BILL ANALYSIS Ó AB 1023 Page 1 GOVERNOR'S VETO AB 1023 (Rendon) As Enrolled September 16, 2015 2/3 vote ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(May 22, 2015) |SENATE: |40-0 |(September 10, | | | | | | |2015) | ----------------------------------------------------------------- ----------------------------------------------------------------- |ASSEMBLY: |79-0 |(September 11, | | | | | | |2015) | | | | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 1023 Page 2 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. AB 1023 Page 3 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 AB 1023 Page 4 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 Page 5