BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 660


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          SENATE THIRD READING


          SB  
          660 (Leno and Hueso)


          As Amended  September 4, 2015


          Majority vote


          SENATE VOTE:  29-7


           -------------------------------------------------------------------- 
          |Committee       |Votes|Ayes                   |Noes                 |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Utilities       |15-0 |Rendon, Patterson,     |                     |
          |                |     |Achadjian, Bonilla,    |                     |
          |                |     |Burke, Dahle, Eggman,  |                     |
          |                |     |Cristina Garcia,       |                     |
          |                |     |Hadley,                |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |Roger Hernández,       |                     |
          |                |     |Obernolte, Quirk,      |                     |
          |                |     |Santiago, Ting,        |                     |
          |                |     |Williams               |                     |
          |                |     |                       |                     |
          |----------------+-----+-----------------------+---------------------|
          |Appropriations  |17-0 |Gomez, Bigelow, Bloom, |                     |
          |                |     |Bonta, Calderon,       |                     |
          |                |     |Chang, Nazarian,       |                     |
          |                |     |Eggman, Gallagher,     |                     |








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          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |Eduardo Garcia,        |                     |
          |                |     |Holden, Jones, Quirk,  |                     |
          |                |     |Rendon, Wagner, Weber, |                     |
          |                |     |Wood                   |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
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          SUMMARY:  Proposes reforms to the governance and operations of  
          the California Public Utilities Commission (CPUC).   
          Specifically, this bill:


          1)Requires the CPUC to appoint a Chief Administrative Law Judge  
            (ALJ) to be responsible for executive and administrative  
            management and oversight of the Administrative Law Division.   
            Authorizes the CPUC to delegate management and oversight  
            functions to committees of two commissioners.


          2)Requires the Chief ALJ, rather than the CPUC President, to  
            keep a true and full record of all Commission proceedings.


          3)Requires the CPUC to adopt procedures for the disqualification  
            of commissioners due to bias or prejudice.  Requires a  
            commissioner or ALJ to be disqualified from ratesetting or  
            adjudicatory proceedings for bias or prejudice based on  
            specified criteria.


          4)Authorizes the CPUC to delegate management and oversight  
            functions to committees of two commissioners, and requires the  
            full Commission to vote in an open meeting when assigning  
            commissioners to a new proceeding.









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          5) Modifies and expands ex parte communication rules and  
            prohibitions.


          6)Authorizes the CPUC to impose civil penalties on anyone who  
            violates ex parte provisions.  Authorizes the Attorney General  
            to bring enforcement actions on CPUC decisionmakers and  
            employees in the San Francisco Superior Court.


          7)Makes other technical and clarifying changes to address  
            chaptering out conflicts.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill would have increased CPUC costs of an  
          estimated $900,000, including $430,000 limited-term and $470,000  
          ongoing costs, to implement and enforce the provisions of the  
          bill and hold additional public meetings, as necessary.


          COMMENTS:


          1)Author's Statement:  "[The] release of emails related to the  
            San Bruno disaster and the San Onofre nuclear plant closing  
            has revealed serious flaws in the management structure and  
            operations of the [CPUC].  These emails have amply  
            demonstrated that the relationships between the Commission and  
            its regulated utilities are too close, and too informal, to  
            inspire confidence that rate payers and non-utility interests  
            are adequately represented by the Commission? In this  
            high-powered, high-stakes environment, we must protect the  
            impartiality of the Commission, not only in adherence to basic  
            fairness, but also to ensure public confidence in CPUC  
            decisions.  What we face today is an erosion of public trust  
            in the institution Californians rely upon to protect life  
            safety and to keep utility monopolies in check.  SB 660 will  








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            crack down on abuses of power, biased decisions, and secret  
            communications; and bring new ethical standards and meaningful  
            change to the CPUC."


          2)Background:  California Constitution Article XII establishes  
            the CPUC and grants it the authority to regulate public  
            utilities.  The CPUC is governed by five full-time  
            commissioners appointed by the Governor and confirmed by the  
            State Senate.  Commissioners are appointed for six-year terms  
            and can only be removed by the Legislature.  Beginning in  
            2014, Pacific Gas & Electric began releasing over 65,000  
            emails from a five-year period between utility executives and  
            CPUC officials.  The emails revealed discussions on subjects  
            the CPUC was deliberating within a number of proceedings, many  
            of which arguably violated CPUC's rules governing ex parte  
            communications, including emails pertaining to the selection  
            of ALJs for ratesetting cases.   


             This bill proposes a suite of reforms on the governance and  
            operations of the CPUC, including the delegation of oversight  
            functions to commissioners and the Chief ALJ, as specified.   
            In addition, this bill would require the CPUC to adopt  
            procedures for the disqualification of commissioners due to  
            bias or prejudice, as specified.


          3)Ex Parte Communications:  Ex parte communication is defined  
            under the Public Utilities Code as "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, that does not occur in  
            a public hearing, workshop, or other public proceeding, or on  
            the official record of the proceeding on the matter."  The  
            purpose of ex parte communications is to ensure fairness and  
            transparency in a decision-making process by preventing one  
            party from gaining an unfair advantage.  For regulatory  
            agencies, ex parte communications are necessary to maintain  








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            the integrity of the decision-making process and the public's  
            perception of fairness.  This bill modifies and expands ex  
            parte communication rules and prohibitions, and specifies  
            penalties for violations.  




           Analysis Prepared by:                                             
                          Edmond Cheung / U. & C. / (916) 319-2083  FN:  
          0002167