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AB-2097 Public utilities: safety reports.(2011-2012)

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AB2097:v97#DOCUMENT

Amended  IN  Assembly  May 09, 2012
Amended  IN  Assembly  May 01, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2097


Introduced  by  Assembly Member Hill

February 23, 2012


An act to add and repeal Section 315.5 of the Public Utilities Code, relating to public utilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2097, as amended, Hill. Public utilities: safety reports.
Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. Existing law requires the PUC to investigate the cause of all accidents occurring within this state upon the property of any public utility or directly or indirectly arising from or connected with the utility’s maintenance or operation, resulting in loss of life or injury to person or property and requiring, in the judgment of the PUC, investigation by the PUC. Existing law also authorizes the PUC to make any order or recommendation with respect thereto as in the PUC’s judgment seems just and reasonable.
This bill would require an investor-owned utility that provides gas or electric service, or both, to annually report to the PUC on the disposition of all civil complaints against the utility where a matter of public safety that has substantial likelihood to jeopardize the lives or health of Californians is the gravamen of a claim in the complaint.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime.
Because the provisions of this bill are within the act, the bill would impose a state-mandated local program by creating a new crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 315.5 is added to the Public Utilities Code, to read:

315.5.
 (a) An investor-owned utility that provides gas or electric service, or both, shall annually report to the commission, in a format and on a schedule determined by the commission, on the disposition of all civil complaints against the utility where a matter of public safety that has substantial likelihood to jeopardize the lives or health of Californians is the gravamen of a claim in the complaint.
(b) On or by June 1, 2013, and each year after that, the commission shall report to the Legislature on all complaints pursuant to subdivision (a) that have been filed in the reporting period that precedes that reporting date. This report shall include a brief statement summarizing the safety issue or issues in each complaint. The report shall not include confidential settlement terms and conditions.
(c) (1) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2017.

SEC. 2.

 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.