Amended in Assembly September 6, 2013

Amended in Assembly September 3, 2013

Amended in Assembly June 25, 2013

Senate BillNo. 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 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 thebegin delete Executive Directorend deletebegin insert executive directorend insert 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 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:

P2    1

SECTION 1.  

Section 1702.5 is added to the Public Utilities
2Code
, to read:

3

1702.5.  

(a) The commission shall, in an existing or new
4proceeding, develop and implement a safety enforcement program
5applicable to gas corporations and electrical corporationsbegin delete that are
6public utilities ,end delete
which includes procedures for monitoring, data
7tracking and analysis, and investigations, as well as issuance of
8citations by commission staff, under the direction of the executive
9director. The enforcement program shall be designed to improve
10gas and electrical system safety through the enforcement of
11applicable law, or order or rule of the commission related to safety
12using a variety of enforcement mechanisms, including the issuance
13of corrective actions, orders, and citations by designated
14commission staff, and recommendations for action made to the
15commission by designated commission staff.

16(1) Whenbegin delete issuingend deletebegin insert considering the issuance ofend insert citations and
17begin delete assessingend deletebegin insert assessment ofend insert penalties, the commission staff shall take
18into account voluntary reporting of potential violations, voluntary
19removal or resolution efforts undertaken, the prior history of
20violations, the gravity of the violation, and the degree of
21culpability.

P3    1(2) The procedures shall include, but are not limited to,
2providing notice of violation within a reasonable period of time
3after the discovery of the violation.

4(3) The commission shall adopt an administrative limit on the
5amount of monetary penalty that may be set by commission staff.

6(b) The commission shall develop and implement an appeals
7process to govern the issuance and appeal of citations or resolution
8of corrective action orders issued by the commission staff. The
9appeals process shall provide the respondent a reasonable period
10of time, upon receiving a citation, to file a notice of appeal, shall
11afford an opportunity for a hearing, and shall require the hearing
12officer to expeditiously provide a draft disposition.

13(c) The commission shall, within a reasonable time set by the
14commission, conclude a safety enforcement action with a finding
15of violation, a corrective action order, a citation, a determination
16of no violation, approval of the corrective actions undertaken by
17the gas corporation or electrical corporation, or other action. The
18commission may institute a formal proceeding regarding the alleged
19violation, potentially resulting in additional enforcement action,
20regardless of any enforcement action taken at the commission staff
21level.

22(d) The commission shall implement the safety enforcement
23program for gas safety by July 1, 2014, andbegin insert implementend insert the safety
24enforcement program for electrical safety no later than January 1,
252015.

begin insert

26(e) This section does not apply to an exempt wholesale
27generator, a qualifying small power producer, or qualifying
28cogenerator, as defined in Section 796 of Title 16 of the United
29States Code and the regulations enacted pursuant thereto. Nothing
30in this section affects the commission’s authority pursuant to
31Section 761.3.

end insert


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