BILL ANALYSIS
AB 1315
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Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1315 (Ruskin) - As Amended: May 5, 2009
Policy Committee:
UtilitiesVote:10-4
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill:
1)Provides that the president of the Public Utilities Commission
(PUC) shall be designated by the commission rather than by the
governor.
2)Provides that the commission, rather than the president,
directs the actions of the PUC executive director, attorney
and staff.
FISCAL EFFECT
Negligible fiscal impact.
COMMENTS
1)Background . Prior to 1999, the president of the PUC was
elected by its members. The commissioners appointed the
attorney and executive director, who performed at the
direction of the commission. The PUC has historically been
granted broad authority, and some viewed the PUC's
independence as less of a virtue and more of a vice. Rather
than being independent, the PUC had been seen to lack
accountability. Supporters of this view cited a series of
decisions made by the PUC over the prior 15 years that were
contrary to the stated desires of a majority of the
Legislature, and in some cases, in contradiction of the
desires of the governor.
SB 33 (Peace)/Chapter 509 of 1999, attempted to address the
AB 1315
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perceived lack of accountability by the commissioners. It
centralized the functioning of the PUC with its president by
putting the PUC's executive director and general counsel
directly under the control of the president. It also made the
president more directly accountable to the governor by making
the president an appointee of the governor.
There is now concern that having the governor appointed the
president instead of the other commissioners has resulted in a
lack of collegiality and the unintended creation of a "super
commissioner." The governor can re-appoint that same
commissioner as president each term, and that president by
statute directs the executive director, the attorney, and the
over 1,000 staff. The remaining commissioners can become less
significant, especially when the will of individual
commissioners differs from that of the president.
2)Purpose . AB 1315 returns the selection of PUC president and
the direction of staff to the pre-SB 33 status. The author
believes this will assist the Legislature and the public with
achieving greater independence and accountability from this
crucial public agency. The author states that by having the
executive director and the attorney report to the entire
commission rather than just the president, this bill will
reduce the politicization of internal staffing and procedural
decisions, while promoting collegiality and cooperation among
commissioners.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081