BILL NUMBER: SB 291	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 3, 2013
	AMENDED IN ASSEMBLY  JUNE 25, 2013

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 has regulatory
authority over public utilities, including gas corporations and
electrical corporations, as defined. The Public Utilities Act
requires the commission 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 commission, investigation by
it, and authorizes the commission to make any order or recommendation
with respect to the investigation that it determines to be just and
reasonable. The act additionally authorizes the commission 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 commission 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 commission, in an existing or new
proceeding, to develop and implement a safety enforcement program
that includes procedures for  monitoring, data tracking and
analysis, and investigations, as well as  issuance of citations
by commission staff, under the direction of the Executive Director of
the commission, to gas corporations and electrical corporations for
correction and punishment of safety violations. The bill would
require the commission to develop and implement an appeals process to
govern issuance and appeal of citations, 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   electrical  safety by
January 1, 2015.
   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, in an existing or new
proceeding, develop and implement a safety enforcement program
applicable to gas corporations and electrical corporations  that
are public utilities  , which includes procedures for 
monitoring, data tracking and analysis, and investigations, as well
as  issuance of citations by commission staff, under the
direction of the executive director. The enforcement program shall be
designed to improve gas and  electric  
electrical  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  , and recommendations for action made to the commission by
designated commission staff  .
   (1) When issuing citations and assessing penalties, the commission
staff shall take into account voluntary  reporting of potential
violations, voluntary  removal or resolution efforts undertaken,
the prior history of violations, the gravity of the violation, and
the degree of culpability.
   (2) The procedures shall include, but are not limited to,
providing notice of violation  and   within
 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   period of time after the discovery of the
violation  .
   (3) The commission shall adopt an administrative limit on the
amount of monetary penalty that may be set by commission staff.
   (b) The commission shall develop and implement an appeals process
to govern the issuance and appeal of citations or resolution of
corrective action orders issued by the commission staff.  The
appeals process shall provide the respondent a reasonable period of
time, upon receiving a citation, to file a notice of appeal, shall
afford an opportunity for a hearing, and shall require the hearing
officer to expeditiously provide a draft disposition. 
   (c) The commission shall, within a reasonable time set by the
commission, conclude a safety enforcement action  by
determining   with  a finding of violation,
 by   a  corrective action order,  a
 citation,  a  determination of no violation, 
approval of the corrective actions undertaken by the gas corporation
or electrical corporation,  or other action. The commission may
institute a formal proceeding regarding the alleged violation  ,
potentially resulting in additional enforcement action, 
regardless of any enforcement action taken at the commission staff
level.
   (d) The commission shall implement the safety enforcement program
for gas safety by July 1, 2014, and the safety enforcement program
for  electric   electrical  safety no later
than January 1, 2015.