Bill Text: CA SB1165 | 2011-2012 | Regular Session | Amended
Bill Title: Public Utilities Commission: intervenor compensation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-05-24 - Held in committee and under submission. [SB1165 Detail]
Download: California-2011-SB1165-Amended.html
BILL NUMBER: SB 1165 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 27, 2012
INTRODUCED BY Senator Wright
FEBRUARY 22, 2012
An act to amend Section 487 of the Business and
Professions Code, relating to professions and vocations
1802 of the Public Utilities Code, relating to the Public
Utilities Commission .
LEGISLATIVE COUNSEL'S DIGEST
SB 1165, as amended, Wright. Denial of license.
Public Utilities Commission: intervenor compensation.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities and can establish its own
procedures, subject to statutory limitations or directions and
constitutional requirements of due process. Existing law provides
compensation for reasonable advocate's fees, reasonable expert
witness fees, and other reasonable costs to public utility customers,
as defined, for participation or intervention in any proceeding of
the commission based upon specified criteria.
This bill would include a school district, county office of
education, or community college district in the definition of a
customer that may apply for intervenor compensation.
Existing law provides for the licensure, regulation, and
discipline of various professions and vocations. These provisions are
administered by the boards and examining committees established
within the Department of Consumer Affairs. Existing law provides that
a licensing authority may deny a license to an applicant for
specified reasons.
Existing law provides that an applicant may request a hearing with
the licensing authority to reconsider the decision to deny the
license. Such a hearing must be held within 90 days of the request,
except as specified.
This bill would require the licensing authority to send notice of
the hearing date to the applicant within 30 days of receiving the
request for a hearing.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1802 of the Public
Utilities Code is amended to read:
1802. As used in this article:
(a) "Compensation" means payment for all or part, as determined by
the commission, of reasonable advocate's fees, reasonable expert
witness fees, and other reasonable costs of preparation for and
participation in a proceeding, and includes the fees and costs of
obtaining an award under this article and of obtaining judicial
review, if any.
(b) (1) "Customer" means any of the following:
(A) A participant representing consumers, customers, or
subscribers of any electrical, gas, telephone, telegraph, or water
corporation that is subject to the jurisdiction of the commission.
(B) A representative who has been authorized by a customer.
(C) A representative of a group or organization authorized
pursuant to its articles of incorporation or bylaws to represent the
interests of residential customers, or to represent small commercial
customers who receive bundled electric service from an electrical
corporation.
(D) A school district, county office of education, or community
college district.
(2) "Customer" does not include any state, federal, or local
government agency, any publicly owned public utility, or any entity
that, in the commission's opinion, was established or formed by a
local government entity for the purpose of participating in a
commission proceeding.
(c) "Expert witness fees" means recorded or billed costs incurred
by a customer for an expert witness.
(d) "Other reasonable costs" means reasonable out-of-pocket
expenses directly incurred by a customer that are directly related to
the contentions or recommendations made by the customer that
resulted in a substantial contribution.
(e) "Party" means any interested party, respondent public utility,
or commission staff in a hearing or proceeding.
(f) "Proceeding" means an application, complaint, or
investigation, rulemaking, alternative dispute resolution procedures
in lieu of formal proceedings as may be sponsored or endorsed by the
commission, or other formal proceeding before the commission.
(g) "Significant financial hardship" means either that the
customer cannot afford, without undue hardship, to pay the costs of
effective participation, including advocate's fees, expert witness
fees, and other reasonable costs of participation, or that, in the
case of a group or organization, the economic interest of the
individual members of the group or organization is small in
comparison to the costs of effective participation in the proceeding.
(h) "Small commercial customer" means any nonresidential customer
with a maximum peak demand of less than 50 kilowatts. The commission
may establish rules to modify or change the definition of "small
commercial customer," including use of criteria other than a peak
demand threshold, if the commission determines that the modification
or change will promote participation in proceedings at the commission
by organizations representing small businesses, without
incorporating large commercial and industrial customers.
(i) "Substantial contribution" means that, in the judgment of the
commission, the customer's presentation has substantially assisted
the commission in the making of its order or decision because the
order or decision has adopted in whole or in part one or more factual
contentions, legal contentions, or specific policy or procedural
recommendations presented by the customer. Where the customer's
participation has resulted in a substantial contribution, even if the
decision adopts that customer's contention or recommendations only
in part, the commission may award the customer compensation for all
reasonable advocate's fees, reasonable expert fees, and other
reasonable costs incurred by the customer in preparing or presenting
that contention or recommendation.
SECTION 1. Section 487 of the Business and
Professions Code is amended to read:
487. (a) If a hearing is requested by the applicant, the board
shall conduct the hearing within 90 days from the date the hearing is
requested unless the applicant shall request or agree in writing to
a postponement or continuance of the hearing. Notwithstanding the
above, the Office of Administrative Hearings may order, or on a
showing of good cause, grant a request for, up to 45 additional days
within which to conduct a hearing, except in cases involving alleged
examination or licensing fraud, in which cases the period may be up
to 180 days. In no case shall more than two such orders be made or
requests be granted.
(b) Notice of the scheduled hearing date shall be sent to the
applicant by the board within 30 days of receipt of the request for
hearing.
