BILL NUMBER: SB 981	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 14, 2012

INTRODUCED BY   Senator Yee
    (   Coauthor:   Senator   Correa
  ) 
    (   Coauthor:   Assembly Member  
Hagman   ) 

                        JANUARY 23, 2012

   An act to amend Section 301 of, and to add Section 303.5 to, the
Public Utilities Code, relating to the Public Utilities Commission.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 981, as amended, Yee. Public Utilities Commission:
commissioners: executive employees.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, as defined. The qualifications and
tenure of members of the commission are set forth in the California
Constitution. Existing law prohibits a commissioner from holding an
official relation to or having a financial interest in a person or
corporation subject to regulation by the commission and requires the
commission to adopt an updated Conflict of Interest Code and State of
Incompatible Activities.    Existing law authorizes the
commission to appoint an attorney to the commission to hold office
during the pleasure of the commission. 
   Existing law provides for the comprehensive regulation of campaign
financing, conflicts of interests of public officials, and lobbying.
Existing law prohibits a designated employee of a state
administrative agency, any officer, employee, or consultant of a
state administrative agency holding a position that entails the
making, or participation in making, of decisions that may foreseeably
have a material effect on any financial interest, and a member of a
state administrative agency, for a period of one year after leaving
office of employment, to act as agent or attorney for, or otherwise
represent, any other person, by making any formal or informal
appearance, or by making any oral or written communication, before
any state administrative agency, or officer or employee thereof, for
which he or she worked or represented during the 12 months before
leaving office of employment, if the appearance or communication is
made for the purpose of influencing administrative or legislative
action, or influencing any action or proceeding involving the
issuance, amendment, awarding, or revocation of a permit, license,
grant, or contract, or the sale or purchase of goods or property.
   This bill would prospectively prohibit a commissioner  or
  ,  executive employee of the commission, as
defined,  or the attorney appointed by the commission,  for
a period of 2 years after leaving the employment of the commission,
from  becoming an employee of, or, for compensation, acting
as the agent for, a public utility subject to the regulatory
authority of the commission pursuant to the Public Utilities Act
  representing, for compensation, any public utility,
affiliate of a public utility, or other entity or person regulated by
the commission by making any formal or informal appearance, or by
making any oral or written communication, before the commission, or
officer or employee thereof, if the appearance or communication is
made for the purpose of influencing commission action  . The
bill would prospectively prohibit the commission from hiring, as an
executive employee of the commission,  or appointing as the
attorney for the commission,  any person who, in the previous 2
years, was an  employee or agent, for compensation, 
 executive officer, as defined,  of a public utility
subject to the regulatory authority of the commission pursuant to the
Public Utilities Act. The bill would prospectively prohibit any
person from holding the office of commissioner who, in the previous 2
years, was an  employee or agent, for compensation, for
  executive officer of  a public utility subject to
the regulatory authority of the commission pursuant to the Public
Utilities Act. 
   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 would be a part of the act,
the bill's restrictions on actions that may be undertaken upon
leaving the commission 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:  no
  yes  . State-mandated local program:  no
 yes  .


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

  SECTION 1.  Section 301 of the Public Utilities Code is amended to
read:
   301.  (a) The membership of the Public Utilities Commission, and
the qualifications and tenure of the members of the commission are as
provided in Section 1 of Article XII of the Constitution of this
state.
   (b) No person shall hold the office of commissioner who, 
in   during  the  previous  two
years  prior to appointment  , was an  employee or
agent, for compensation,   executive officer  of a
public utility subject to the regulatory authority of the commission
pursuant to this part.  For purposes of this subdivision,
"executive officer" has the same meaning as defined in Section 451.5.
 This prohibition shall  not  be applicable to those
persons appointed by the Governor  beginning  
before  January 1, 2013.
  SEC. 2.  Section 303.5 is added to the Public Utilities Code, to
read:
   303.5.  (a) For purposes of this section, an "executive employee
of the commission" means all of the following persons:
   (1) Any chief of staff, executive assistant, or administrative
assistant I for a commissioner.
   (2) The following advisors on the staff of a commissioner: any
legal advisor or legal advisor II, rotational advisor, policy and
planning advisor, energy efficiency and renewables advisor,  and
 technical advisor and technical advisor II.
   (3) The executive director of the commission appointed pursuant to
Section 308.
   (4) The following employees of the executive offices of the
commission: a deputy executive director, policy and planning advisor,
director of governmental affairs, communications director,
government program analyst, associate governmental program analyst,
public utilities regulatory analyst  V  ,  and 
administrative assistant I. 
   (5) The attorney for the commission appointed pursuant to Sections
307. 
   (b) No commissioner, including the president,  or
 executive employee of the commission  shall, for a
period of two years after leaving the employment of the commission,
become an employee of, or, for compensation, act as the agent for, a
public utility subject to the regulatory authority of the commission
pursuant to this part   , or the attorney for the
commission appointed pursuant to Section 307, for a period of two
years after leaving office or employment, shall, for compensation,
act as agent or attorney for, or otherwise represent, any public
utility, an affiliate of a public utility, or any other entity
subject to regulation by the commission, by making any formal or
informal appearance, or by making any oral or written communication,
before the commission, or officer or employee thereof, if the
appearance or communication   is made for the purpose of
influencing commission action. For purposes of this subdivision, an
appearance before the commission does not include an appearance in a
court of law, an appearance before an administrative agency or
administrative law judge of an administrative agency, or an
appearance before the Workers' Compensation Appeals Board  .
This prohibition shall  not  be applicable to a person
 who becomes   hired as  an executive
employee of the commission  after December 31, 2012 
 or appointed to be the attorney   for the commission
before January 1, 2013  .
   (c) The commission shall not hire  any person  as
an executive employee  , or appoint as the attorney for the
commission, any person  who, in the previous two years, was an
 employee or agent, for compensation,  
executive officer  of a public utility subject to the regulatory
authority of the commission pursuant to this part.  For purposes
of this subdivision, "executive officer" has the   same
meaning as defined in Section 451.5.  This prohibition shall be
applicable to persons hired as executive employees of  , or
appointed to be the attorney for,  the commission beginning
January 1, 2013.
   SEC. 3.    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.