BILL NUMBER: AB 1197	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2012
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly  Members   Hill
    and V. Manuel Pérez 
 Member   Hill 

                        FEBRUARY 18, 2011

   An act to  amend Section 15820.917 of the Government Code
   add Article 7 (commencing with Section 8295) to
Chapter 7 of Division 4 of the Public Utilities Code  , relating
to  jail construction funding   public utility
employees  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1197, as amended, Hill.  Jail facility construction
funding.   Public utility employees: whistleblowers.
 
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities. The California Constitution
authorizes the commission to establish rules for all public
utilities, subject to control by the Legislature.  
   This bill would require the commission to establish a
comprehensive whistleblower protection program to protect public
utility employees from management retaliation for bringing
information to the commission or other public entities, as defined,
regarding unreported safety issues.  
   Under existing law, a violation of any order, decision, rule,
direction, demand, or requirement of the commission is a crime. 

   Because the bill would require the commission to adopt rules for
the protection of whistleblowers and a violation of these rules would
be a crime, the bill would impose a state-mandated local program by
creating a new crime.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law authorizes the Department of Corrections and
Rehabilitation (CDCR), participating counties, and the State Public
Works Board to acquire, design, and construct local jail facilities
approved by the Corrections Standards Authority (CSA). Existing law
authorizes the State Public Works Board to issue revenue bonds,
notes, or bond anticipation notes to finance the acquisition, design,
or construction, and a reasonable construction reserve, of approved
local jail facilities, as specified. The funds derived from those
revenue bonds, notes, or bond anticipation notes are continuously
appropriated for the purposes described above. Existing law requires
CDCR and CSA to give funding preference to counties that assist the
state in siting reentry facilities and requires CDCR to give funding
preference to counties that assist the state in siting mental health
day treatment and crisis care and to counties that provide a
continuum of care so that parolees with mental health and substance
abuse needs can continue to receive services at the conclusion of
their period of parole. Existing law requires participating county
matching funds for projects funded under those provisions be at a
minimum of 25% of the total project costs, except as specified.
 
   The bill would lower the percentage of required participating
matching funds from 25% to 10%. The bill would delete the provisions
requiring specific funding preferences and instead require that
counties that applied for and were awarded funds under specified
provisions be funded in that amount and require CDCR and CSA, after
those counties have been funded, to give funding preference to
counties that committed the largest percentage of inmates to state
custody in relation to the total inmate population supervised by CDCR
in 2010. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Article 7 (commencing with Section
8295) is added to Chapter 7 of Division 4 of the   Public
Utilities Code   , to read:  

      Article 7.  Whistleblower Protection Program


   8295.  The commission shall establish a comprehensive
whistleblower protection program to protect public utility employees
from management retaliation for bringing information to the
commission or other public entities regarding unreported safety
issues. For these purposes, "other public entities" includes the
whistleblower hotline maintained by the Attorney General pursuant to
Section 1102.7 of the Labor Code. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 15820.917 of the Government
Code is amended to read:
   15820.917.  (a) Participating county matching funds for projects
funded under this chapter shall be a minimum of 10 percent of the
total project costs. The CSA may reduce matching fund requirements
for participating counties with a general population below 200,000
upon petition by a participating county to the CSA requesting a lower
level of matching funds.
   (b) Counties that applied for and were awarded funds pursuant to
Chapter 3.2.1 (commencing with Section 15819.40) shall be funded in
that amount.
   (c) After funding counties pursuant to subdivision (b), the CDCR
and CSA shall give funding preference to counties that committed the
largest percentage of inmates to state custody in relation to the
total inmate population supervised by CDCR in 2010.