Amended in Assembly August 1, 2016

Amended in Assembly June 15, 2016

Amended in Senate May 27, 2016

Amended in Senate April 11, 2016

Senate BillNo. 1049


Introduced by Senator Hill

February 12, 2016


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. Public Utilities Commission:begin insert electrical and gas corporations:end insert close call reporting program.

Under existing law, the Public Utilities Commission has regulatory authority over publicbegin delete utilities.end deletebegin insert utilities, including electrical and gas corporations.end insert The California Constitution authorizes the commission to establish rules forbegin delete all public utilities,end deletebegin insert electrical and gas corporations,end insert 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 withbegin delete public utilityend deletebegin insert theend insert operationsbegin insert of electrical or gas corporationsend insert 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 involvesbegin delete a public utilityend deletebegin insert an electrical or gas corporationend insert and relates to public, employee, or contractor safety.

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

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

P2    1

SECTION 1.  

Section 326 is added to the Public Utilities Code,
2to read:

3

326.  

(a) The commission shall establish procedures and
4processes to implement a confidential, nonpunitive, and
5independent close call reporting program for purposes of
6facilitating the identification of accident precursors by persons
7familiar withbegin delete public utility operations,end deletebegin insert the operations of electrical
8or gas corporations,end insert
including, but not limited to,begin delete public utilityend delete
9 employees andbegin delete contractors,end deletebegin insert contractors ofend insertbegin insert electrical or gas
10corporationsend insert
begin insert,end insert and of collecting, analyzing, and disseminating
11unbiased safety information. Through the program, any person,
12including, but not limited to,begin delete a public utilityend deletebegin insert anend insert employee or
13contractorbegin insert of an electrical or gas corporationend insert or a member of the
14public, may voluntarily submit a confidential close call report that
15both involvesbegin delete a public utilityend deletebegin insert an electrical or gas corporationend insert and
16relates to public, employee, or contractor safety.

17(b) The commission shall not use a reportbegin insert submittedend insert pursuant
18to subdivision (a) or information derived therefrom, except for
19information concerning an accident or criminal offense, in an
20enforcement action.begin delete The commission may establish additional
21exceptions to this subdivision.end delete

22(c) The commission may contract with a third party to administer
23the program.

24(d) begin deleteA public utilityend deletebegin insert Anend insert employeebegin insert of,end insert or the employee of a
25contractor performing workbegin delete for a public utilityend deletebegin insert for, an electrical
26or gas corporationend insert
shall not be subject to demotion, discharge, or
27any other form of retaliation or discrimination for participating in
28the close call reporting program established pursuant to this section.



O

    95