Bill Text: CA AB2097 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Public utilities: safety reports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-10 - Re-referred to Com. on U. & C. [AB2097 Detail]

Download: California-2011-AB2097-Amended.html

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BILL NUMBER: AB 2097	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 1, 2012

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 23, 2012

   An act to add  and repeal  Section  56363.2 to
  315.5 of  the  Education  
Public Utilities  Code, relating to  special education
  public utilities  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2097, as amended, Hill.  Special education: assistive
technology devices.   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.  
   Existing law requires an individualized education program (IEP)
team, when developing an IEP, to consider whether an individual with
exceptional needs requires assistive technology devices and services,
as defined. Existing law states that a local educational agency is
not required to purchase medical equipment, which excludes an
assistive technology device, for an individual with exceptional needs
but that a local educational agency is responsible for providing
other specialized equipment for use at school that is needed to
implement the IEP.  
   This bill would authorize a local educational agency or special
education local plan area to retain, sell, or otherwise dispose of an
assistive technology device, including, but not limited to, giving
the assistive technology device to the individual with exceptional
needs to whom it was assigned, if specified determinations are made.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  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.
   (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.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) Assistive technology devices provided to individuals with
exceptional needs better enables individuals with exceptional needs
to achieve the goals stipulated in their individualized education
program, develop important life skills, and transition into
adulthood.
   (b) Assistive technology devices are tools for access,
independence, and academic success for individuals with exceptional
needs. Assistive technology devices can range from low-technology
equipment such as a calculator or audio recording device, to more
sophisticated technology that is specialized and tailored to the
individual needs of the pupil, and can include adaptive equipment,
specialized computer software, a hearing aid, or a powered wheel
chair.
   (c) State law does not authorize an assistive technology device to
be given to an individual with exceptional needs for whom the
assistive technology device was designed and assigned for use, when
the individual with exceptional needs ages out of his or her
eligibility for special education services under the federal
Individual with Disabilities Education Act (IDEA) (20 U.S.C. Sec.
1400 et seq.). This lack of authority has resulted in some assistive
technology devices that cannot be reassigned to another individual
with exceptional needs, due to its unique construction or design, to
be rendered useless.
   (d) It is the intent of the Legislature that in specified
circumstances, a special education local plan area or local
educational agency be authorized to sell or give an assistive
technology device to the individual with exceptional needs to whom it
was assigned when the individual with exceptional needs will lose
their IDEA eligibility.  
  SEC. 2.    Section 56363.2 is added to the
Education Code, to read:
   56363.2.  In accordance with Section 80.32 of Title 34 of the Code
of Federal Regulations, a local educational agency or special
education local plan area may retain, sell, or otherwise dispose of
an assistive technology device, as defined in Section 56020.5,
including, but not limited to, giving the assistive technology device
to the individual with exceptional needs to whom it was assigned, if
the local educational agency or special education local plan area
determines that the assistive technology device has a current
per-unit fair market value of less than five thousand dollars
($5,000) and is no longer needed by the local educational agency or
special education local plan area for other individuals with
exceptional needs.