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SB-628 State Energy Resources Conservation and Development Commission: procedure.(2005-2006)

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SB628:v98#DOCUMENT

Amended  IN  Senate  March 29, 2005

CALIFORNIA LEGISLATURE— 2005–2006 REGULAR SESSION

Senate Bill
No. 628

Introduced  by  Senator Dutton

February 22, 2005

An act to add Section 25218.3 to the Public Resources Code, relating to energy resources.


LEGISLATIVE COUNSEL'S DIGEST


SB 628, as amended, Dutton. State Energy Resources Conservation and Development Commission: procedure.
The Warren-Alquist State Energy Resources Conservation and Development Act requires the State Energy Resources Conservation and Development Commission to perform numerous functions in connection with energy resources.
This bill would, in addition, require the commission to allow an applicant or interested parties party to present testimony and documentary evidence concerning any alleged misuse of administrative procedures to exert economic pressure on a party to enter a labor agreement with respect to a project within the jurisdiction of the commission.
This bill would require the commission to allow an applicant or interested party to submit evidence, data, or other information with regard to the intervention or participation in any proceeding by a party or person to involve the commission in a labor dispute, as specified. The bill would require the commission to take steps to maintain its neutrality in that labor dispute and would specify certain actions that the commission may take in that respect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25218.3 is added to the Public Resources Code, to read:

25218.3.
 (a) The commission shall allow interested parties an applicant or interested party to present testimony and documentary evidence concerning any alleged misuse of administrative procedures to exert economic pressure on a party to enter a labor agreement with respect to a project within the jurisdiction of the commission.
(b) The commission shall allow an applicant or interested party to submit evidence, data, or other information with regard to the intervention or participation in any proceeding by a party or person to involve the commission in a labor dispute, including the exercise of rights and privileges before the commission to coerce an applicant or interested party, or an entity or person affiliated with an applicant or interested party, to enter into an agreement for labor, including, but not limited to, a collective bargaining agreement with a labor organization or a project labor agreement for a specific project within the jurisdiction of the commission.
(c) The commission shall take steps to maintain its neutrality in a labor dispute described in subdivision (b) and, for that purpose, may do any of the following:
(1) Issue an order or perform another administrative action to deny intervention upon an application for certification of an entity or person that may involve the commission in a labor dispute.
(2) Restrict the rights of a party to a proceeding when the exercise of those rights appears to burden, harass, or delay a project for purposes of coercion in a labor dispute.
(3) Weigh the relevancy and appropriateness of an intervention and action by an intervenor against the burden that intervention places on a party to a labor dispute. If the commission determines that the burden outweighs the relevancy and appropriateness of an intervention, the commission may restrict the intervention and action as appropriate.