BILL NUMBER: SB 693	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hueso

                        FEBRUARY 27, 2015

   An act to amend Section 25205 of the Public Resources Code,
relating to the State Energy Resources Conservation and Development
Commission.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 693, as introduced, Hueso. State Energy Resources Conservation
and Development Commission: qualifications: conflicts of interest.
   Existing law establishes the State Energy Resources Conservation
and Development Commission, commonly known as the Energy Commission.
Existing law prescribes certain qualifications for members of the
Energy Commission, including a prohibition against receiving a
substantial portion of income from specified energy-related entities
in the 2 years preceding appointment to the Energy Commission.
Existing law prohibits members of the Energy Commission from being
employed by an electric utility or applicant or, within 2 years after
the member ceases to be a member of the Energy Commission, a person
who engages in the sale or manufacture of a major component of a
facility. Existing law prohibits a member of the Energy Commission
from holding any other elected or appointed public office or
position, except as specified. Existing law prohibits persons with
specified relationships to a member or employee of the Energy
Commission from appearing in proceedings and other matters in which
the Energy Commission is a party or has a direct and substantial
interest. Existing law prohibits a member or employee of the Energy
Commission from participating personally and substantially as a
member or employee of the Energy Commission in particular matters in
which to his or her knowledge, he or she, his or her spouse, minor
child, or partner, or any organization in which he or she is serving,
or has served, has a direct or indirect financial interest. Existing
law makes the violation of these provisions a felony subject to fine
of not more than $10,000 or imprisonment, or both.
   This bill would increase the maximum fine to $50,000 for a
violation of those provisions.
   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 25205 of the Public Resources Code is amended
to read:
   25205.  (a)  No   A  person shall 
not  be a member of the commission who, during the two years
prior to appointment on the commission, received any substantial
portion of his or her income directly or indirectly from any electric
utility, or who engages in sale or manufacture of any major
component of any facility. A member of the commission shall not be
employed by any electric utility, applicant, or, within two years
after he or she ceases to be a member of the commission, by any
person who engages in the sale or manufacture of any major component
of any facility.
   (b) Except as provided in Section 25202, the members of the
commission shall not hold any other elected or appointed public
office or position.
   (c) The members of the commission and all employees of the
commission shall comply with all applicable provisions of Section
19251 of the Government Code.
   (d) A person who is a member or employee of the commission shall
not participate personally and substantially as a member or employee
of the commission, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise,
in a judicial or other proceeding, hearing, application, request for
a ruling, or other determination, contract, claim, controversy,
study, plan, or other particular matter in which, to his or her
knowledge, he or she, his or her spouse, minor child, or partner, or
any organization, except a governmental agency or educational or
research institution qualifying as a nonprofit organization under
state or federal income tax law, in which he or she is serving, or
has served as officer, director, trustee, partner, or employee while
serving as a member or employee of the commission or within two years
prior to his or her appointment as a member of the commission, has a
direct or indirect financial interest.
   (e) A person who is a partner, employer, or employee of a member
or employee of the commission shall not act as an attorney, agent, or
employee for any person other than the state in connection with any
judicial or other proceeding, hearing, application, request for a
ruling, or other determination, contract, claim, controversy, study,
plan, or other particular matter in which the commission is a party
or has a direct and substantial interest.
   (f) The provisions of this section shall not apply if the Attorney
General finds that the interest of the member or employee of the
commission is not so substantial as to be deemed likely to affect the
integrity of the services  which   that 
the state may expect from the member or employee.
   (g) Any person who violates any provision of this section is
guilty of a felony and shall be subject to a fine of not more than
 ten   fifty  thousand dollars 
($10,000)   ($50,000)  or imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code, or both that fine
and imprisonment.
   (h) The amendment of subdivision (d) of this section enacted by
the 1975-76 Regular Session of the Legislature does not constitute a
change in, but is declaratory of, existing law.