Bill Text: CA AB2054 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Energy: employment, gifts, and rates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2024-08-15 - In committee: Held under submission. [AB2054 Detail]

Download: California-2023-AB2054-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2054

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Introduced by Assembly Member Bauer-Kahan

February 01, 2024

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An act to amend Section 25205 of the Public Resources Code, and to add Section 303.5 to the Public Utilities Code, relating to energy.

LEGISLATIVE COUNSEL'S DIGEST

AB 2054, as introduced, Bauer-Kahan. Public Utilities Commission and Energy Commission: commissioners: employment.

Existing law establishes the State Energy Resources Conservation and Development Commission (Energy Commission) consisting of 5 members appointed by the Governor subject to confirmation by the Senate. Existing law prohibits members of the Energy Commission from being employed by an electric utility or applicant or, within 2 years after the member ceases to be a member of the Energy Commission, a person who engages in the sale or manufacture of a major component of a facility. A violation of this provision is punishable as a felony.

This bill would prohibit a member of the Energy Commission from being employed by an entity subject to regulation by the Energy Commission for a period of 10 years after ceasing to be a member of the commission. By expanding the application of an existing crime, this bill would impose a state-mandated local program.

The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities, and provides for the composition and appointment of the commission. Existing law prohibits an executive of a public utility from serving as a commissioner within 2 years after leaving the employment of the utility.

This bill would prohibit a public utilities commissioner from being employed by an entity subject to regulation by the commission for a period of 10 years after the end of the commissioner’s term of office.

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 this new prohibition of former public utilities commissioner employment would be part of the act, and a violation would therefore 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

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

SECTION 1.

 Section 25205 of the Public Resources Code is amended to read:

25205.

 (a) (1) No person shall be a member of the commission who, during the two years prior to appointment on the commission, received any substantial portion of his or her their income directly or indirectly from any electric utility, or who engages in sale or manufacture of any major component of any facility. A member of the commission shall not be employed by any electric utility, applicant, or, within two years after he or she ceases ceasing to be a member of the commission, by any person who engages in the sale or manufacture of any major component of any facility.

(2) A member of the commission shall not be employed by an entity subject to regulation by the commission for a period of 10 years after ceasing to be a member of the commission.

(b) Except as provided in Section 25202, the members of the commission shall not hold any other elected or appointed public office or position.

(c) The members of the commission and all employees of the commission shall comply with all applicable provisions of Section 19251 19990 of the Government Code.

(d) A person who is a member or employee of the commission shall not participate personally and substantially as a member or employee of the commission, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter in which, to his or her the member or employee’s knowledge, he or she, his or her the member or employee, their spouse, minor child, or partner, or any organization, except a governmental agency or educational or research institution qualifying as a nonprofit organization under state or federal income tax law, in which he or she the member or employee is serving, or has served as officer, director, trustee, partner, or employee while serving as a member or employee of the commission or within two years prior to his or her appointment as a member of the commission, has a direct or indirect financial interest.

(e) A person who is a partner, employer, or employee of a member or employee of the commission shall not act as an attorney, agent, or employee for any person other than the state in connection with any judicial or other proceeding, hearing, application, request for a ruling, or other determination, contract, claim, controversy, study, plan, or other particular matter in which the commission is a party or has a direct and substantial interest.

(f) The provisions of this section shall not apply if the Attorney General finds that the interest of the member or employee of the commission is not so substantial as to be deemed likely to affect the integrity of the services which the state may expect from the member or employee.

(g) Any person who violates any provision of this section is guilty of a felony and shall be subject to a fine of not more than ten thousand dollars ($10,000) or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or both that fine and imprisonment.

(h) The amendment of subdivision (d) of this section enacted by the 1975–76 Regular Session of the Legislature does not constitute a change in, but is declaratory of, existing law.

SEC. 2.

 Section 303.5 is added to the Public Utilities Code, to read:

303.5.

 A public utilities commissioner, for a period of 10 years after the end of the commissioner’s term of office, shall not be employed by an entity subject to regulation by the commission.

SEC. 3.

 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.