BILL NUMBER: AB 2795	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2016

INTRODUCED BY   Assembly Member Lopez

                        FEBRUARY 19, 2016

    An act to amend Section 707 of the Public Utilities Code,
relating to electricity.   An act to amend Section
2891.1 of the Public Utilities Code, relating to telephony. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2795, as amended, Lopez.  Electricity: community choice
aggregators.  Telephony: unlisted numbers.  
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including telephone corporations.
Existing law prohibits a telephone corporation selling or licensing
lists of residential subscribers from including the telephone number
of any subscriber assigned an unpublished or unlisted access number,
as defined, without his or her written waiver of this protection.
Existing law prohibits a provider of mobile telephony services, as
defined, or any affiliate or agent of the provider, providing the
name and dialing number of a subscriber for inclusion in a directory
or directory database, from including the dialing number of any
subscriber without first obtaining the express consent of that
subscriber. Existing law prohibits a subscriber from being charged
for making the choice to not have his or her name and mobile
telephony dialing number listed in a publicly available directory
assistance database.  
   This bill would prohibit a subscriber from being charged for
making a choice to not have the above information listed in a
directory. The bill would additionally prohibit a subscriber from
being charged for making the choice to not have his or her name and
residential telephone number listed in a directory or a publicly
available directory assistance database.  
   Existing law requires the Public Utilities Commission to consider
and adopt a code of conduct, associated rules, and enforcement
procedures to govern the conduct of electrical corporations relative
to the consideration, formation, and implementation of a community
choice aggregation program. Existing law requires the commission to
ensure that the code of conduct, associated rules, and enforcement
procedures are implemented by no later than January 1, 2013.
 
   This bill would make a nonsubstantive change to that provision.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 2891.1 of the   Public
Utilities Code   is amended to read: 
   2891.1.  (a) Notwithstanding Section 2891, a telephone corporation
selling or licensing lists of residential subscribers shall not
include the telephone number of  any   a 
subscriber assigned an unlisted or unpublished access number. A
subscriber may waive all or part of the protection provided by this
subdivision through written notice to the telephone corporation.
   (b) Notwithstanding Section 2891, a provider of mobile telephony
services, or any direct or indirect affiliate or agent of a provider,
providing the name and dialing number of a subscriber for inclusion
in any directory of any form, or selling the contents of any
directory database, or any portion or segment  thereof,
  of a directory database,  shall not include the
dialing number of  any   a  subscriber
without first obtaining the express consent of that subscriber. The
express consent shall meet all of the following requirements:
   (1) It shall be one of the following:
   (A) A separate document that is signed and dated by the
subscriber, and that is not attached to any other document.
   (B) An affirmative response made on a separate field on an
Internet Web site where there is no default. The provider of mobile
telephony services shall send a confirmation notice to the subscriber'
s electronic mail address, or to a subscriber's postal mail address
if the subscriber does not have an electronic mail account.
   (2) It shall be unambiguous, legible, and conspicuously disclose
that, by opting in, the subscriber is consenting to have the
subscriber's dialing number sold or licensed as part of a list of
subscribers and the subscriber's dialing number may be included in a
publicly available directory.
   (3) If, under the subscriber's calling plan, the subscriber may be
billed for receiving unsolicited calls or text messaging from a
telemarketer, the provider's form shall include an unambiguous and
legible disclosure statement that, by consenting to have the
subscriber's dialing number sold or licensed as part of a list of
subscribers or included in a publicly available directory, the
subscriber may incur additional charges for receiving unsolicited
calls or text messages.
   (c)  Nothing in this section prohibits   This
section does not prohibit  a subscriber of mobile telephony
services from voluntarily entering into an agreement for the
placement of his or her name and mobile telephony dialing number in
any advertising program if the agreement satisfies the express
consent requirements of this section.
   (d) A subscriber who provides express prior consent pursuant to
subdivision (b) may revoke that consent at any time. A provider of
mobile telephony services shall comply with the subscriber's request
to opt out within a reasonable period of time, not to exceed 60 days.

   (e) A subscriber shall not be charged for making the choice to not
have  their   his or her  name and mobile
telephony dialing number  be   or his or her
name and residential telephone number  listed in a 
directory or  publicly available directory assistance database.
   (f) This section does not apply to the provision of telephone
numbers to the following parties for the purposes indicated:
   (1) To a collection agency, to the extent disclosures made by the
agency are supervised by the commission, exclusively for the
collection of unpaid debts.
   (2) (A) To  any   a  law enforcement
agency, fire protection agency, public health agency, public
environmental health agency, city or county emergency services
planning agency, or private for-profit agency operating under
contract with, and at the direction of, one or more of these
agencies, for the exclusive purpose of responding to a 911 call or
communicating an imminent threat to life or property.
   (B) Any information or records provided to a private for-profit
agency pursuant to this subdivision shall be held in confidence by
that agency and by  any   an  individual
employed by or associated with that agency. This information or these
records shall not be open to examination for any purpose not
directly connected with the administration of the services specified
in subdivision (e) of Section 2872 or this paragraph.
   (3) To a lawful process issued under state or federal law.
   (4) To a telephone corporation providing service between service
areas for the provision to the subscriber of telephone service
between service areas, or to third parties for the limited purpose of
providing billing services.
   (5) To a telephone corporation to effectuate a customer's request
to transfer the customer's assigned telephone number from the
customer's existing provider of telecommunications services to a new
provider of telecommunications services.
   (6) To the commission pursuant to its jurisdiction and control
over telephone and telegraph corporations.
   (g) Every deliberate violation of this section is grounds for a
civil suit by the aggrieved subscriber against the organization or
corporation and its employees responsible for the violation.
   (h) For purposes of this section, "unpublished or unlisted access
number" means a telephone, telex, teletex, facsimile, computer modem,
or any other code number that is assigned to a subscriber by a
telephone or telegraph corporation for the receipt of communications
initiated by other telephone or telegraph customers and that the
subscriber has requested that the telephone or telegraph corporation
keep in confidence.
   (i)  No telephone corporation, nor any official or
employee thereof, shall   A   telephone
corporation, or an official or employee of a telephone corporation,
shall not  be subject to criminal or civil liability for the
release of customer information as authorized by this section.

  SECTION 1.    Section 707 of the Public Utilities
Code is amended to read:
   707.  (a) Not later than March 1, 2012, the commission shall
institute a rulemaking proceeding for the purpose of considering and
adopting a code of conduct, associated rules, and enforcement
procedures, to govern the conduct of the electrical corporations
relative to the consideration, formation, and implementation of
community choice aggregation programs authorized in Section 366.2.
The code of conduct, associated rules, and enforcement procedures,
shall do all of the following:
   (1) Ensure that an electrical corporation does not market against
a community choice aggregation program, except through an independent
marketing division that is funded exclusively by the electrical
corporation's shareholders and that is functionally and physically
separate from the electrical corporation's ratepayer-funded
divisions.
   (2) Limit the electrical corporation's independent marketing
division's use of support services from the electrical corporation's
ratepayer-funded divisions, and ensure that the electrical
corporation's independent marketing division is allocated costs of
any permissible support services from the electrical corporation's
ratepayer-funded divisions on a fully allocated embedded cost basis,
providing detailed public reports of such use.
   (3) Ensure that the electrical corporation's independent marketing
division does not have access to competitively sensitive
information.
   (4) (A) Incorporate rules that the commission finds to be
necessary or convenient in order to facilitate the development of
community choice aggregation programs, to foster fair competition,
and to protect against cross-subsidization paid by ratepayers.
   (B) It is the intent of the Legislature that the rules include, in
whole or in part, the rules approved by the commission in Decision
97-12-088 and Decision 08-06-016.
   (C) This paragraph does not limit the authority of the commission
to adopt rules that it determines are necessary or convenient in
addition to those adopted in Decision 97-12-088 and Decision
08-06-016 or to modify any rule adopted in those decisions.
   (5) Provide for any other matter that the commission determines to
be necessary or advisable to protect a ratepayer's right to be free
from forced speech or to implement that portion of the federal Public
Utility Regulatory Policies Act of 1978 that establishes the federal
standard that no electric utility may recover from any person other
than the shareholders or other owners of the utility, any direct or
indirect expenditure by the electric utility for promotional or
political advertising (16 U.S.C. Sec. 2623(b)(5)).
   (b) No later than January 1, 2013, the commission shall ensure
that the code of conduct, associated rules, and enforcement
procedures are implemented.
   (c) This section does not limit the authority of the commission to
require that any marketing against a community choice aggregation
plan shall be conducted by an affiliate of the electrical
corporation, or to require that marketing against a community choice
aggregator not be conducted by a marketing division of the electrical
corporation, subject to affiliate transaction rules to be developed
by the commission.