Amended in Senate August 10, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2903


Introduced bybegin delete Committee on Utilities and Commerceend deletebegin insert Assembly Member Gattoend insert

March 3, 2016


An act to amend Sectionsbegin delete 25301, 25302, 25417.5, and 25534 of the Public Resources Code, and to amend Section 343 of, to repeal Sections 619 and 623 of, and to repeal Division 1.5 (commencing with Section 3300) of,end deletebegin insert 303 and 309 of, and to add Sections 307.5, 307.6, 309.2, 314.6, 321.5, 910.7, 912.3, 1712, and 8331 to,end insert the Public Utilities Code, relating tobegin delete public utilities.end deletebegin insert the Public Utilities Commission, and declaring the urgency thereof, to take effect immediately.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2903, as amended, begin deleteCommittee on Utilities and Commerceend delete begin insertGattoend insert. begin deleteWharfingers: warehouseman: California Consumer Power and Conservation Financing Authority: energy crisis litigation. end deletebegin insertPublic Utilities Commission: duties and responsibilities: governance.end insert

begin insert

(1) Existing law establishes the Public Utilities Commission, with regulatory jurisdiction and authority over public utilities, including common carriers, electrical corporations, gas corporations, telephone corporations, and water corporations. Existing law prohibits a commissioner from holding an official relation to or having a financial interest in a person or corporation subject to regulation by the commission and requires the commission to adopt an updated conflict of interest code and statement of incompatible activities by February 28, 1998.

end insert
begin insert

This bill would prohibit an executive of a public utility from serving as a commissioner within 2 years after leaving the employment of the utility. The bill would require the commission to maintain an updated conflict of interest code and statement of incompatible activities.

end insert
begin insert

(2) Existing law requires the office of the commission to be in the City and County of San Francisco.

end insert
begin insert

This bill would require the commission to report, as specified, to the relevant policy and fiscal committees of the Legislature by March 31, 2017, on options to locate operations and staff outside of the commission’s San Francisco headquarters.

end insert
begin insert

(3) Existing law requires the Governor to designate the president of the commission from among its members and requires the president to direct the executive director, the attorney, and other staff of the commission, except for the independent Office of Ratepayer Advocates. Existing law authorizes the executive director to employ those officers, administrative law judges, experts, engineers, statisticians, accountants, inspectors, clerks, and employees as the executive director deems necessary to carry out the provisions of the Public Utilities Act or to perform the duties and exercise the powers conferred upon the commission by law.

end insert
begin insert

This bill would authorize the executive director to authorize commission employees to undertake temporary training and development assignments with other agencies, departments, and commissions that undertake coordinated activities with the commission, including the State Energy Resources Conservation and Development Commission, the State Air Resources Board, and the Division of Oil, Gas, and Geothermal Resources. The bill would require the executive director to work with the University of California, the California State University, and other postsecondary educational institutions to develop curriculum and training necessary or useful to candidates for employment with the commission. The bill would require the commission to appoint a chief administrative law judge and an internal auditor, to hold office at the pleasure of the commission and to perform specified functions.

end insert
begin insert

(4) Existing law places various responsibilities upon the commission to ensure that public utility services are provided in a manner that protects the public safety and the safety of utility employees.

end insert
begin insert

This bill would require the commission to appoint a Deputy Executive Director for Safety to hold office at its pleasure. The deputy executive director would have primary responsibility for implementing the authority of the commission to initiate an investigation into a safety-related matter and to exercise the emergency authority of the commission to ensure the safety of the public.

end insert
begin insert

(5) The California Constitution authorizes the commission to establish rules, examine records, and prescribe a uniform system of accounts for all public utilities. The Public Utilities Act requires the commission to inspect and audit the books and records of electrical corporations, gas corporations, heat corporations, telegraph corporations, telephone corporations, and water corporations for regulatory and tax purposes.

end insert
begin insert

This bill would authorize the commission to conduct financial and performance audits of any entity or program created by any order, decision, motion, settlement, or other action of the commission. If the commission undertook an audit pursuant to this authority, the bill would require the commission to transmit a copy of the audit report to the Legislature and to the Governor immediately upon completion of the audit and to make the report available to the public.

end insert
begin insert

(6) This bill would require the commission to appoint an independent ombudsman for ethics who would be required to receive complaints and comments from employees of the commission and members of the public concerning how the commission is carrying out its functions. The ombudsman, or staff under the direction of the ombudsman, would be responsible for instituting a program of enhanced ethics training for all commissioners and employees of the commission, including training concerning the commission’s conflict of interest code, statement of incompatible activities, and limitations upon ex parte communications.

end insert
begin insert

(7) The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. The Public Utilities Act requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. The act sets forth certain procedural requirements for the conduct of proceedings.

end insert
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This bill would authorize reports and analyses by local, state, and federal administrative agencies to be admitted into the evidentiary record of a proceeding if proffered by a party and if specified conditions were met.

end insert
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(8) The Nuclear Facility Decommissioning Act of 1985 requires the commission to undertake certain steps relative to the decommissioning of a nuclear powerplant by an electrical corporation.

end insert
begin insert

This bill would require the commission to advocate before the federal Nuclear Regulatory Commission for expedited relocation of any spent fuel stored at the San Onofre nuclear generating station, the Diablo Canyon Units 1 and 2 powerplant, and the Humboldt Bay Unit 3 powerplant to an independent, offsite spent fuel storage installation.

end insert
begin insert

(9) This bill would state the intent of the Legislature to transfer the duties and responsibilities of the commission over passenger stage corporations, charter-party carriers of passengers, transportation network companies, household goods carriers, vessel common carriers, private carriers, for-hire vessels, and commercial air operators to state departments within the Transportation Agency in a manner consistent with Article XII of the California Constitution and would require the Governor, by January 31, 2018, to propose the specific budget and statutory changes needed to complete the transfer of the duties and responsibilities to the Transportation Agency by no later than July 1, 2018.

end insert
begin insert

(10) This bill would require the California Research Bureau in the California State Library, by January 1, 2018, to conduct a study of telecommunications service governance to determine what regulatory structure would provide the appropriate regulatory oversight of telecommunications services and to assess the overarching goals of the various programs carried out by the commission, including a discussion of whether the commission, as a whole, is strategically aligned towards a clearly articulated public goal. The bill would require the study to review specified matters and to take into account the history of telecommunications service regulation in the state and changes in technology to make recommendations for guiding principles that clearly define California’s goals for the regulation of the telecommunications industry.

end insert
begin insert

(11) This bill would declare that it is to take effect immediately as an urgency statute.

end insert
begin delete

Existing law, until January 1, 2018, requires the Attorney General to represent the Department of Finance and to succeed to all rights, claims, powers, and entitlements of the Electricity Oversight Board in any litigation or settlement to obtain ratepayer recovery for the effects of the 2000-02 energy crisis. Existing law additionally prohibits the Attorney General from expending the proceeds of any settlements of those claims, except as specified.

end delete
begin delete

This bill would additionally require the Attorney General to represent the Department of Finance and to succeed to all rights, claims, powers, and entitlements of the California Consumer Power and Conservation Financing Authority in any litigation or settlement to obtain ratepayer recovery for the effects of the 2000-02 energy crisis and prohibit the Attorney General from expending the proceeds of any settlements of those claims, except as specified.

end delete
begin delete

Existing law authorizes the Public Utilities Commission to supervise and regulate every public utility in the state. Chapter 1063 of the Statutes of 1980 deleted warehouseman as a category of public utility under the Public Utilities Act, but did not delete the stated authority granted a warehouseman under the act to condemn property necessary for the construction and maintenance of facilities for storing property. Chapter 369 of the Statutes of 1987 deleted wharfingers as a category of public utilities under the Public Utilities Act, but did not delete the stated authority granted to a wharfinger under the act to condemn property necessary for the construction and maintenance of facilities for the receipt or discharge of freight or passengers. However, the authority to condemn property under the act is applicable only to a corporation that is a public utility.

end delete
begin delete

This bill would repeal the stated authority of a wharfinger or warehouseman to condemn property.

end delete
begin delete

Existing law enacted during the 2000-02 energy crisis creates the California Consumer Power and Conservation Financing Authority, with prescribed powers and responsibilities, including the power to issue revenue bonds, for the purposes of augmenting electrical generating facilities to ensure a sufficient and reliable supply of electricity, financing incentives for investment in cost-effective, energy-efficient appliances and energy demand reduction, achieving a specified energy capacity reserve level, providing financing for the retrofit of inefficient electrical powerplants, renewable energy and conservation, and, where appropriate, developing strategies for the authority to facilitate a dependable supply of natural gas at reasonable prices to the public. Existing law prohibits the authority from approving any new program, enterprise, or project, on or after January 1, 2007, unless authority to approve such an activity is granted by statute enacted on or before January 1, 2007.

end delete
begin delete

This bill would repeal the act establishing the authority and make other conforming changes.

end delete

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P6    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

(a) The Legislature finds and declares both of
2the following:

end insert
begin insert

3
(1) The Public Utilities Commission has played a vital and
4important oversight function protecting consumers by regulating
5public utilities.

end insert
begin insert

6
(2) Ensuring that oversight function is transparent and
7accountable to Californians, and ensuring that oversight function
8is focused on the safety of our communities, may require relocating
9or augmenting the Public Utilities Commission’s responsibilities.

end insert
begin insert

10
(b) By January 1, 2018, the California Research Bureau in the
11California State Library shall conduct a study of
12telecommunications service governance to determine what
13regulatory structure would provide the appropriate regulatory
14oversight of telecommunications services. The study shall assess
15the overarching goals of the various programs carried out by the
16Public Utilities Commission and include a discussion of whether
17the commission, as a whole, is strategically aligned towards a
18clearly articulated public goal. This portion of the study shall take
19into account the history of telecommunications service regulation
20in the state and changes in technology to make recommendations
21for guiding principles to clearly define California’s goals for the
22regulation of the telecommunications industry. The study shall
23review all of the following:

end insert
begin insert

24
(1) The relative scope of state and federal jurisdiction over
25telecommunications services and telecommunications service
26providers.

end insert
begin insert

27
(2) The extent to which changes in state and federal jurisdiction
28may have affected the ability of the Public Utilities Commission
29to perform the following functions:

end insert
begin insert

30
(A) Processing and resolving consumer service complaints,
31including those about voice and broadband service.

end insert
begin insert

32
(B) Maintaining and overseeing a fully functional and responsive
33911 system.

end insert
begin insert

34
(C) Maintaining and overseeing physical facilities, including
35trunks, poles, and towers used to provide voice and broadband
36service, including 911 service.

end insert
begin insert

37
(3) What gaps, if any, exist in the state’s regulatory authority
38that are not otherwise addressed by federal law or regulation over
P7    1telecommunications services, including, but not limited to,
2consumer protection and safety.

end insert
begin insert

3
(4) The state and local agencies in addition to the Public
4Utilities Commission that provide consumer protection and ensure
5the safety of telecommunication services.

end insert
begin insert

6
(5) How to enhance the processing and resolving of consumer
7complaints about telecommunications service.

end insert
begin insert

8
(6) How to enhance consumer protection from abusive practices,
9including those regarding voice and broadband service.

end insert
begin insert

10
(7) The extent to which the Federal Communication Commission
11and the Public Utilities Commission provide consumer protection
12related to telecommunications services, particularly in low-income
13and disadvantaged communities, specifically addressing each of
14the following:

end insert
begin insert

15
(A) Unjustified payments or disconnection over legitimate billing
16disputes.

end insert
begin insert

17
(B) Extended service outages that can be life-threatening for
18sick and elderly citizens and can jeopardize the survival of small
19and medium-sized businesses that depend on telecommunications
20services to function.

end insert
begin insert

21
(C) Disruption to, or poor quality of, 911 service.

end insert
begin insert

22
(D) The effect on customers of small local telecommunications
23service providers.

end insert
begin insert

24
(8) How to ensure the public can reach first responders in an
25emergency, including maintaining and overseeing a fully functional
26and responsive 911 system.

end insert
begin insert

27
(9) How to ensure that the physical facilities used to provide
28voice and broadband services, including 911 service, are
29adequately maintained, including trunks, poles, and towers.

end insert
begin insert

30
(10) The extent to which it is necessary for utility pole safety
31regulation to be governed by one regulatory structure regardless
32of the type of utility attachment.

end insert
begin insert

33
(11) How to ensure the commission is effectively managing the
34state’s universal service programs funded through the California
35High-Cost Fund-A Administrative Committee Fund, California
36High-Cost Fund-B Administrative Committee Fund, Universal
37Lifeline Telephone Service Trust Administrative Committee Fund,
38Deaf and Disabled Telecommunications Program Administrative
39Committee Fund, California Teleconnect Fund Administrative
P8    1Committee Fund, and California Advanced Services Fund (Chapter
21.5 (commencing with Section 270) of the Public Utilities Code).

end insert
begin insert

3
(12) How to ensure the effective administration of the Digital
4Infrastructure and Video Competition Act of 2006 (Division 2.5
5(commencing with Section 5800) of the Public Utilities Code).

end insert
begin insert

6
(13) The extent to which changes in state and federal jurisdiction
7may have affected the ability of the Public Utilities Commission
8to perform any of the aforementioned functions.

end insert
begin insert

9
(14) The extent to which competitive telecommunications
10services are available in California and to what extent there are
11regions within California that lack competitive alternatives.

end insert
begin insert

12
(15) The extent to which competitive telecommunications
13services create a gap, if any, in regulatory oversight.

end insert
begin insert

14
(16) How other states are governing telecommunications
15services.

end insert
begin insert

16
(17) The role of the Public Utilities Commission in regulating
17the wholesale telecommunications market.

end insert
begin insert

18
(18) The extent to which current in-state telecommunications
19jobs are affected by the transition to new technologies that provide
20telecommunications services.

end insert
begin insert

21
(19) The extent to which there is a regulatory nexus between
22the provision of water, energy, and telecommunications services.

end insert
23begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 303 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
24to read:end insert

25

303.  

(a) A public utilities commissioner may not hold an
26official relation to, nor have a financial interest in, a person or
27corporation subject to regulation by the commission. If any
28commissioner acquires a financial interest in a corporation or
29person subject to regulation by the commission other than
30voluntarily, his or her office shall become vacant unless within a
31reasonable time he or she divests himself or herself of the interest.

begin insert

32
(b) No executive of a public utility may serve as commissioner
33within two years after leaving the employment of the utility.

end insert
begin delete

34(b)

end delete

35begin insert(c)end insert The commission shallbegin delete adoptend deletebegin insert maintainend insert an updatedbegin delete Conflict
36of Interest Code and Statement of Incompatible Activities, by
37February 28, 1998,end delete
begin insert conflict of interest code and statement of
38incompatible activitiesend insert
in a manner consistent with applicable law.

39begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 307.5 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, to
40read:end insert

begin insert
P9    1

begin insert307.5.end insert  

(a) The commission shall appoint a chief administrative
2law judge, who shall hold office at the pleasure of the commission.

3
(b) The chief administrative law judge shall be responsible for
4the oversight of the administrative law judge division and shall
5organize, coordinate, supervise, and direct the operations of the
6division as directed by the commission, consistent with commission
7policies and priorities.

8
(c) The chief administrative law judge shall keep a full and true
9record of all proceedings of the commission.

end insert
10begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 307.6 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, to
11read:end insert

begin insert
12

begin insert307.6.end insert  

(a) The commission shall appoint an internal auditor,
13who shall hold office at the pleasure of the commission.

14
(b) The internal auditor shall be responsible for the oversight
15of the internal audit unit and shall plan, initiate, and perform
16audits of key financial, management, operational, and information
17technology functions within the commission to improve
18accountability and transparency to executive and state
19management.

20
(c) The internal auditor shall report his or her findings and
21recommendations directly to an audit subcommittee of the
22commission.

end insert
23begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 309 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
24to read:end insert

25

309.  

begin insert(a)end insertbegin insertend insertThe executive director may employ such officers,
26administrative law judges, experts, engineers, statisticians,
27accountants, inspectors, clerks, and employees as the executive
28director deems necessary to carry out the provisions of this part
29or to perform the duties and exercise the powers conferred upon
30the commission by law. All officers and employees shall receive
31such compensation as is fixed by the commission.

begin insert

32
(b) The executive director may authorize commission employees
33to undertake temporary training and development assignments
34 with other agencies, departments, and commissions that undertake
35coordinated activities with the commission, including the Energy
36Commission, the State Air Resources Board, and the Division of
37Oil, Gas, and Geothermal Resources.

end insert
begin insert

38
(c) The executive director shall work with the University of
39California, the California State University, and other
40postsecondary education institutions to develop curriculum and
P10   1training necessary or useful to candidates for employment with
2the commission.

end insert
3begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 309.2 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, to
4read:end insert

begin insert
5

begin insert309.2.end insert  

The commission shall appoint a Deputy Executive
6Director for Safety, who shall hold office at its pleasure. The deputy
7executive director shall have primary responsibility for
8implementing the authority of the commission to initiate an
9investigation into a safety-related matter and to exercise the
10emergency authority of the commission to ensure the safety of the
11public.

end insert
12begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 314.6 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, to
13read:end insert

begin insert
14

begin insert314.6.end insert  

(a) The commission may conduct financial and
15performance audits of any entity or program created by any order,
16decision, motion, settlement, or other action of the commission.

17
(b) The commission shall complete any audit in a timely manner
18consistent with the Generally Accepted Government Auditing
19Standards developed by the United States Government
20Accountability Office.

21
(c) After performing an audit pursuant to this section, the
22commission may conduct additional followup work that is related
23to any findings and recommendations related to the audit.

end insert
24begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 321.5 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, to
25read:end insert

begin insert
26

begin insert321.5.end insert  

(a) The commission shall appoint an independent
27ombudsman for ethics. The ombudsman shall receive complaints
28and comments from employees of the commission and members
29of the public concerning how the commission is carrying out its
30functions. The ombudsman shall maintain the confidentiality of
31an employee’s identity unless the employee expressly indicates a
32desire to communicate his or her identity to the commission.

33
(b) The ombudsman, or staff under the direction of the
34ombudsman, shall be responsible for instituting a program of
35enhanced ethics training for all commissioners and employees of
36the commission, including training concerning the commission’s
37conflict of interest code, statement of incompatible activities, and
38limitations upon ex parte communications.

end insert
39begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 910.7 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, to
40read:end insert

begin insert
P11   1

begin insert910.7.end insert  

(a) By March 31, 2017, the commission shall report to
2the relevant policy and fiscal committees of the Legislature on
3options to locate operations and staff outside of the commission’s
4San Francisco headquarters. The report shall explore options for
5leveraging additional facilities in areas of the state, including
6Sacramento, that would allow the commission to collaborate with
7other state entities and provide staff more opportunities for
8training, career development, and exchange placements with other
9state entities. The report shall do both of the following:

10
(1) Consider categories of operations in different offices.

11
(2) Analyze recruitment and retention, salary disparities by
12 location based on duty statements, and costs associated with using
13locations outside of San Francisco with no, or minimal, disruption
14of current commission employees.

15
(b) The commission shall conduct one or more public workshops
16to obtain suggestions, concerns, ideas, and comments from
17stakeholders and interested members of the public in furtherance
18of the purpose of the report.

19
(c) Pursuant to Section 10231.5 of the Government Code, this
20section is repealed on March 31, 2021.

end insert
21begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 912.3 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
22to read:end insert

begin insert
23

begin insert912.3.end insert  

Immediately upon completion of an audit of any entity
24or program created by any order, decision, motion, settlement, or
25other action by the commission conducted pursuant to Section
26314.6, the commission shall transmit a copy of the audit report to
27the Legislature, including to the appropriate policy and fiscal
28committees or subcommittees of the Legislature, and to the
29Governor. Once the audit report has been transmitted to the
30Legislature and the Governor, the report shall be made available
31to the public.

end insert
32begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 1712 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
33to read:end insert

begin insert
34

begin insert1712.end insert  

(a) Reports and analyses by local, state, and federal
35administrative agencies may be admitted into the evidentiary
36record if proffered by a party and both of the following apply:

37
(1) The reports or analyses have been adopted or approved by
38a vote of the governing body of the agency, approved by the
39director or head of the agency, or published in a peer-reviewed
40academic publication.

P12   1
(2) The commission provides an opportunity, consistent with
2due process, for other parties and the public to analyze and
3respond to any facts asserted by the reports or analyses.

4
(b) Unless a witness representing the agency is able to respond
5to questions relating to the content of the reports or analyses, and
6is available for cross-examination, the reports or analyses shall
7not serve as the basis for any findings of fact or conclusions of
8law.

end insert
9begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 8331 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
10to read:end insert

begin insert
11

begin insert8331.end insert  

The commission shall advocate before the federal
12Nuclear Regulatory Commission for expedited relocation of any
13spent fuel stored at the San Onofre Nuclear Generating Station,
14the Diablo Canyon Units 1 and 2 powerplant, and Humboldt Bay
15Unit 3 powerplant to an independent, offsite spent fuel storage
16installation.

end insert
17begin insert

begin insertSEC. 13.end insert  

end insert
begin insert

(a)  For purposes of this section, the following terms
18have the following meanings:

end insert
begin insert

19
(1) “Charter-party carrier of passengers” has the same meaning
20as defined in Section 5360 of, subject to the exclusions in Section
215353 of, the Public Utilities Code.

end insert
begin insert

22
(2) “Commercial air operator” has the same meaning as defined
23in Section 5500 of the Public Utilities Code.

end insert
begin insert

24
(3) “For-hire vessel” has the same meaning as defined in
25Section 4661 of the Public Utilities Code.

end insert
begin insert

26
(4) “Household goods carrier” has the same meaning as defined
27in Section 5109 of the Public Utilities Code.

end insert
begin insert

28
(5) “Passenger stage corporation” has the same meaning as
29defined in Section 226 of the Public Utilities Code.

end insert
begin insert

30
(6) “Private carrier” has the same meaning as defined in
31Section 4001 of the Public Utilities Code.

end insert
begin insert

32
(7) “Transportation network company” has the same meaning
33as defined in Section 5431 of the Public Utilities Code.

end insert
begin insert

34
(8) “Vessel common carrier” means those persons and
35corporations that are a common carrier pursuant to subdivision
36(b) of Section 212 of the Public Utilities Code.

end insert
begin insert

37
(b) It is the intent of the Legislature to transfer the duties and
38responsibilities of the Public Utilities Commission over passenger
39stage corporations, charter-party carriers of passengers,
40transportation network companies, household goods carriers,
P13   1vessel common carriers, private carriers, for-hire vessels, and
2commercial air operators to state departments within the
3Transportation Agency in a manner consistent with Article XII of
4the California Constitution. By January 31, 2018, the Governor
5shall propose the specific budget and statutory changes needed to
6complete the transfer of the duties and responsibilities to the
7Transportation Agency by no later than July 1, 2018.

end insert
begin insert

8
(c) It is the intent of the Legislature to make conforming changes
9to this code and the other codes of this state to effectuate
10subdivision (b) by July 1, 2018.

end insert
begin insert

11
(d) It is the intent of the Legislature to evaluate methods for
12ensuring that rail crossings inspected by the Public Utilities
13Commission and rail transit approved by the Public Utilities
14Commission are in coordination with the Transportation Agency.

end insert
begin insert

15
(9) This act is an urgency statute necessary for the immediate
16preservation of the public peace, health, or safety within the
17meaning of Article IV of the Constitution and shall go into
18immediate effect. The facts constituting the necessity are:

end insert
begin insert

19
In order for the provisions of this act to be applicable as soon
20as possible in the 2017-18 fiscal year and thereby facilitate the
21orderly transition of duties and responsibilities at the earliest
22possible time, it is necessary that this act take effect immediately.

end insert

All matter omitted in this version of the bill appears in the bill as introduced in the Assembly, March 3, 2016. (JR11)



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