BILL ANALYSIS                                                                                                                                                                                                    Ó



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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,  |        |     |               |
          |           |     |2015)           |        |     |               |
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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








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