AB 2281, as introduced, Hagman. State government: State Air Resources Board: Public Utilities Commission: legislative oversight participants.
Existing law establishes in the California Environmental Protection Agency the State Air Resources Board, which is responsible for control of emissions from motor vehicles and is designated the air pollution control agency for all purposes set forth in federal law.
This bill would require the President pro Tempore of the Senate and the Speaker of the Assembly to jointly appoint 2 Members of the Legislature, one Member from the majority party and one Member of the minority party, to be legislative oversight participants in the proceedings of the state board and would authorize the legislative oversight participants to fully participate in discussions during meetings of the state board as if the legislative oversight participants were members of the state board, but would have no right to vote in matters before the state board. The bill would require the executive officer of the state board ensure that both legislative oversight participants are provided with the agenda of business and all materials provided to a member of the state board for consideration of any item that is before the full state board. The bill would authorize a legislative oversight participant to request to be supplied with materials filed with, or developed by, the state board with respect to any item that is before the board for consideration. The bill would require that the legislative oversight participant maintain the confidentiality of any proprietary, confidential, or otherwise legally protected information supplied to the legislative oversight participant.
The California Constitution establishes the Public Utilities Commission, authorizes the commission, subject to statute and due process, to establish its own procedures, provides that all public utilities, as defined, are subject to control by the Legislature, and generally authorizes the commission to fix rates, establish rules, examine records, issue subpenas, administer oaths, take testimony, punish for contempt, and prescribe a uniform system of accounts for all public utilities subject to its jurisdiction.
This bill would require the President pro Tempore of the Senate and the Speaker of the Assembly to jointly appoint 2 Members of the Legislature, one Member from the majority party and one Member of the minority party, to be legislative oversight participants in the proceedings of the commission and would authorize the legislative oversight participants to fully participate in discussions during meetings of the commission as if the legislative oversight participants were members of the commission, but would have no right to vote in matters before the commission. The bill would require the executive director of the commission ensure that both legislative oversight participants be provided with the agenda of business and all materials provided to a commissioner for consideration of any item that is before the full commission. The bill would authorize a legislative oversight participant to request to be supplied with materials filed with, or developed by, the commission with respect to any investigation or proceeding of the commission. The bill would require that the legislative oversight participant maintain the confidentiality of any proprietary, confidential, or otherwise legally protected information supplied to the legislative oversight participant, unless the commission orders the materials be disclosed.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 39510.5 is added to the Health and Safety
2Code, to read:
(a) In order to improve legislative oversight, the
4President pro Tempore of the Senate and the Speaker of the
5Assembly shall jointly appoint two Members of the Legislature,
6one Member from the majority party and one Member of the
7minority party, to be legislative oversight participants in the
8proceedings of the state board. A legislative oversight participant
9may fully participate in discussions during meetings of the state
10board as if the legislative oversight participant were a member of
11the state board, but shall have no right to vote in matters before
12the state board.
13(b) The executive officer of the state board shall ensure that
14each legislative oversight participant is provided with the agenda
15of business and all materials provided to a
member of the state
16board for consideration of any item that is before the full state
17board. A legislative oversight participant may request that the
18executive officer supply the legislative oversight participant with
19materials filed with, or developed by, the state board with respect
20to any item that is before the board for consideration. A legislative
21oversight participant shall maintain the confidentiality of any
22proprietary, confidential, or otherwise legally protected information
23supplied to the legislative oversight participant.
24(c) A legislative oversight participant shall receive no
25compensation for his or her services, but shall be reimbursed for
26his or her actual and necessary expenses incurred in connection
27with the performance of his or her duties.
Section 301.5 is added to the Public Utilities Code, to
29read:
(a) In order to improve legislative oversight, the
31President pro Tempore of the Senate and the Speaker of the
32Assembly shall jointly appoint two Members of the Legislature,
33one Member from the majority party and one Member of the
34minority party, to be legislative oversight participants in the
35proceedings of the commission. A legislative oversight participant
36may fully participate in discussions during meetings of the
37commission as if the legislative oversight participant were a
P4 1member of the commission, but shall have no right to vote in
2matters before the commission.
3(b) The executive director of the commission shall ensure that
4each legislative oversight participant is provided with the agenda
5of business and all materials provided to a
commissioner for
6consideration of any item that is before the full commission. A
7legislative oversight participant may request that the executive
8director supply the legislative oversight participant with materials
9filed with, or developed by, the commission with respect to any
10investigation or proceeding of the commission. A legislative
11oversight participant may request the director of the independent
12Office of Ratepayer Advocates supply the legislative oversight
13participant with materials filed with, or developed by, the office
14with respect to any investigation or proceeding in which the office
15is participating. A legislative oversight participant shall maintain
16the confidentiality of any proprietary, confidential, or otherwise
17legally protected information supplied to the legislative oversight
18participant unless the commission orders the material be disclosed
19pursuant to Section 583.
20(c) A legislative oversight participant shall receive no
21
compensation for his or her services, but shall be reimbursed for
22his or her actual and necessary expenses incurred in connection
23with the performance of his or her duties.
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