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AB-1847 Electrical corporations: public administrator.(2019-2020)

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Date Published: 01/06/2020 09:00 PM
AB1847:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1847


Introduced by Assembly Member Levine

January 06, 2020


An act to add Section 702.1 to the Public Utilities Code, relating to public utilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 1847, as introduced, Levine. Electrical corporations: public administrator.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations.
This bill would authorize the commission, if the commission adopts a decision that includesfindings that an electrical corporation is not complying with state law or rules, regulations, or other directives from the commission, to appoint a public administrator to the electrical corporation for a period not to exceed 180 days, except as provided. The bill would vest the public administrator with oversight authority over the electrical corporation’s activities that impact public safety.
Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because the provisions of this bill would be a part of the act, a violation of which would be a crime, this bill would impose a state-mandated local program.
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 702.1 is added to the Public Utilities Code, to read:

702.1.
 (a) Pursuant to its authority pursuant to Sections 701 and 702, upon the adoption of a commission decision in a proceeding that includes findings that an electrical corporation is not complying with state law or rules, regulations, or other directives from the commission, the commission may embed a public administrator within the electrical corporation.
(b) The public administrator shall have oversight authority over an electrical corporation’s activities that impact public safety, including the electrical corporation’s decision to deenergize all or part of its distribution or transmission system to reduce the risk of wildfire ignition. If, after appropriate due diligence, the public administrator modifies an electrical corporation’s decision regarding deenergization of all or part of its distribution or transmission system, the electrical corporation shall act in accordance with the public administrator’s decision.
(c) (1) Except as provided in paragraph (2), the appointment of the embedded public administrator shall not exceed 180 days.
(2) Notwithstanding paragraph (1), the commission may extend the appointment of the embedded public administrator beyond the 180-day period if the commission adopts a decision in a proceeding making further findings supporting the continued need for the public administrator.

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.