Amended in Assembly August 30, 2016

Amended in Assembly August 19, 2016

Amended in Assembly February 1, 2016

Amended in Senate June 2, 2015

Amended in Senate April 7, 2015

Amended in Senate March 18, 2015

Senate BillNo. 62


Introduced by Senators Hill and Pavley

December 30, 2014


An act to add and repeal Section 309.8 of the Public Utilities Code, relating to the Public Utilities Commission.

LEGISLATIVE COUNSEL’S DIGEST

SB 62, as amended, Hill. Public Utilities Commission: Office of the Safety Advocate.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities and can establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process.

This bill would, until January 1, 2020, establish within the commission the Office of the Safety Advocate to advocate for the continuous, cost-effective improvement of the safety management and safety performance of public utilities. The bill would require the office to promote public utility safety by: (1)begin delete recommending improvements to the commission’s safety management policy and procedures and its safety culture; (2)end delete advocating for risk-informed, cost-effective public utility safety management and infrastructure improvements and for the transparency of safety information;begin insert (2) end insertbegin insertrecommending improvements to the commission’s safety management policy and procedures and its safety culture;end insert and (3) informing the official record on safety-related risks in applicable commission proceedings and assisting the commission in its efforts to hold public utilities accountable for their safe operation.begin delete The bill would authorize the office to compel the production or disclosure of any information it deems necessary to perform its duties from any public utility, any affiliate of a public utility, or specified contractors of a public utility.end delete The bill would require the office to annually provide specified information to the chairpersons of thebegin insert appropriateend insert fiscalbegin insert and policyend insert committees of each house of thebegin delete Legislature and to the Joint Legislative Budget Committee.end deletebegin insert Legislature.end insert

begin delete

Under existing law, a violation of the Public Utilities Act or an order or direction of the commission is a crime.

end delete
begin delete

Because this bill would authorize the office to compel specified entities to produce or disclose certain information, this bill would impose a state-mandated local program by expanding the definition of a crime.

end delete
begin delete

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete
begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P2    1

SECTION 1.  

Section 309.8 is added to the Public Utilities
2Code
, to read:

3

309.8.  

(a) There is hereby established within the commission
4the Office of the Safety Advocate to advocate for the continuous,
5cost-effective improvement of the safety management and safety
6performance of public utilities.

7(b) The office shall promote public utility safety by doing all
8of the following:

begin delete

9(1) Recommending improvements to the commission’s safety
10management policy and procedures and its safety culture.

end delete
begin delete

11(2)

end delete

P3    1begin insert(1)end insert Advocating, as a party to commission proceedings and on
2behalf of the interests of public utility customers, forbegin delete risk-informed,
3cost-effectiveend delete
begin insert effectiveend insert public utility safety management and
4infrastructure improvements and for the transparency of safety
5information, including, but not limited to, information relating to
6past performance.

begin insert

7
(2) Recommending improvements to the commission’s safety
8management policy and procedures and its safety culture.

end insert

9(3) Informing the official record on safety-related risks in
10applicable commission proceedings and assisting the commission
11in its efforts to hold public utilities accountable for their safe
12operation.

begin delete

13(c) The office may compel the production or disclosure of any
14information it deems necessary to perform its duties from any
15public utility, any affiliate of a public utility, or any contractor of
16a public utility undertaking work on behalf of the public utility
17that pertains to the safety of the public utility’s system. An
18objection to a production or disclosure request shall be decided in
19writing by the assigned commissioner or by the president of the
20commission, if there is no assigned commissioner.

end delete
begin delete

21(d)

end delete

22begin insert(c)end insert On or before January 10 of each year, the office shall provide
23to the chairpersons of thebegin insert appropriateend insert fiscalbegin insert and policyend insert committees
24of each house of the Legislaturebegin delete and to the Joint Legislative Budget
25Committeeend delete
all of the following information:

begin delete

26(1) The number of personnel years used by the office during
27the prior fiscal year.

end delete
begin delete

28(2) The moneys expended by the office in the prior fiscal year,
29the estimated moneys to be expended by the office in the current
30fiscal year, and the moneys proposed for appropriation for the
31office in the following budget year.

end delete
begin delete

32(3) Workload standards and measures for the office.

end delete
begin insert

33
(1) The actions taken by the office to recommend improvements
34to the commission’s safety management policy and procedures
35and its safety culture related to the oversight of utilities.

end insert
begin insert

36
(2) The actions taken by the office to recommend improvements
37to public utility safety management policy and procedures and
38safety culture.

end insert
begin insert

39
(3) The proceedings in which the office participated and a brief
40description of the testimony it filed.

end insert
begin delete

P4    1(e)

end delete

2begin insert(d)end insert This section shall remain in effect only until January 1, 2020,
3and as of that date is repealed, unless a later enacted statute, that
4is enacted before January 1, 2020, deletes or extends that date.

begin delete
5

SEC. 2.  

No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.

end delete


O

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