Bill Text: CA AB1160 | 2011-2012 | Regular Session | Amended

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Bill Title: Public utilities: reporting: safety issues.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1160 Detail]

Download: California-2011-AB1160-Amended.html

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BILL NUMBER: AB 1160	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 5, 2012
	AMENDED IN ASSEMBLY  SEPTEMBER 7, 2011
	AMENDED IN ASSEMBLY  APRIL 4, 2011

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 18, 2011

   An act to add Article 6 (commencing with Section 8290) to Chapter
7 of Division 4 of the Public Utilities Code, relating to public
utility employees.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1160, as amended, Hill.  Public utility employees:
whistleblowers.   Public utilities: reporting: safety
issues.  
   (1) Under 
    Under  existing law, the Public Utilities Commission has
regulatory authority over public utilities. The California
Constitution authorizes the commission to establish rules for all
public utilities, subject to control by the Legislature.
   This  bill would require the commission to establish a
comprehensive whistleblower protection program to protect public
utility employees from management retaliation for bringing
information to the commission or other public entities regarding
unreported safety issues. The  bill would require a public
utility to file a completed report with the commission within 30 days
as to any final judgment, arbitration award, compromise, or
settlement in excess of $50,000 in any civil action brought by an
employee or former employee of the utility against the utility 
regarding safety issues that could jeopardize the lives or health of
Californians  . The bill would authorize the commission to limit
this reporting requirement to those particular types of claims that
the commission determines are likely to involve claims  of
retaliation, or to exclude from the duty to report particular claims
that the commission determines are highly unlikely to involve claims
of retaliation   or allegations that could jeopardize
the lives or health of   Californians  . The bill would
require the commission to develop and adopt  a 
 the  report form to be used by a public utility to comply
with  the   this  reporting 
requirements   requirement  . The bill would
require  specified  civil penalties to be imposed for  a
 violation of  the reporting   these 
requirements.
   Under existing law, a violation of any order, decision, rule,
direction, demand, or requirement of the commission is a crime.
   Because  the bill would require the commission to adopt
rules for the protection of whistleblowers and  a violation
of these  rules   requirements of the commission
 would be a crime, the bill would impose a state-mandated local
program  by creating a new crime  . 
   (2) The 
    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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 6 (commencing with Section 8290) is added to
Chapter 7 of Division 4 of the Public Utilities Code, to read:

      Article 6.   Whistleblower Protection  
Reporting Civil Actions 


   8290.  The commission shall establish a comprehensive
whistleblower protection program to protect public utility employees
from management retaliation for bringing information to the
commission or other public entities regarding unreported safety
issues. For these purposes, "other public entities" includes the
whistleblower hotline maintained by the Attorney General pursuant to
Section 1102.7 of the Labor Code. 
    8291.   8290.   (a) (1) Every public
utility shall file a completed report with the commission within 30
days as to any final judgment, arbitration award, compromise, or
settlement in excess of fifty thousand dollars ($50,000) in any civil
action brought by an employee or former employee of the utility
against the  utility.   utility regarding safety
issues that could jeopardize the lives or health of Californians.

   (2)  It is the intent of the Legislature that the
commission be informed of any significant payment made by a public
utility to an employee or former employee where there may be any
claim of management retaliation for bringing information to the
commission or other public entities regarding unreported safety
issues, and the   The  commission may limit the
duty to report pursuant to paragraph (1) to those particular types of
claims that the commission determines are likely to involve claims
 of retaliation, or to exclude from the duty to report
particular claims that the commission determines are highly unlikely
to involve claims of retaliation   or allegations that
could jeopardize the lives or health of Californians  .
   (3) The commission shall develop and adopt a report form to be
used by a public utility to comply with the requirements of paragraph
(1). Until the commission adopts a report form, the report shall
include a copy of the complaint or claim made by the employee or
former employee and any written judgment, arbitration award, or
agreement for the compromise or settlement of an action or claim.
   (b) (1) The commission shall assess a penalty of not more than one
million dollars ($1,000,000) against a public utility for a willful
failure to comply with the requirements of subdivision (a).
   (2) The commission shall assess a penalty of not more than five
hundred thousand dollars ($500,000) for a negligent failure to comply
with the requirements of subdivision (a).
   (3) The commission may enforce and collect a penalty pursuant to
Chapter 11 (commencing with Section 2100) of Part 1 of Division 1.
  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.