BILL ANALYSIS Ó SB 1017 Page 1 Date of Hearing: August 10, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 1017 (Hill) - As Amended August 1, 2018 ----------------------------------------------------------------- |Policy |Utilities and Commerce |Vote:|9 - 5 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill modifies statutes that limit public access to utility supplied documents at the California Public Utilities Commission (PUC). Specifically, this bill: 1)Requires the PUC to develop rules consistent with the California Public Records Act (PRA) for the expeditious disclosure, of information related to all of the following: a) Public health and safety emergencies; SB 1017 Page 2 b) Public, employee, and contractor safety; and c) Environmental degradation caused by loss of operational control by a public utility. 2)Exempts specified personal employee information and information for which the public interest would best be served by nondisclosure from the PUC rule requirement. 3)Specifies that documents prohibited from public release by state or federal law may not be released by the PUC. 4)Modifies the conditions under which a present or former officer or employee is guilty of a misdemeanor for providing prohibited documents to the public for specified purposes. 5)Specifies it is not a crime to release prohibited documents to the Bureau of State Audits or to another state agency under a confidentiality agreement. FISCAL EFFECT: Any additional costs are absorbable. COMMENTS: 1)Purpose. According to the author, an antiquated law put in place before the PRA makes it very difficult for the public to get public records from the PUC. The author notes existing law SB 1017 Page 3 requires the full Commission to vote to release documents that have been designated by a utility as confidential. According to the author, while there is no penalty for a utility to designate clearly public information as confidential, PUC staff is subject to a misdemeanor for release of this information regardless of whether the utility's claim of confidentiality has any validity. This bill requires the PUC to establish public records policies consistent with the PRA. 2)Background. The California Constitution and the PRA require that most government records be available to the public and, as such, allow agencies, including the CPUC, wide latitude to establish policies for public access to their records. However, unique among other agencies, the PUC is also governed by statute which states that no information furnished to the PUC by a public utility except those matters specifically required to be open to public inspection by this part, shall be open to public inspection or made public except on order of the PUC, or by the PUC or a Commissioner in the course of a hearing or proceeding. Any present or former officer or employee of the PUC who divulges any such information is guilty of a misdemeanor. As a result, the PUC rules provide that regulated entities can stamp their documents and information as confidential (which they routinely do) and place the burden on the PUC to determine whether the claims of confidentiality are justified. According to the PUC, utilities have claimed confidentiality SB 1017 Page 4 on records including information filed publicly with other agencies, a customer service manual that is distributed to customers, newspaper advertisements, and hearing exhibits that are contained in public testimony. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081