Bill Text: CA SB291 | 2013-2014 | Regular Session | Amended

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

---

Bill Title: Public Utilities Commission: safety enforcement: gas and electrical corporations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-05 - Chaptered by Secretary of State. Chapter 601, Statutes of 2013. [SB291 Detail]

Download: California-2013-SB291-Amended.html

---

BILL NUMBER: SB 291	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 25, 2013

INTRODUCED BY   Senator Hill

                        FEBRUARY 14, 2013

   An act to add Section 1702.5 to the Public Utilities Code,
relating to the Public Utilities Commission.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 291, as amended, Hill. Public Utilities Commission: safety
enforcement: gas and electrical corporations.
   Under existing law, the Public Utilities Commission  (PUC)
 has regulatory authority over public utilities, including
gas corporations and electrical corporations, as defined. The Public
Utilities Act requires the  PUC   commission
 to investigate the cause of all accidents occurring upon the
property of any public utility or directly or indirectly arising from
or connected with its maintenance or operation, resulting in loss of
life or injury to person or property and requiring, in the judgment
of the  PUC   commission  , investigation
by it, and authorizes the  PUC   commission
 to make any order or recommendation with respect to the
investigation that it determines to be just and reasonable. The act
additionally authorizes the  PUC   commission
 to ascertain and fix just and reasonable standards,
classifications, regulations, practices, measurements, or services to
be furnished, imposed, observed, and followed by specified public
utilities, including electrical and gas corporations. Existing law
authorizes the  PUC   commission  to issue
and serve citations in the enforcement of certain pipeline safety
laws applicable to mobilehome park gas delivery systems and propane
operators.
   This bill would require the PUC   commission,
in an existing or new proceeding,  to develop and implement
 a safety enforcement program that includes  procedures for
issuance of citations by  PUC   commission 
staff, under the direction of the Executive Director of the 
PUC   commission  , to gas corporations and
electrical corporations for correction and punishment of safety
violations. The bill would require the  PUC  
commission  to develop and implement an appeals process to
govern issuance and appeal of citations  , or resolution of
corrective action orders. The bill would require the commission to
implement the safety enforcement program for gas safety by July 1,
2014, and for electric safety by January 1, 2015  .
   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 1702.5 is added to the Public Utilities Code,
to read:
   1702.5.  (a) The commission shall  , in an existing or new
proceeding, develop and implement  procedures for
issuance of citations by commission staff, under the direction of the
Executive Director,   a safety enforcement program
applicable  to gas corporations and electrical corporations
 for correction and punishment of safety violations 
 ,   which includes procedures for issuance of
citations by commission staff, under the direction of the Executive
Director. The enforcement program shall be designed to improve gas
and electric system safety through the enforcement of applicable law,
or order or rule of the commission related to safety using a variety
of enforcement mechanisms, including the issuance of corrective
actions, orders, and citations by designated commission staff  .

   (1) When issuing citations and assessing penalties, the commission
staff shall take into account voluntary removal or resolution
efforts undertaken, the prior history of violations, the gravity of
the violation, and the degree of culpability.  
   (2) The procedures shall include, but are not limited to,
providing notice of violation and a reasonable period, not to exceed
30 calendar days, for the respondent to correct the violation, to
allow one or more hearings within 60 days of being a citation at the
request of the respondent.  
   (3) The commission shall adopt an administrative limit on the
amount of monetary penalty that may be set by commission staff. 

   (b) The commission shall develop and implement an appeals process
to govern the issuance and appeal of citations  or resolution of
corrective action orders  issued by the commission  staff
 . 
   (c) The commission shall, within a reasonable time set by the
commission, conclude a safety enforcement action by determining a
finding of violation, by corrective action order, citation,
determination of no violation, or other action. The commission may
institute a formal proceeding regarding the alleged violation
regardless of any enforcement action taken at the commission staff
level.  
   (d) The commission shall implement the safety enforcement program
for gas safety by July 1, 2014, and the safety enforcement program
for electric safety no later than January 1, 2015.