BILL ANALYSIS �
AB 2281
Page 1
Date of Hearing: April 7, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2281 (Hagman) - As Introduced: February 21, 2014
SUBJECT : State Air Resources Board: Public Utilities
Commission: legislative oversight participants
SUMMARY : Requires the President pro Tempore of the Senate and
the Speaker of the Assembly to jointly appoint two Members of
the Legislature as non-voting members of the Air Resources Board
(ARB) and the Public Utilities Commission (PUC).
EXISTING LAW :
1)Section 39510 of the Health and Safety Code provides for
appointment of 12 ARB members by the Governor on the basis of
interest and ability in the field of air pollution control,
understanding of the needs of the general public in connection
with air pollution problems, and additional specific
qualifications. All members serve at the pleasure of the
Governor and are subject to confirmation by the Senate.
Members serve part-time, with the exception of the Chair, who
is appointed by the Governor and serves full-time.
2)Section 1 of Article XII of the California Constitution
provides that the PUC "consists of 5 members appointed by the
Governor and approved by the Senate, a majority of the
membership concurring, for staggered 6-year terms. A vacancy
is filled for the remainder of the term. The Legislature may
remove a member for incompetence, neglect of duty, or
corruption, two thirds of the membership of each house
concurring." Section 305 of the Public Utilities Code
requires the Governor to designate a president of the PUC from
among its members.
THIS BILL :
1)Requires the President pro Tempore of the Senate and the
Speaker of the Assembly to jointly appoint two legislators
each to the ARB and the PUC, one from the majority party and
one from the minority party, to be "legislative oversight
participants" (LOPs, i.e., non-voting, ex officio members).
AB 2281
Page 2
2)Requires the executive officer of ARB and the executive
director of the PUC to ensure that each LOP is provided with
the agenda and all materials provided to a member of the
ARB/PUC. Authorizes a LOP to request materials filed with, or
developed by, the ARB/PUC with respect to any item that is
before the ARB/PUC. Requires a LOP to maintain the
confidentiality of any proprietary, confidential, or otherwise
legally protected information.
3)Provides that a LOP receives no compensation for his or her
services, but shall be reimbursed for his or her actual and
necessary expenses incurred in connection with the performance
of his or her duties.
FISCAL EFFECT : Unknown
COMMENTS :
1)The purse and the pulpit . Statutes, case law, and practice
have repeatedly confirmed that administrative agencies -
including the ARB, which is a creature of statutes enacted by
the Legislature, and the PUC, whose composition and basic
duties are prescribed in the California Constitution - are
subject to the control of the Legislature. The Legislature's
control can be effectuated through enactment of statutes and
the budget, but it can also be effectuated through
"oversight," which can take many forms. For one thing, each
appointee to the ARB and PUC is subject to confirmation by the
Senate. In addition, legislative committees have continuing
oversight responsibilities. For example, the Chair and
members of the Natural Resources Committee can hold hearings,
attend meetings, write letters, and otherwise review and
oversee the activities of the ARB, or designate staff to do
so. Likewise, the Utilities and Commerce Committee may do the
same for the PUC within its jurisdiction. In fact, each
committee has held oversight hearings involving ARB and the
PUC within the last month, including a joint hearing.
Individual members also may engage in similar activities,
though without the platform of the committee of jurisdiction.
The level of "oversight" an individual elected member of the
Legislature may have is mostly up to that member.
2)Author's statement :
Regulatory and enforcement decisions made by both the PUC
AB 2281
Page 3
and ARB are not normally subject to review, other than
through litigation. This bill proposes another, more
proactive, approach to monitoring their activity.
Assemblyman Hagman is still concerned about the San Bruno
pipeline explosion and the report obtained by NBC Bay
Area's Investigative Unit about the PUC's safety culture.
The Assemblyman maintains that while hearings were held,
there is progress yet to be made. Additionally, the
Assemblyman remains cognizant of the struggle that he
personally underwent in the process of relocating
transmission lines in Chino Hills. More recently, the
Assemblyman has also been alarmed by the latest report by
the California State Auditor's office detailing accounting
failures at the PUC.
3)My place or yours ? While the intent to improve legislative
oversight is laudable, the mechanism of placing elected
legislators on the ARB and PUC in a non-voting capacity seems
to subordinate elected legislators to appointees of the
Governor. It would seem equally, if not more, effective for
legislators to exercise oversight through the several
traditional means available, including summoning agencies to
the Legislature.
The mechanism proposed by this bill raises several other
interesting questions, such as:
a) Does the moniker "legislative oversight participants"
sidestep the California Constitution's requirement that the
PUC consist of only 5 "members" appointed by the Governor?
b) Is it antithetical to the raison d'etre of the PUC, as
conceived during Hiram Johnson's reform movement as an
independent commission removed from the influences of
Sacramento and the railroads, to place legislators as
members?
c) Is joint appointment by the leaders of the Senate and
Assembly workable?
d) Is it fair to assume there will be only one minority
party from which to appoint a LOP?
1)Double referral . This bill is double-referred to the Assembly
AB 2281
Page 4
Utilities and Commerce Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Professional Association of Specialty Contractors
Opposition
None on file
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092