Bill Text: CA ACA9 | 2025-2026 | Regular Session | Amended

California Assembly Constitutional Amendment 9

Bill Title: Public Utilities Commission.

Sponsorship: Bipartisan Bill

Status: (Engrossed) 2026-06-08 - In committee: Set, first hearing. Hearing canceled at the request of author. [ACA9 Detail]

Download: California-2025-ACA9-Amended.html

Amended IN Senate May 28, 2026

Amended IN Assembly April 14, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Constitutional Amendment

No. 9

Introduced by Assembly Member Boerner
(Coauthor: Assembly Member Patterson)

March 04, 2025

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 1, 3, and 6 of, and by repealing Section 2 of, Article XII thereof, relating to public utilities.

LEGISLATIVE COUNSEL'S DIGEST

ACA 9, as amended, Boerner. Public Utilities Commission.

The California Constitution establishes the Public Utilities Commission consisting of 5 members appointed by the Governor and approved by the Senate. The constitution authorizes the commission to establish its own procedures, subject to statute and due process, and authorizes a commissioner designated by the commission to hold a hearing or investigation or issue an order, subject to the commission’s approval. The constitution also authorizes the commission to fix the rates of all public utilities subject to its jurisdiction.

This measure would increase the membership of the commission to 9 ~~members, and would require the Governor to appoint 5 members and~~ members with the Senate Committee on Rules and the Speaker of the Assembly to each ~~appoint~~ appointing 2 additional members. The measure would repeal the authorization for the commission to establish its own procedures and for a commissioner designated by the commission to hold a hearing or investigation or issue an order. The measure would require the commission, in fixing rates, to consider the affordability of rates.

The California Constitution requires private corporations and persons that own, operate, control, or manage a line, plant, or system for the transmission of telephone and telegraph messages to be public utilities subject to control by the Legislature. The constitution authorizes the Legislature to prescribe additional classes of private corporations or other persons as public utilities.

This measure would repeal the requirement that private corporations and persons that own, operate, control, or manage a line, plant, or system for the transmission of telephone and telegraphs messages be public utilities. The measure would authorize the Legislature to prescribe the duties, functions, and jurisdiction of the commission relating to telephone corporations, telecommunications service, and broadband service, including, but not limited to, by reassigning the commission’s duties to another state entity.

Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2025–26 Regular Session commencing on the second day of December 2024, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

First—

(a) In repealing Section 2 of Article XII of the California Constitution, it is the intent of the Legislature to remove that provision as a constitutional provision and, in a separate measure, to recodify that provision as a statutory provision in the Public Utilities Code.

(b) In amending Section 3 of Article XII of the California Constitution, it is not the intent of the Legislature to limit or affect the authority of the Legislature to prescribe, by statute, additional classes of private corporations or other persons, including those that own, operate, control, or manage the transmission of telephone and telegraph messages, as public utilities.

(c) It is the intent of the people to establish, on or before January 1, 2028, an entity within state government, separate from the Public Utilities Commission, for purposes of promoting ubiquitous and universal broadband infrastructure deployment across the state, increasing broadband adoption throughout the state for the benefit of all Californians, and promoting a competitive broadband market to advance technological innovation.

Second—

That Section 1 of Article XII thereof is amended to read:

SECTION 1.

(a) The Public Utilities Commission consists of nine members serving staggered six-year terms. A vacancy is filled for the remainder of the term. The Legislature may remove a member for incompetence, neglect of duty, or corruption, two-thirds of the membership of each house concurring.

(b) (1) Five members of the commission shall be appointed by the ~~Governor,~~ Governor and approved by the Senate, a majority of the membership concurring, two members shall be appointed by the Senate Committee on Rules, and two members shall be appointed by the Speaker of the Assembly.

(2) A member of the commission, as of the effective date of this subdivision, shall remain a commissioner until the commissioner resigns, the commissioner’s term expires, or the commissioner is removed pursuant to subdivision (a).

(c) Of the four members of the commission that are added on the effective date of this subdivision, two members shall be appointed by the Senate Committee on Rules and two members shall be appointed by the Speaker of the Assembly.

(d) The Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall appoint a replacement commissioner for a member of the commission who resigns, whose term expires, or who is removed pursuant to subdivision (a), and who was appointed by that same appointing authority.

Third—

That Section 2 of Article XII thereof is repealed.

Fourth—

That Section 3 of Article XII thereof is amended to read:

SEC. 3.

(a) Private corporations and persons that own, operate, control, or manage a line, plant, or system for the transportation of people or property, or the production, generation, transmission, or furnishing of heat, light, water, power, storage, or wharfage directly or indirectly to or for the public, and common carriers, are public utilities subject to control by the Legislature. The Legislature may prescribe that additional classes of private corporations or other persons are public utilities.

(b) The Legislature may prescribe the duties, functions, and jurisdiction of the Public Utilities Commission relating to telephone corporations, telecommunications service, and broadband service, including, but not limited to, by reassigning the commission’s duties to another state entity.

Fifth—

That Section 6 of Article XII thereof is amended to read:

SEC. 6.

The commission may fix rates, establish rules, examine records, issue subpoenas, administer oaths, take testimony, punish for contempt, and prescribe a uniform system of accounts for all public utilities subject to its jurisdiction. In fixing rates, the commission shall consider the affordability of rates.