Today's Law As Amended

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SB-1017 Public Utilities Commission: public availability of utility supplied documents: judicial review.(2015-2016)



SECTION 1.
 The Legislature finds and declares that, pursuant to Section 3 of Article I of the California Constitution, the public should have access to all public records of state entities and this right should extend to public records of the Public Utilities Commission.

SEC. 2.

 Section 583 of the Public Utilities Code is amended to read:

583.
 (a)  No information furnished to the commission by a public utility, or any business which is a subsidiary or affiliate of a public utility, or a corporation which holds a controlling interest in a public utility, except those matters specifically required to be open to public inspection by this part, shall be open to public inspection or made public except on order of the commission, or by the commission or a commissioner in the course of a hearing or proceeding. Any present or former officer or employee of the commission who divulges any such information is guilty of a misdemeanor. 
(b) The commission shall provide the party furnishing information to the commission with notice and an opportunity to comment prior to the information being made available for inspection or being made public pursuant to subdivision (a).
(c) By July 1, 2018, the commission shall adopt a written process for the disclosure or publication of information furnished to the commission pursuant to this part.
(d) Any present or former officer or employee of the commission who divulges information contrary to this section is guilty of a misdemeanor, if the officer or employee knowingly and willfully makes the disclosure with the knowledge that the information is not publicly disclosable, or with the knowledge that a substantive provision of law requires that the information be kept confidential.

SEC. 3.

 Section 1759 of the Public Utilities Code is amended to read:

1759.
 (a) No court of this state, except the Supreme Court and the court of appeal, to the extent specified in this article, shall have jurisdiction to review, reverse, correct, or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties, as provided by law and the rules of court.
(b) The writ of mandamus shall lie from the Supreme Court and from the court of appeal to the commission in all proper cases as prescribed in Section 1085 of the Code of Civil Procedure.
(c) This section does not apply to an action arising from the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). Such an action may be brought in the superior court.