Amended in Senate March 29, 2016

Senate Bill No. 1035

Introduced by Senator Hueso

February 12, 2016

An act to amend Sections begin delete 910.4 and 910.5 of end delete begin insert 5387, 5417.5, and 5436 of, and to add Sections 5431.3, 5436.3, 5445, 5446, and 5447 to, end insert the Public Utilities Code, begin insert and to amend Section 14602.9 of the Vehicle Code, end insert relating to begin delete the Public Utilities Commission. end delete begin insert transportation. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1035, as amended, Hueso. begin delete Public Utilities Commission: reports. end delete begin insert Transportation network companies. end insert

begin insert

(1) The Passenger Charter-party Carriers’ Act, with certain exceptions, prohibits a charter-party carrier of passengers from engaging in transportation services subject to regulation by the Public Utilities Commission without obtaining a specified certificate or permit, as appropriate, from the commission and imposes various other requirements. The act defines a transportation network company as an organization, whether a corporation, partnership, sole proprietor, or other form, operating in California that provides prearranged transportation services for compensation using an online-enabled platform to connect passengers with drivers using their personal vehicles. A transportation network company is subject to regulation by the Public Utilities Commission, which requires, among other things, a criminal background check of each participating driver. A transportation network company is also required to have a specified certificate or permit, as appropriate, from the commission, and is subject to various other requirements. A violation of the act is generally a misdemeanor.

end insert begin insert

This bill would authorize the commission to fix the rates and establish rules for transportation network companies, prohibit discrimination, and award reparation for the exaction of unreasonable, excessive, or discriminatory charges by a transportation network company.

end insert begin insert

This bill would require the commission, in consultation with the Department of the California Highway Patrol and with the United States Department of Justice and local law enforcement agencies if they choose to participate, to study specified background check measures and to adopt a background check measure as a condition to participate as a driver of a transportation network company if it determines that the measure would enhance public safety.

end insert begin insert

Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.

end insert begin insert

(2) Existing law imposes specified requirements for liability insurance coverage on transportation network companies and their participating drivers. Existing law requires the commission and the Department of Insurance to collaborate on a study of transportation network company insurance, as specified, and to report the findings of the study to the Legislature no later than December 31, 2017.

end insert begin insert

This bill would require the study to contain additional information regarding transportation network company insurance. The bill would also require the commission to study accessability issues for disabled populations with regard to transportation network companies and to report the findings of the study to the Legislature no later than December 31, 2017.

end insert begin insert

(3) Existing law authorizes the commission to inspect the accounts, books, papers, and documents of a charter-party carrier of passengers.

end insert begin insert

This bill would authorize the commission to collect any necessary data from a transportation network company. The bill would also require the commission to commence a proceeding to determine how data collected from a transportation network company can best be shared with local planning agencies and other local governments for purposes of transportation and environmental planning.

end insert begin insert

(4) Existing law authorizes peace officers to enforce and assist in the enforcement of specified criminal violations of the Passenger Charter-party Carriers’ Act with respect to charter-party carriers of passengers. Existing law requires the commission to coordinate enforcement of the act with peace officers through educational outreach and establishing lines of communication so that the commission is notified if an action is commenced so that the commission may take appropriate action to enforce the fine and penalty provisions of the act.

end insert begin insert

This bill would authorize peace officers to enforce and assist in the enforcement of specified criminal violations of the Passenger Charter-party Carriers’ Act and rules adopted by the commission with respect to transportation network companies.

end insert begin insert

(5) The Passenger Charter-party Carriers’ Act authorizes a peace officer to impound a bus or limousine of a charter-party carrier of passengers for 30 days if the officer determines that (A) the driver was operating the bus or limousine when the carrier did not have a permit or certificate issued by the commission or the carrier’s permit or certificate was suspended, or (B) the driver was operating the bus or limousine without having a current and valid driver’s license of the proper class, a passenger vehicle endorsement, or the required certificate. A provision of the Vehicle Code also authorizes a peace officer to impound a bus or limousine of a charter-party carrier of passengers for 30 days if the officer makes any of the determinations described above. Existing law provides that both of these provisions do not authorize the impoundment of privately owned personal vehicles that are not common carriers nor the impoundment of vehicles used in transportation for compensation by charter-party carriers that are not required to carry individual permits.

end insert begin insert

This bill would authorize a peace officer to impound any vehicle of a charter-party carrier of passengers for 30 days in those circumstances and would delete the limitation on the impoundment of the above described vehicles. The bill would revise the Vehicle Code provision in the same manner.

end insert begin insert

(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

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.

end delete begin delete

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.

end delete begin delete

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

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 5387 of the end insert begin insert Public Utilities Code end insert begin insert is
amended to read: end insert

5387.  

(a) It is unlawful for the owner of a charter-party carrier
of passengers to permit the operation of a vehicle upon a public
highway for compensation without (1) having obtained from the
commission a certificate or permit pursuant to this chapter, (2)
having complied with the vehicle identification requirements of
Section 5385, and (3) having complied with the accident liability
protection requirements of Section 5391.

(b) A person who drives a bus for a charter-party carrier without
having a current and valid driver’s license of the proper class, a
passenger vehicle endorsement, or the required certificate shall be
suspended from driving a bus of any kind, including, but not
limited to, a bus, schoolbus, school pupil activity bus, or transit
bus, with passengers for a period of five years pursuant to Section
13369 of the Vehicle Code.

(c) (1) A charter-party carrier shall have its authority to operate
as a charter-party carrier permanently revoked by the commission
or be permanently barred from receiving a permit or certificate
from the commission if it commits any of the following acts:

(A) Operates a bus without having been issued a permit or
certificate from the commission.

(B) Operates a bus with a permit that was suspended by the
commission pursuant to Section 5378.5.

(C) Commits three or more liability insurance violations within
a two-year period for which it has been cited.

(D) Operates a bus with a permit that was suspended by the
commission during a period that the charter-party carrier’s liability
insurance lapsed for which it has been cited.

(E) Knowingly employs a busdriver who does not have a current
and valid driver’s license of the proper class, a passenger vehicle
endorsement, or the required certificate to drive a bus.

(F) Has one or more buses improperly registered with the
Department of Motor Vehicles.

(2) The commission shall not issue a new permit or certificate
to operate as a charter-party carrier if any officer, director, or owner
of that charter-party carrier was an officer, director, or owner of
a charter-party carrier that had its authority to operate as a
charter-party carrier permanently revoked by the commission or
that was permanently barred from receiving a permit or certificate
from the commission pursuant to this subdivision.

(d) A peace officer, as designated pursuant to Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, may impound a begin delete bus or limousine end delete begin insert vehicle end insert of a charter-party
carrier of passengers for 30 days pursuant to Section 14602.9 of
the Vehicle Code if the peace officer determines that any of the
following violations occurred while the driver was operating the
begin delete bus or limousine end delete begin insert vehicle end insert of the charter-party carrier:

(1) The driver was operating the begin delete bus or limousine end delete begin insert vehicle end insert of a
charter-party carrier of passengers when the charter-party carrier
of passengers did not have a permit or certificate issued by the
commission.

(2) The driver was operating the begin delete bus or limousine end delete begin insert vehicle end insert of a
charter-party carrier of passengers when the charter-party carrier
of passengers was operating with a suspended permit or certificate
from the commission.

(3) The driver was operating the begin delete bus or limousine end delete begin insert vehicle end insert of a
charter-party carrier of passengers without having a current and
valid driver’s license of the proper class, a passenger vehicle
endorsement, or the required certificate.

begin delete

(e) This section does not authorize the impoundment of privately
owned personal vehicles that are not common carriers nor the
impoundment of vehicles used in transportation for compensation
by charter-party carriers of passengers that are not required to carry
individual permits.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 5417.5 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

5417.5.  

(a) The commission shall ensure that this chapter is
enforced and obeyed, and that violations thereof are promptly
prosecuted and that penalty moneys due to the state are recovered
and collected, and to this end it may sue in the name of the people
of the State of California. Upon the request of the commission,
the Attorney General or the district attorney of the proper county
or city and county may aid in any investigation, hearing, or trial
under this chapter. The Attorney General, a district attorney of the
proper county or city and county, or a city attorney may institute
and prosecute actions or proceedings for the violation of any law
committed in connection with, or arising from, a transaction
involving a charter-party carrier of passengers.

(b) For purposes of this section, “peace officer” means a person
designated as a peace officer pursuant to Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code.

(c) A peace officer may enforce and assist in the enforcement
of Sections 5411 and 5412 resulting from a violation of Section
5371, 5379, 5385, 5385.7, begin delete or 5387, end delete begin insert 5387, or 5442 end insert or more than
one of those sections. A peace officer may additionally enforce
and assist in the enforcement of Sections 5411.3 and 5414.5. begin insert A
peace officer may additionally enforce and assist in the
enforcement of the rules for transportation network companies
adopted by the commission end insert begin insert . end insert In any case in which an arrest
authorized by this subdivision is made for an offense declared to
be a misdemeanor, and the person arrested does not demand to be
taken before a magistrate, the arresting peace officer may, instead
of taking such person before a magistrate, follow the procedure
prescribed by Chapter 5C (commencing with Section 853.5) of
Title 3 of Part 2 of the Penal Code. The provisions of that chapter
shall thereafter apply with reference to any proceeding based upon
the issuance of a citation pursuant to this authority.

(d) The commission shall coordinate enforcement of this section
with those peace officers likely to be involved in enforcing this
section, including undertaking both of the following:

(1) Educational outreach to promote awareness among those
peace officers about the requirements of Sections 5371, 5379,
5385, 5385.7, 5387, 5411, 5411.3, 5412, begin delete and 5414.5. end delete begin insert 5414.5, 5442,
and the rules for transportation network companies adopted by
the commission end insert begin insert . end insert

(2) Establishing lines of communication so that the commission
is notified if an action is commenced to enforce the requirements
of those sections specified in subdivision (c), so that the
commission may take appropriate action to enforce the fine and
penalty provisions of this article.

(e) The Attorney General, a district attorney of the proper county
or city and county, or a city attorney may institute and prosecute
actions or proceedings for the violation of any law committed in
connection with, or arising from, a transaction involving the
transportation of passengers by a charter-party carrier of
passengers.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 5431.3 is added to the end insert begin insert Public Utilities Code end insert begin insert ,
to read: end insert

begin insert

begin insert 5431.3. end insert   

The commission may fix the rates and establish rules
for transportation network companies, prohibit discrimination,
and award reparation for the exaction of unreasonable, excessive,
or discriminatory charges by a transportation network company.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 5436 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

5436.  

The commission and the Department of Insurance shall
collaborate on a study of transportation network company insurance
to assess whether coverage requirements are appropriate to the
risk of transportation network company services in order to
promote data-driven decisions on insurance requirements, and
shall report the findings of this study to the Legislature no later
than December 31, 2017. begin insert The study shall also include information
regarding insurance products available to satisfy the requirements
of this article, the level of subscription for insurance required
pursuant to this article among participating drivers and
transportation network companies, and the number of claims filed
with insurers for accidents involving participating drivers,
including the number disputed claims. end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 5436.3 is added to the end insert begin insert Public Utilities Code end insert begin insert ,
to read: end insert

begin insert

begin insert 5436.3. end insert   

(a) The commission shall study accessibility issues
for disabled populations with regard to transportation network
companies.

(b) The commission shall report the findings of this study to the
Legislature no later than December 31, 2017.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 5445 is added to the end insert begin insert Public Utilities Code end insert begin insert , to
read: end insert

begin insert

begin insert 5445. end insert   

(a) The commission, in consultation with the Department
of the California Highway Patrol and with the United States
Department of Justice and local law enforcement agencies if they
choose to participate, shall study background check measures
described in subdivision (b) to determine whether requiring the
fulfillment of any of the measures as a condition to participate as
a driver of a transportation network company would enhance
public safety by capturing records of any criminal offense,
including any sexual offense, or any act of fraud.

(b) The commission shall study all of the following background
check measures:

(1) The United States Department of Justice background check.

(2) Using biometric data.

(3) Background check measures that search the name of a
potential driver in commercially available databases.

(c) If the commission determines that the fulfillment of any of
the background check measures described in subdivision (b) would
enhance public safety, the commission shall adopt that measure
as a condition to participate as a driver of a transportation network
company.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 5446 is added to the end insert begin insert Public Utilities Code end insert begin insert , to
read: end insert

begin insert

begin insert 5446. end insert   

(a) The commission may collect any necessary data
from a transportation network company.

(b) The commission shall commence a proceeding to determine
how data collected from a transportation network company can
best be shared with local planning agencies and other local
governments for purposes of transportation and environmental
planning.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 5447 is added to the end insert begin insert Public Utilities Code end insert begin insert , to
read: end insert

begin insert

begin insert 5447. end insert   

In order to facilitate enforcement by peace officers
pursuant to Section 5417.5, the commission shall adopt a general
order containing its rules for transportation network companies.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 14602.9 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

14602.9.  

(a) For purposes of this section, “peace officer” means
a person designated as a peace officer pursuant to Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.

(b) A peace officer may impound a begin delete bus or limousine end delete begin insert vehicle end insert of
a charter-party carrier for 30 days if the officer determines that
any of the following violations occurred while the driver was
operating the begin delete bus or limousine end delete begin insert vehicle end insert of the charter-party carrier:

(1) The driver was operating the begin delete bus or limousine end delete begin insert vehicle end insert of a
charter-party carrier when the charter-party carrier did not have a
permit or certificate issued by the Public Utilities Commission,
pursuant to Section 5375 of the Public Utilities Code.

(2) The driver was operating the begin delete bus or limousine end delete begin insert vehicle end insert of a
charter-party carrier when the charter-party carrier was operating
with a suspended permit or certificate from the Public Utilities
Commission.

(3) The driver was operating the begin delete bus or limousine end delete begin insert vehicle end insert of a
charter-party carrier without having a current and valid driver’s
license of the proper class, a passenger vehicle endorsement, or
the required certificate.

(c) A peace officer may impound a bus or limousine belonging
to a passenger stage corporation for 30 days if the officer
determines any of the following violations occurred while the
driver was operating the bus or limousine:

(1) The driver was operating the bus or limousine when the
passenger stage corporation did not have a certificate of public
convenience and necessity issued by the Public Utilities
Commission as required pursuant to Article 2 (commencing with
Section 1031) of Chapter 5 of Part 1 of Division 1 of the Public
Utilities Code.

(2) The driver was operating the bus or limousine when the
operating rights or certificate of public convenience and necessity
of a passenger stage corporation was suspended, canceled, or
revoked pursuant to Section 1033.5, 1033.7, or 1045 of the Public
Utilities Code.

(3) The driver was operating the bus or limousine without having
a current and valid driver’s license of the proper class.

(d) Within two working days after impoundment, the
impounding agency shall send a notice by certified mail, return
receipt requested, to the legal owner of the vehicle, at the address
obtained from the department, informing the owner that the vehicle
has been impounded. Failure to notify the legal owner within two
working days shall prohibit the impounding agency from charging
for more than 15 day’s impoundment when the legal owner
redeems the impounded vehicle. The impounding agency shall
maintain a published telephone number that provides information
24 hours a day regarding the impoundment of vehicles and the
rights of a registered owner to request a hearing.

(e) The registered and legal owner of a vehicle that is removed
and seized under subdivision (b) or (c) or his or her agent shall be
provided the opportunity for a storage hearing to determine the
validity of, or consider any mitigating circumstances attendant to,
the storage, in accordance with Section 22852.

(f) (1) The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period under any of the following circumstances:

(A) When the vehicle is a stolen vehicle.

(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a
parking service or repair garage.

(C) When, for a charter-party carrier of passengers, the driver
of the vehicle is not the sole registered owner of the vehicle and
the vehicle is being released to another registered owner of the
vehicle who agrees not to allow the driver to use the vehicle until
after the end of the impoundment period and the charter-party
carrier has been issued a valid permit from the Public Utilities
Commission, pursuant to Section 5375 of the Public Utilities Code.

(D) When, for a passenger stage corporation, the driver of the
vehicle is not the sole registered owner of the vehicle and the
vehicle is being released to another registered owner of the vehicle
who agrees not to allow the driver to use the vehicle until after the
end of the impoundment period and the passenger stage corporation
has been issued a valid certificate of public convenience and
necessity by the Public Utilities Commission, pursuant to Article
2 (commencing with Section 1031) of Chapter 5 of Part 1 of
Division 1 of the Public Utilities Code.

(2) A vehicle shall not be released pursuant to this subdivision
without presentation of the registered owner’s or agent’s currently
valid driver’s license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.

(g) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and
any administrative charges authorized under Section 22850.5.

(h) A vehicle removed and seized under subdivision (b) or (c)
shall be released to the legal owner of the vehicle or the legal
owner’s agent prior to the end of the impoundment period if all of
the following conditions are met:

(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person who is not the
registered owner and holds a security interest in the vehicle.

(2) The legal owner or the legal owner’s agent pays all towing
and storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 10th day of impoundment. The impounding
authority or any person having possession of the vehicle shall not
collect from the legal owner of the type specified in paragraph (1),
or the legal owner’s agent, any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.

(3) (A) The legal owner or the legal owner’s agent presents
either lawful foreclosure documents or an affidavit of repossession
for the vehicle, and a security agreement or title showing proof of
legal ownership for the vehicle. All presented documents may be
originals, photocopies, or facsimile copies, or may be transmitted
electronically. The impounding agency shall not require a
document to be notarized. The impounding agency may require
the agent of the legal owner to produce a photocopy or facsimile
copy of its repossession agency license or registration issued
pursuant to Chapter 11 (commencing with Section 7500) of
Division 3 of the Business and Professions Code, or to demonstrate,
to the satisfaction of the impounding agency, that the agent is
exempt from licensure pursuant to Section 7500.2 or 7500.3 of the
Business and Professions Code.

(B) Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the
legal owner voluntarily requests a poststorage hearing. A city,
county, or state agency shall not require a legal owner or a legal
owner’s agent to request a poststorage hearing as a requirement
for release of the vehicle to the legal owner or the legal owner’s
agent. The impounding agency shall not require any documents
other than those specified in this paragraph. The impounding
agency shall not require any documents to be notarized.

(C) As used in this paragraph, “foreclosure documents” means
an “assignment” as that term is defined in subdivision (b) of
Section 7500.1 of the Business and Professions Code.

(i) (1) A legal owner or the legal owner’s agent who obtains
release of the vehicle pursuant to subdivision (h) may not release
the vehicle to the registered owner of the vehicle or any agents of
the registered owner, unless the registered owner is a rental car
agency, until after the termination of the impoundment period.

(2) The legal owner or the legal owner’s agent shall not
relinquish the vehicle to the registered owner until the registered
owner or that owner’s agent presents his or her valid driver’s
license or valid temporary driver’s license to the legal owner or
the legal owner’s agent. The legal owner or the legal owner’s agent
shall make every reasonable effort to ensure that the license
presented is valid.

(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges
authorized under Section 22850.5 that were incurred by the legal
owner in connection with obtaining custody of the vehicle.

(j) (1) A vehicle removed and seized under subdivision (b) or
(c) shall be released to a rental agency prior to the end of the
impoundment period if the agency is either the legal owner or
registered owner of the vehicle and the agency pays all towing and
storage fees related to the seizure of the vehicle.

(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental agency shall not rent another vehicle
to the driver of the vehicle that was seized until the impoundment
period has expired.

(3) The rental agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related
to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the rental agency in
connection with obtaining custody of the vehicle.

(k) Notwithstanding any other provision of this section, the
registered owner, and not the legal owner, shall remain responsible
for any towing and storage charges related to the impoundment,
any administrative charges authorized under Section 22850.5, and
any parking fines, penalties, and administrative fees incurred by
the registered owner.

(l) The impounding agency is not liable to the registered owner
for the improper release of the vehicle to the legal owner or the
legal owner’s agent provided the release complies with this section.

begin delete

(m) This section does not authorize the impoundment of
privately owned personal vehicles that are not common carriers
nor the impoundment of vehicles used in transportation for
compensation by charter-party carriers that are not required to
carry individual permits.

end delete begin delete

(n)

end delete

begin insert (m) end insert  For the purposes of this section, a “charter-party carrier”
means a charter-party carrier of passengers as defined by Section
5360 of the Public Utilities Code.

begin delete

(o)

end delete

begin insert (n) end insert  For purposes of this section, a “passenger stage corporation”
means a passenger stage corporation as defined by Section 226 of
the Public Utilities Code.

begin insert

begin insert SEC. 10. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

SECTION 1.  

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

910.4.  

By February 1 of each year, the commission shall 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, both
in the two prior fiscal years and for the proposed fiscal year,
including any costs to ratepayers, related to both of the following:

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

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

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

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

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

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

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

(1) Section 379.6.

(2) Section 399.8.

(3) Section 739.1.

(4) Section 2790.

(5) Section 2851.

SEC. 2.  

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

910.5.  

(a) By February 1 of each year, the commission shall
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, both
in the two prior fiscal years and for the proposed fiscal year,
including any costs to ratepayers, related to interactions by the
commission, its officers, or its staff with the California Public
Utilities Commission Foundation, or any derivative, or successor,
or with any agent or director of the foundation, including all of
the following:

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

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

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

(4) Endorsements of the foundation or its activities.

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

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

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

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