BILL NUMBER: SB 1049 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 15, 2016
AMENDED IN SENATE MAY 27, 2016
AMENDED IN SENATE APRIL 11, 2016
INTRODUCED BY Senator Hill
FEBRUARY 12, 2016
An act to amend Section 316 of the Public Utilities Code,
relating to energy public utilities. An act to add
Section 326 to the Public Utilities Code, relating to the Public
Utilities Commission.
LEGISLATIVE COUNSEL'S DIGEST
SB 1049, as amended, Hill. Electrical corporations and
gas corporations: accident investigations. Public
Utilities Commission: close call reporting program.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities. The California Constitution
authorizes the commission to establish rules for all public
utilities, subject to control by the Legislature.
This bill would require the commission to establish procedures and
processes to implement a confidential, nonpunitive, and independent
close call reporting program for purposes of facilitating the
identification of accident precursors by persons familiar with public
utility operations and of collecting, analyzing, and disseminating
unbiased safety information. The bill would authorize any person to
voluntarily submit through the program a confidential close call
report that both involves a public utility and relates to public,
employee, or contractor safety.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations
and gas corporations. The Natural Gas Pipeline Safety Act of 2011
requires each gas corporation to develop a plan, as specified, for
the safe and reliable operation of its commission-regulated gas
pipeline facility, as defined. 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, after the scene of the incident has been made safe and
service has been restored, to provide the commission, upon its
request, immediate access to specified evidence, information, and
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 make the above-described requirements that are currently
applicable to an electrical corporation additionally applicable to
gas corporations, but would permit all of these corporations to
postpone commission access to the specified evidence, information,
and documents until after service restoration only in the case of a
major outage. The bill would provide that facts, information, or
documents that concern, discuss, or analyze an accident or a failure
involving electrical corporation or gas corporation facilities, but
that themselves are not privileged or subject to the attorney work
product doctrine, may not be withheld from the commission on the
basis that they are or were referenced or discussed in a
communication with counsel or incorporated into an attorney's work
product.
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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 326 is added to the
Public Utilities Code , to read:
326. (a) The commission shall establish procedures and processes
to implement a confidential, nonpunitive, and independent close call
reporting program for purposes of facilitating the identification of
accident precursors by persons familiar with public utility
operations, including, but not limited to, public utility employees
and contractors, and of collecting, analyzing, and disseminating
unbiased safety information. Through the program, any person,
including, but not limited to, a public utility employee or
contractor or a member of the public, may voluntarily submit a
confidential close call report that both involves a public utility
and relates to public, employee, or contractor safety.
(b) The commission shall not use a report pursuant to subdivision
(a) or information derived therefrom, except for information
concerning an accident or criminal offense, in an enforcement action.
The commission may establish additional exceptions to this
subdivision.
(c) The commission may contract with a third party to administer
the program.
(d) A public utility employee or the employee of a contractor
performing work for a public utility shall not be subject to
demotion, discharge, or any other form of retaliation or
discrimination for participating in the close call reporting program
established pursuant to this section.
SECTION 1. Section 316 of the Public Utilities
Code is amended to read:
316. (a) Each electrical corporation and gas 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 electric supply facilities and
commission-regulated gas pipeline 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, in the
case of a major outage, service has been restored, each electrical
corporation and gas corporation shall provide the commission, upon
its request, immediate access to all of the following:
(1) Any factual or physical evidence under the electrical or gas
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 or gas
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 or gas corporation'
s control that are related to the incident and are not subject to
attorney-client privilege or the attorney work product doctrine.
Facts, information, or documents that concern, discuss, or analyze an
accident or a failure involving utility facilities, but that
themselves are not privileged or subject to the attorney work product
doctrine, may not be withheld from the commission on the basis that
they are or were referenced or discussed in a communication with
counsel or incorporated into an attorney's work product.
(c) Each electrical corporation and gas 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) Any and all documents collected by an electrical corporation
or gas 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.