BILL ANALYSIS Ó
AB 1023
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GOVERNOR'S VETO
AB
1023 (Rendon)
As Enrolled September 16, 2015
2/3 vote
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|ASSEMBLY: |74-0 |(May 22, 2015) |SENATE: |40-0 |(September 10, |
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|ASSEMBLY: |79-0 |(September 11, | | | |
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Original Committee Reference: U. & C.
SUMMARY: Requires the California Public Utilities Commission
(CPUC) to establish and maintain a weekly communications log
summarizing all oral or written ex parte communications, as
specified.
The Senate amendments make minor technical and clarifying
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changes, including changes to address chaptering out conflicts.
EXISTING LAW:
1)Requires the CPUC to determine whether a proceeding requires a
hearing, and whether the matter requires a quasi-legislative,
adjudication, or a ratesetting hearing. (Public Utilities
Code Section 1701.1)
2)Requires the CPUC to establish regulations regarding ex parte
communication on case categorization issues. (Public
Utilities Code Section 1701.1)
3)Requires the CPUC, upon initiating a hearing, to assign one or
more commissioners to oversee the case and an administrative
law judge (ALJ) where appropriate. The assigned commissioner
shall schedule a prehearing conference. The assigned
commissioner shall prepare and issue by order or ruling a
scoping memo that describes the issues to be considered and
the applicable timetable for resolution. (Public Utilities
Code Section 1701.1)
4)Defines "ex parte communication" to mean any oral or written
communication between a decision maker and a person with an
interest in a matter before the Commission concerning
substantive, but not procedural issues which does not occur in
a public hearing, workshop, or other public proceeding, or on
the official record of the proceeding on the matter. (Public
Utilities Code Section 1701.1)
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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COMMENTS:
1)Author's Statement: "In recent months, revelations have shown
a pattern of informal and private contacts by CPUC members
with regulated entities. In response, CPUC management set up
a weekly communications log that summarizes oral and written
ex parte communications. This bill would codify the
requirement that the CPUC maintain that contact log."
2)Background: In 2014, revelations surfaced that members of the
CPUC repeatedly had informal private contacts with entities
under its regulatory purview. As a result, on October 18,
2014, the CPUC Executive Director issued a memo implementing
new reporting procedures for communications between certain
CPUC staff and CPUC-regulated entities. The memo directed
division directors and above, as well as voluntarily asked
commissioners, their advisors, and the chief ALJ to provide a
communications log summarizing all oral or written ex parte
communications that occur between themselves and
CPUC-regulated entities who are interested persons to a
ratesetting or adjudicatory proceeding. The communications
log must include the date of each communication, the persons
involved, and to the extent known, any proceedings that were
the subject of each communication. The communications log
must be provided on a weekly basis and be made available on
the CPUC's Web site. Since October 15, 2014, the CPUC began
publishing these logs every other week since the policy was
established.
This bill codifies the provisions of the CPUC policy that
requires the CPUC to establish and maintain a weekly
communications log summarizing all oral or written ex parte
communications between a person with an interest in a matter
before the CPUC and a commissioner, all policy advisors to a
commissioner, the executive director, a deputy executive
director, a division director, or an ALJ. The bill would
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expand the reporting to include quasi-legislative proceedings,
advice letters, and scoping memos.
GOVERNOR'S VETO MESSAGE:
These bills aim to improve the public accessibility and
transparency in decision-making at the Public Utilities
Commission.
There are many important and needed reforms in this package of
bills. Unfortunately, taken together there are various
technical and conflicting issues that make the over fifty
proposed reforms unworkable. Some prudent prioritization is
needed.
These reforms should include greater public access through
technology improvements, incorporating public comments into the
record, more Commission meetings outside of San Francisco,
amending Section 583 of the Public Utilities Code to require
more information to be publicy available, facilitating greater
deliberation among Commissioners through Bagley-Keene reform to
improve decisionmaking and some tightening the rules on certain
ex-parte communications.
I am directing my office to work with the authors on drafting
these reforms and to ensure the Commission receives the
necessary resources to implement them swiftly and effectively.
Analysis Prepared by:
Edmond Cheung / U. & C. / (916) 319-2083 FN:
0002519
AB 1023
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