed
30 calendar days, for the respondent to correct the violation, to
allow one or more hearings within 60 days of being a citation at
the request of the respondent.

end insert begin insert

(3) The commission shall adopt an administrative limit on the
amount of monetary penalty that may be set by commission staff.

end insert

(b) The commission shall develop and implement an appeals
process to govern the issuance and appeal of citations begin insert or resolution
of corrective action orders end insert issued by the commission begin insert staff end insert .

begin insert

(c) The commission shall, within a reasonable time set by the
commission, conclude a safety enforcement action by determining
a finding of violation, by corrective action order, citation,
determination of no violation, or other action. The commission
may institute a formal proceeding regarding the alleged violation
regardless of any enforcement action taken at the commission staff
level.

end insert begin insert

(d) The commission shall implement the safety enforcement
program for gas safety by July 1, 2014, and the safety enforcement
program for electric safety no later than January 1, 2015.

end insert