BILL ANALYSIS Ó
SB 1049
Page 1
Date of Hearing: August 10, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1049
(Hill) - As Amended August 3, 2016
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|Policy |Utilities and Commerce |Vote:|12 - 1 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill authorizes the California Public Utilities Commission
(PUC) to establish procedures and processes to implement an
independent close call reporting program to facilitate the
identification of accident precursors. The program would be
established to receive voluntary close call reports by people
with information involving electrical or gas corporations. This
information would be used to help protect public, employee, or
contractor safety. Additionally, this bill:
1)Prohibits the PUC from using the report in an enforcement
action, except for an accident or criminal offense.
SB 1049
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2)Authorizes the PUC to contract with a third party to
administer the program.
3)Prohibits an employee, or employee of a contractor from being
subject to demotion, discharge or any form of retaliation or
discrimination for participating in the close call reporting
program.
4)Requires the PUC to implement a confidential, nonpunitive, and
independent close call reporting pilot program, by July 1,
2017, through a proceeding. The pilot program must be
consistent with the requirements of the bill.
5)Sunsets the provisions of this bill on January 1, 2022.
FISCAL EFFECT:
Increased one-time costs of $500,000 to establish program and
ongoing costs of $3.5 million (Public Utilities Account) to
contract with a third party to administer the program until
January 1, 2022.
COMMENTS:
1)Purpose. According to the author, in order to encourage the
reporting of near misses by utility employees and foster a
culture of communications between utility employees and
management, the PUC needs to implement a confidential close
call reporting system to protect the confidentiality of
reporting employees and disseminate safety lessons
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industry-wide.
2)Similar Reporting Programs. The Federal Aviation
Administration (FAA) and the Fderal Railroad Administration
(FRA) use a third party to administer an employee reporting
program. The reports to the third party are not confidential,
but after follow-up by third party analysts the reports are
de-identified before evaluation (in the FAA program) or
forwarding to a peer review team of labor, management, and
regulatory staff (FRA program). Both the FAA and FRA use the
National Aeronautics and Space Administration (NASA) to
administer their programs.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081