BILL NUMBER: AB 2584	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 19, 2012
	AMENDED IN ASSEMBLY  APRIL 23, 2012

INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 24, 2012

   An act to add Section 316 to the Public Utilities Code, relating
to electrical corporations  and gas corporations  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2584, as amended, Bradford. Electrical corporations 
and gas corporations  : investigations.
   (1) Under existing law, the Public Utilities Commission (PUC) has
regulatory authority over public utilities, including electrical
corporations  and gas corporations  , as defined.
Existing law requires the PUC to adopt inspection, maintenance,
repair, and replacement standards for the distribution systems of
electrical corporations in order to provide high quality, safe, and
reliable service. Existing law requires the PUC to conduct a review
to determine whether the standards have been met and to perform the
review after every major outage.
   This bill would require every electrical corporation  and
gas corporation  to cooperate fully with the PUC in an
investigation into any major accident or any reportable incident 
, as defined by the PUC,  regardless of pending litigation or
other investigations, including, but not limited to, those that may
be related to a PUC investigation. The bill would require every
electrical corporation  and gas corporation  to
provide the PUC, upon its request, immediate access to specified
documents. The bill would require every electrical corporation
 and gas corporation  to preserve any and all
documents  or evidence  it collects as part of its own
investigation related to the incident for at least 5 years  ,
  or a shorter perio   d of time as authorized by
the commission  .
   (2) Under existing law, a violation of the Public Utilities Act or
any order, decision, rule, direction, demand, or requirement of the
commission is a crime.
   Because the provisions of this bill are within the act, 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 316 is added to the Public Utilities Code, to
read:
   316.  (a) Each electrical corporation and  gas corporation
 shall cooperate fully with the commission in an
investigation into any major accident or any reportable incident 
, as these terms are defined by the commission, concerning overhead
electric supply and communications facilities,  regardless of
pending litigation or other investigations, including, but not
limited to, those that may be related to a commission investigation.
   (b) After the scene of the incident has been made safe and service
has been restored, each electrical corporation  and gas
corporation  shall provide the commission, upon its request,
immediate access to all of the following:
   (1) Any factual or physical evidence under the electrical
corporation's  or gas corporation's  , or its agent'
s, physical control, custody, or possession related to the incident.
   (2) The name and contact information of any known percipient
witness.
   (3) Any employee percipient witness under the electrical
corporation's  or gas corporation's  control.
   (4) The name and contact information of any person or entity that
has taken possession of any physical evidence removed from the site
of the incident.
   (5) Any and all documents under the electrical corporation's
 or gas corporation's  control that are related to
the incident and are not subject to attorney-client privilege or
attorney work product doctrine.
   (c) Each electrical corporation  and gas corporation
 shall preserve any and all documents  or evidence 
it collects as part of its own investigation related to the incident
for at least five years  or a shorter period of time as
authorized by the commission  .
  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.