Today's Law As Amended


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AB-2661 Political Reform Act of 1974: conflicts of interest: Energy Commission.(2013-2014)



As Amends the Law Today


SECTION 1.

 Article 3.7 (commencing with Section 87375) is added to Chapter 7 of Title 9 of the Government Code, to read:

Article  3.7. Energy Commission Conflicts of Interest
87375.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Community choice aggregator” has the same meaning as set forth in Section 331.1 of the Public Utilities Code.
(2) “Electrical corporation” has the same meaning as set forth in Section 218 of the Public Utilities Code.
(3) “Electric service provider” has the same meaning as set forth in Section 218.3 of the Public Utilities Code.
(4) “Energy Commission” means the State Energy Resources Conservation and Development Commission established pursuant to Section 25200 of the Public Resources Code.
(5) “Facility” means the structure or equipment necessary for generating, transmitting, or distributing electricity, including electric transmission lines and thermal, wind, hydroelectric, and photovoltaic plants.
(6) Notwithstanding paragraph (2) of subdivision (b) of Section 82030, for purposes of this section, “income” includes salary and reimbursement for expenses or per diem, and social security, disability, or other similar benefit payments received from a state, local, or federal government agency, and reimbursement for travel expenses and per diem received from a bona fide nonprofit entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code.
(7) “Load serving entity” means an electrical corporation, electric service provider, community choice aggregator, or a person who has received a substantial portion of his or her income, directly or indirectly, from selling or providing electricity to end users located in the state.
(8) “Major component” means any product or equipment integral to facility construction or operation or to electrical generation, transmission, or distribution.
(9) “Person” has the same meaning as set forth in Section 82047 and includes a city, county, public district or agency, the state or any department or agency thereof, and the United States or any department or agency thereof.
(b) An individual shall not be a member of the Energy Commission if, during the two years prior to appointment to the Energy Commission, the individual received a substantial portion of his or her income, directly or indirectly, from any of the following:
(1) A load serving entity.
(2) A person who has received a substantial portion of his or her income, directly or indirectly, from either of the following:
(A) Generating, transmitting, or distributing electricity in the state.
(B) The sale or manufacture of any major component of a facility located in the state.
(c) Except as provided in Section 25202 of the Public Resources Code, and subject to the prohibitions of Section 1099 of the Government Code, a member of the Energy Commission shall not hold any other elected or appointed public office or position.
(d) A member or employee of the Energy Commission shall not maintain a relationship as a partner, employer, employee, or consultant with a person who acts as an attorney, agent, or employee for a person other than the state in connection with a judicial or other proceeding, hearing, application, request for ruling, or other determination; contract; claim; controversy; study; plan; or other particular matter in which the Energy Commission is a party or has a direct and substantial interest.
(e) If the Fair Political Practices Commission finds that the interest of a member or employee of the Energy Commission, as appropriate, in income described in subdivision (b), in holding an office or position described in subdivision (c) that is not otherwise prohibited by Section 1099, or in a relationship described in subdivision (d) is not sufficiently substantial to affect the integrity of services that the state may expect from the member or employee with respect to the Energy Commission, the subdivision to which the Fair Political Practices Commission’s findings pertain shall not apply to that member or employee in that instance.

SEC. 2.

 Section 25205 of the Public Resources Code is repealed.

25205.
 (a) No person shall be a member of the commission who, during the two years prior to appointment on the commission, received any substantial portion of his or her income directly or indirectly from any electric utility, or who engages in sale or manufacture of any major component of any facility. A member of the commission shall not be employed by any electric utility, applicant, or, within two years after he or she ceases to be a member of the commission, by any person who engages in the sale or manufacture of any major component of any facility.
(b) Except as provided in Section 25202, the members of the commission shall not hold any other elected or appointed public office or position.
(c) The members of the commission and all employees of the commission shall comply with all applicable provisions of Section 19251 of the Government Code.
(d) A person who is a member or employee of the commission shall not participate personally and substantially as a member or employee of the commission, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter in which, to his or her knowledge, he or she, his or her spouse, minor child, or partner, or any organization, except a governmental agency or educational or research institution qualifying as a nonprofit organization under state or federal income tax law, in which he or she is serving, or has served as officer, director, trustee, partner, or employee while serving as a member or employee of the commission or within two years prior to his or her appointment as a member of the commission, has a direct or indirect financial interest.
(e) A person who is a partner, employer, or employee of a member or employee of the commission shall not act as an attorney, agent, or employee for any person other than the state in connection with any judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter in which the commission is a party or has a direct and substantial interest.
(f) The provisions of this section shall not apply if the Attorney General finds that the interest of the member or employee of the commission is not so substantial as to be deemed likely to affect the integrity of the services which the state may expect from the member or employee.
(g) Any person who violates any provision of this section is guilty of a felony and shall be subject to a fine of not more than ten thousand dollars ($10,000) or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or both that fine and imprisonment.
(h) The amendment of subdivision (d) of this section enacted by the 1975–76 Regular Session of the Legislature does not constitute a change in, but is declaratory of, existing law.

SEC. 3.

 Section 25205 is added to the Public Resources Code, to read:

25205.
 Members and employees of the commission shall be subject to Section 87375 of the Government Code.
SEC. 4.
 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.
SEC. 5.
 The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.