Amended in Assembly August 3, 2016

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 Bill No. 1049

Introduced by Senator Hill

February 12, 2016

An act to add Section 326 begin delete to end delete begin insert to, and to add and repeal Section 326.1 of, end insert the Public Utilities Code, relating to the Public Utilities Commission.

LEGISLATIVE COUNSEL’S DIGEST

SB 1049, as amended, Hill. Public Utilities Commission: electrical and gas corporations: close call reporting begin delete program. end delete begin insert programs. end insert

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical and gas corporations. The California Constitution authorizes the commission to establish rules for electrical and gas corporations, subject to control by the Legislature.

This bill would begin delete require end delete begin insert authorize end insert 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 the operations of electrical or gas corporations 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 an electrical or gas corporation and relates to public, employee, or contractor safety. begin insert end insert begin insert The bill would also require the commission to implement, through a proceeding, a close call reporting pilot program that would be consistent with the program described above. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: 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 begin delete shall end delete begin insert may end insert 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 the operations of electrical or gas corporations,
including, but not limited to, employees and contractors of
electrical or gas corporations, and of collecting, analyzing, and
disseminating unbiased safety information. Through the program,
any person, including, but not limited to, an employee or contractor
of an electrical or gas corporation or a member of the public, may
voluntarily submit a confidential close call report that both involves
an electrical or gas corporation and relates to public, employee,
or contractor safety.

(b) The commission shall not use a report submitted pursuant
to subdivision (a) or information derived therefrom, except for
information concerning an accident or criminal offense, in an
enforcement action.

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

(d)  An employee of, or the employee of a contractor performing
work for, an electrical or gas corporation 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 326.1 is added to the end insert begin insert Public Utilities Code end insert begin insert , to
read: end insert

begin insert

begin insert 326.1. end insert   

(a) On or before July 1, 2017, the commission shall
implement, through a proceeding, a confidential, nonpunitive, and
independent close call reporting pilot program that is consistent
with the program described in Section 326.

(b) This section shall remain in effect only until January 1, 2022,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2022, deletes or extends that date.

end insert