Senate BillNo. 1035


Introduced by Senator Hueso

February 12, 2016


An act to amend Sections 910.4 and 910.5 of the Public Utilities Code, relating to the Public Utilities Commission.

LEGISLATIVE COUNSEL’S DIGEST

SB 1035, as introduced, Hueso. Public Utilities Commission: reports.

The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. The California Constitution grants the commission certain general powers over all public utilities, subject to control by the Legislature, and authorizes the Legislature to confer additional authority and jurisdiction upon the commission that is cognate and germane to the regulation of public utilities.

Existing law requires the commission, by January 10 of each year, to report to the Joint Legislative Budget Committee and appropriate fiscal and policy committees of the Legislature on all sources and amounts of funding and actual and proposed expenditures related to specified entities or programs established by the commission and related to interactions by the commission, its officers, or its staff with the California Public Utilities Commission Foundation.

This bill would instead require that the commission report the above-described information by February 1 of each year.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Section 910.4 of the Public Utilities Code is
2amended to read:

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910.4.  

Bybegin delete January 10end deletebegin insert February 1end insert of each year, the commission
4shall report to the Joint Legislative Budget Committee and
5appropriate fiscal and policy committees of the Legislature, on all
6sources and amounts of funding and actual and proposed
7expenditures, both in the two prior fiscal years and for the proposed
8fiscal year, including any costs to ratepayers, related to both of the
9following:

10(a) Entities or programs established by the commission by order,
11decision, motion, settlement, or other action, including, but not
12limited to, the California Clean Energy Fund, the California
13Emerging Technology Fund, and the Pacific Forest and Watershed
14Lands Stewardship Council. The report shall contain descriptions
15of relevant issues, including, but not limited to, all of the following:

16(1) Any governance structure established for an entity or
17program.

18(2) Any staff or employees hired by or for the entity or program
19and their salaries and expenses.

20(3) Any staff or employees transferred or loaned internally or
21interdepartmentally for the entity or program and their salaries and
22expenses.

23(4) Any contracts entered into by the entity or program, the
24funding sources for those contracts, and the legislative authority
25under which the commission entered into the contract.

26(5) The public process and oversight governing the entity or
27program’s activities.

28(b) Entities or programs established by the commission, other
29than those expressly authorized by statute, under the following
30sections:

31(1) Section 379.6.

32(2) Section 399.8.

33(3) Section 739.1.

34(4) Section 2790.

35(5) Section 2851.

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SEC. 2.  

Section 910.5 of the Public Utilities Code is amended
37to read:

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910.5.  

(a) Bybegin delete January 10end deletebegin insert February 1end insert of each year, the
2commission shall report to the Joint Legislative Budget Committee
3and appropriate fiscal and policy committees of the Legislature,
4on all sources and amounts of funding and actual and proposed
5expenditures, both in the two prior fiscal years and for the proposed
6fiscal year, including any costs to ratepayers, related to interactions
7by the commission, its officers, or its staff with the California
8Public Utilities Commission Foundation, or any derivative, or
9successor, or with any agent or director of the foundation, including
10all of the following:

11(1) Attendance at meetings, conferences, or events organized
12or sponsored by the foundation.

13(2) Any contract or other agreement between the commission,
14its officers, or its staff and the foundation, including agreements
15relating to attendance at any educational or training conference or
16event.

17(3) Any agenda item, order, decision, resolution, or motion,
18referencing the foundation.

19(4) Endorsements of the foundation or its activities.

20(5) Any contribution made to the foundation at the behest of a
21member of the commission, its officers, or its staff, and any direct
22or indirect contribution made to the foundation by a member of
23the commission, its officers, or its staff. For purposes of this
24 paragraph, “contribution” means any payment, a forgiveness of a
25loan, a payment of a loan by a third party, or an enforceable
26promise to make a payment, except to the extent that full and
27adequate consideration is received.

28(b) (1) Within eight weeks of any contribution to the foundation
29made at the behest of a member of the commission, its officers,
30or its staff, the commission shall report the contribution to the Joint
31Legislative Budget Committee and appropriate fiscal and policy
32committees of the Legislature, and include any documents
33pertaining to the contribution.

34(2) Each report shall include certification from the commission
35that the contribution does not violate the Conflict of Interest Code
36and Statement of Incompatible Activities adopted pursuant to
37Section 303.



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