BILL NUMBER: SB 1049 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hill
FEBRUARY 12, 2016
An act to amend Section 316 of the Public Utilities Code, relating
to electricity.
LEGISLATIVE COUNSEL'S DIGEST
SB 1049, as introduced, Hill. Electricity: accident
investigations.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations.
Existing law requires the commission to adopt inspection,
maintenance, repair, and replacement standards for the distribution
systems of electrical corporations in order to provide high quality,
safe, and reliable service. Existing law requires every electrical
corporation to cooperate fully with the commission in an
investigation into any major accident or any reportable incident, as
defined by the commission, concerning overhead electric supply
facilities, regardless of pending litigation or other investigations,
including those that may be related to a commission investigation.
Existing law requires every electrical corporation to provide the
commission, upon its request, immediate access to specified
documents, including any and all documents under the electrical
corporation's control that are related to the incident and are not
subject to attorney-client privilege or attorney work product
doctrine.
This bill would require every electrical corporation to cooperate
fully with the commission in an investigation into any major accident
or any reportable incident concerning any electric supply
facilities, rather than only overhead electric supply facilities. The
bill would require an electrical corporation seeking to protect
commission requested documents related to an accident or reportable
incident from disclosure under the attorney-client privilege or
attorney work product doctrine to bring a motion for protective
order. The bill would establish procedures for making the motion,
deciding the motion, and commission and judicial review of that
decision.
Under existing law, a violation of the Public Utilities Act or any
order, decision, rule, direction, demand, or requirement of the
commission is a crime.
Because the provisions of this bill would be a part of the act and
because a violation of an order or decision of the commission
implementing its requirements would be a crime, the bill would impose
a state-mandated local program by creating a new crime.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 316 of the Public Utilities Code is amended to
read:
316. (a) Each electrical corporation shall cooperate fully with
the commission in an investigation into any major accident or any
reportable incident, as these terms are defined by the commission,
concerning overhead electric supply facilities,
regardless of pending litigation or other investigations, including,
but not limited to, those that may be related to a commission
investigation.
(b) After the scene of the incident has been made safe and service
has been restored, each electrical corporation shall provide the
commission, upon its request, immediate access to all of the
following:
(1) Any factual or physical evidence under the electrical
corporation's, or its agent's, physical control, custody, or
possession related to the incident.
(2) The name and contact information of any known percipient
witness.
(3) Any employee percipient witness under the electrical
corporation's control.
(4) The name and contact information of any person or entity that
has taken possession of any physical evidence removed from the site
of the incident.
(5) Any and all documents under the electrical corporation's
control that are related to the incident and are not subject to
attorney-client privilege or attorney work product doctrine.
(c) In order to prevent disclosure of documents requested by the
commission pursuant to paragraph (5) of subdivision (b) under the
attorney-client privilege or attorney work product doctrine, an
electrical corporation shall bring a motion for protective order for
a declaration that the documents not be produced. A motion for
protective order shall be made promptly, within 10 working days of a
request for production of documents, or shall be denied as untimely.
If a proceeding investigating the accident or reportable incident has
been opened and an administrative law judge has been assigned for
the proceeding, the motion for protective order shall be filed with
the assigned administrative law judge. If no proceeding has been
opened or no administrative law judge has been assigned to the
proceeding, the motion for protective order shall be filed with the
chief administrative law judge of the commission. The chief
administrative law judge or assigned administrative law judge shall
hear and decide the motion for protective order promptly, within 10
working days of the filing of the motion. Notwithstanding Section
1731, if the motion for protective order is denied, or denied in
part, the electrical corporation may seek a writ of review without
having brought a motion for reconsideration. Notwithstanding the
30-day time period of subdivision (a) of Section 1756, any writ of
review shall be brought promptly, within 10 working days of service
of the order denying, or denying in part, the motion for protective
order, or it shall be denied as untimely. If the chief administrative
law judge or assigned administrative law judge grants the motion for
protective order, in whole or in part, the division of the
commission responsible for investigating the accident or reportable
incident shall either amend its request for documents to exclude
those documents that are protected from disclosure or shall seek a
rehearing before the full commission pursuant to Article 2
(commencing with Section 1731) of Chapter 9. The commission may
shorten the time for hearing of the motion for rehearing pursuant to
this paragraph. An electrical corporation may, pursuant to Section
1756, seek a writ of review from the order of the commission on the
motion for rehearing, except that the writ shall be brought within 10
working days of the date of the order, or shall be denied as
untimely.
(c)
(d) Each electrical corporation shall preserve any and
all documents or evidence it collects as part of its own
investigation related to the incident for at least five years or a
shorter period of time as authorized by the commission.
(d)
(e) Any and all documents collected by an electrical
corporation pursuant to this section shall be catalogued and
preserved in an accessible manner for assessment by commission
investigators as determined by the commission.
SEC. 2. 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.