BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1017  


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          Date of Hearing:  August 10, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1017  
          (Hill) - As Amended August 1, 2018


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          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;









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             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  








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            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  








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            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