BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 1541 (Dickinson) - Public Utilities Commission: public
records.
Amended: August 6, 2012 Policy Vote: E,U&C 10-2
Judiciary 4-0
Urgency: No Mandate: Yes
Hearing Date: August 6, 2012 Consultant:
Bob Franzoia
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 1541 would revise exemption and disclosure
provisions under the Public Records Act (PRA) related to public
utility information.
Fiscal Impact: $316,000 in 2013-14 from the Public Utilities
Reimbursement Account to revise Public Utilities Commission
General Order 66.
Background: Every state agency is required to establish written
guidelines for accessibility of records and post them in a
conspicuous public place which the commission has done through
its General Order 66-C posted on its Web site.
In March the commission released a resolution and draft of a new
General Order 66-D. The commission has done a review of
policies and is now updating policies and processes governing
public access to records, establishing procedures for more
uniform processing of records requests and requests for
confidential treatment of documents provided to the commission,
and improving access to records on the commission's Web site.
Proposed Law: AB 1415 would do the following:
- Require disclosure of commission orders or recommendations
regarding an accident, or utility reports filed concerning an
accident according to the PRA unless the commission determines
that it is proprietary, security-related, market-sensitive
information, or personally identifiable information or specified
communication between a labor organization and utility
management.
- Exempt from release any document that is security-related,
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proprietary business, or market-sensitive information, specified
communications between a certified labor organization and a
utility, or personally identifiable information of a customer or
employees.
- Provide that any present or former commission officer or
employee who divulges any information, the disclosure of which
is exempted or prohibited by federal or state law is guilty of a
misdemeanor.
Related Legislation: SB 1000 (Yee) proposed requiring the
commission to revise its guidelines, resolutions, and general
orders for the disclosure of public records and proposed
requiring commission investigation orders, recommendations, and
accident reports to be made publicly available pursuant to the
PRA. That bill failed passage in the Assembly Utilities and
Commerce Committee 4-0, 11 A/NV, on June 25, 2012.
Staff Comments: This bill revises Public Utilities Code 583 to
read: All records of, or information furnished to, the
commission are public records that shall be made available to
the public, upon request, pursuant to the California Public
Records Act?unless exempted from that act.
This revision essentially reverses the presumption in the
current language in this section from confidential to public.
General Order 66-C and the commission resolution to adopt
General Order 66-D utilize the existing language (and
presumption). This would require a proceeding to adopt a new
General Order from the perspective that all information is
public unless exempted by the PRA. Current and proposed
commission confidentiality protections may be of questionable
legal value and the commission would seek stakeholder input on
the relevant provisions, and appropriate interpretation, of the
PRA.
By expanding the scope of a crime, this bill imposes a state
mandated local program. No reimbursement is required.
Proposed Author Amendments: The author is discussing amendments
with various stakeholder groups. At this time, it does not
appear those amendments would change the fiscal impact of this
bill.
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