BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1541
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          ASSEMBLY THIRD READING
          AB 1541 (Dickinson)
          As Amended  April 16, 2012
          Majority vote 

           UTILITIES & COMMERCE            14-0                GOVERNMENTAL 
          ORGANIZATION     16-0           
           
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          |Ayes:|Bradford, Fletcher,       |Ayes:|Hall, Nestande, Atkins,   |
          |     |Buchanan, Fong, Fuentes,  |     |Block, Blumenfield,       |
          |     |Furutani, Gorell,         |     |Chesbro, Cook, Garrick,   |
          |     |Roger Hern�ndez, Huffman, |     |Gatto, Hill, Jones, Ma,   |
          |     |Ma, Nestande, Skinner,    |     |Perea,                    |
          |     |Swanson, Valadao          |     |V. Manuel P�rez, Silva,   |
          |     |                          |     |Torres                    |
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           APPROPRIATIONS      17-0                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Fuentes, Harkey,          |     |                          |
          |     |Blumenfield, Bradford,    |     |                          |
          |     |Charles Calderon, Campos, |     |                          |
          |     |Davis, Donnelly, Gatto,   |     |                          |
          |     |Hall, Hill, Lara,         |     |                          |
          |     |Mitchell, Nielsen, Norby, |     |                          |
          |     |Solorio, Wagner           |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Subjects certain actions by the California Public 
          Utilities Commission (PUC) to the Public Records Act subject to 
          exemptions for security-related information, proprietary 
          business information, market-sensitive information, and 
          personally identifiable employee or customer information.

           EXISTING LAW  :

          1)Requires the PUC to adopt procedures to ensure confidentiality 
            of market sensitive information.

          2)Provides that no information provided to the PUC is open to 
            the public.

          3)Prohibits the PUC reports, orders, or recommendations related 








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            to accidents from being admissible as evidence in any action 
            for damages.

          4)Provides members of the public access to public records of 
            state agencies with exceptions for specified types of 
            information.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, any costs to the PUC will be minor and absorbable.

           COMMENTS  :  According to the author, "The explosions in Rancho 
          Cordova and San Bruno exposed the serious consequences of 
          operating in secrecy.  The Legislature and the public should be 
          able to monitor the crucial services regulated by PUC on an 
          ongoing basis. We should not have to wait for a brief glimpse of 
          transparency following another tragedy.  This bill will bring 
          PUC into line with the policy and practice of other public 
          agencies in California. This bill will require PUC to comply 
          with the intent of the Public Records Act, that the public be 
          guaranteed access to government documents, unless the 
          information meets specified criteria, such as endangering the 
          public by its release."

          PUC oversight covers certain, but not all, electric, gas, water, 
          rail, and telecommunication industries.

          The PUC frequently uses its authority to maintain 
          confidentiality as a tool with which to encourage extensive data 
          and information requests from the entities it regulates.  As a 
          result, the PUC itself receives market sensitive and proprietary 
          data that aids in the development and implementation of policies 
          and regulations.  In addition, industry habitually provides data 
          that is of a sensitive nature related to matters of national 
          security.


           Analysis Prepared by  :    Susan Kateley / U. & C. / (916) 
          319-2083


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