BILL NUMBER: AB 840	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Calderon

                        FEBRUARY 20, 2003

   An act to add Section 1769 to the Public Utilities Code, relating
to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 840, as introduced, Calderon.  Public Utilities Commission:
evidence:  orders or decisions:  review.
   Under existing law, the commission is not required to apply the
technical rules of evidence to hearings, investigations, and
proceedings, which are governed by certain existing law and by rules
of practice and procedure adopted by the commission.
   Existing law provides for judicial review of an order or decision
of the Public Utilities Commission in the courts of appeal or Supreme
Court, and requires the writ of mandamus to lie from the Supreme
Court and from the court of appeal to the commission in all proper
cases as prescribed in a specified section of the Code of Civil
Procedure.
   This bill would require all evidence in any ratemaking,
adjudication, or quasi-legislative case to be taken in accordance
with certain existing law governing evidence in administrative
proceedings.  The bill would authorize judicial review of any
decision of the commission pursuant to other additional provisions of
the Code of Civil Procedure pertaining to the writ of mandamus. The
bill would require the commission to amend its rules of practice and
procedure in accordance with the requirements of this bill.
   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 1769 is added to the Public Utilities Code, to
read:
   (a) Notwithstanding Section 1701, all evidence in any ratemaking,
adjudication, or quasi-legislative case shall be taken in accordance
with Section 11513 of the Government Code.
   1769.  (b) Notwithstanding any other provision of this article,
including, but not limited to, Section 1759, judicial review of any
decision of the commission may be had pursuant to Chapter 2
(commencing with Section 1084) of Title 1 of Part 3 of the Code of
Civil Procedure.
   (c) The commission shall amend its rules of practice and procedure
in accordance with this section.