California Senate Bill SB981 Latest Draft

 BILL NUMBER: SB 981AMENDED BILL TEXT AMENDED IN SENATE MARCH 14, 2012 INTRODUCED BY Senator Yee  (   Coauthor:   Senator   Correa   )   (   Coauthor:   Assembly Member   Hagman   )  JANUARY 23, 2012 An act to amend Section 301 of, and to add Section 303.5 to, the Public Utilities Code, relating to the Public Utilities Commission. LEGISLATIVE COUNSEL'S DIGEST SB 981, as amended, Yee. Public Utilities Commission: commissioners: executive employees. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, as defined. The qualifications and tenure of members of the commission are set forth in the California Constitution. Existing law prohibits a commissioner from holding an official relation to or having a financial interest in a person or corporation subject to regulation by the commission and requires the commission to adopt an updated Conflict of Interest Code and State of Incompatible Activities.    Existing law authorizes the commission to appoint an attorney to the commission to hold office during the pleasure of the commission.  Existing law provides for the comprehensive regulation of campaign financing, conflicts of interests of public officials, and lobbying. Existing law prohibits a designated employee of a state administrative agency, any officer, employee, or consultant of a state administrative agency holding a position that entails the making, or participation in making, of decisions that may foreseeably have a material effect on any financial interest, and a member of a state administrative agency, for a period of one year after leaving office of employment, to act as agent or attorney for, or otherwise represent, any other person, by making any formal or informal appearance, or by making any oral or written communication, before any state administrative agency, or officer or employee thereof, for which he or she worked or represented during the 12 months before leaving office of employment, if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. This bill would prospectively prohibit a commissioner  or   ,  executive employee of the commission, as defined,  or the attorney appointed by the commission,  for a period of 2 years after leaving the employment of the commission, from  becoming an employee of, or, for compensation, acting as the agent for, a public utility subject to the regulatory authority of the commission pursuant to the Public Utilities Act   representing, for compensation, any public utility, affiliate of a public utility, or other entity or person regulated by the commission by making any formal or informal appearance, or by making any oral or written communication, before the commission, or officer or employee thereof, if the appearance or communication is made for the purpose of influencing commission action  . The bill would prospectively prohibit the commission from hiring, as an executive employee of the commission,  or appointing as the attorney for the commission,  any person who, in the previous 2 years, was an  employee or agent, for compensation,   executive officer, as defined,  of a public utility subject to the regulatory authority of the commission pursuant to the Public Utilities Act. The bill would prospectively prohibit any person from holding the office of commissioner who, in the previous 2 years, was an  employee or agent, for compensation, for   executive officer of  a public utility subject to the regulatory authority of the commission pursuant to the Public Utilities Act.  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 the provisions of this bill would be a part of the act, the bill's restrictions on actions that may be undertaken upon leaving the commission 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.  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 301 of the Public Utilities Code is amended to read: 301. (a) The membership of the Public Utilities Commission, and the qualifications and tenure of the members of the commission are as provided in Section 1 of Article XII of the Constitution of this state. (b) No person shall hold the office of commissioner who,  in   during  the  previous  two years  prior to appointment  , was an  employee or agent, for compensation,   executive officer  of a public utility subject to the regulatory authority of the commission pursuant to this part.  For purposes of this subdivision, "executive officer" has the same meaning as defined in Section 451.5.  This prohibition shall  not  be applicable to those persons appointed by the Governor  beginning   before  January 1, 2013. SEC. 2. Section 303.5 is added to the Public Utilities Code, to read: 303.5. (a) For purposes of this section, an "executive employee of the commission" means all of the following persons: (1) Any chief of staff, executive assistant, or administrative assistant I for a commissioner. (2) The following advisors on the staff of a commissioner: any legal advisor or legal advisor II, rotational advisor, policy and planning advisor, energy efficiency and renewables advisor,  and  technical advisor and technical advisor II. (3) The executive director of the commission appointed pursuant to Section 308. (4) The following employees of the executive offices of the commission: a deputy executive director, policy and planning advisor, director of governmental affairs, communications director, government program analyst, associate governmental program analyst, public utilities regulatory analyst  V  ,  and  administrative assistant I.  (5) The attorney for the commission appointed pursuant to Sections 307.  (b) No commissioner, including the president,  or  executive employee of the commission  shall, for a period of two years after leaving the employment of the commission, become an employee of, or, for compensation, act as the agent for, a public utility subject to the regulatory authority of the commission pursuant to this part   , or the attorney for the commission appointed pursuant to Section 307, for a period of two years after leaving office or employment, shall, for compensation, act as agent or attorney for, or otherwise represent, any public utility, an affiliate of a public utility, or any other entity subject to regulation by the commission, by making any formal or informal appearance, or by making any oral or written communication, before the commission, or officer or employee thereof, if the appearance or communication   is made for the purpose of influencing commission action. For purposes of this subdivision, an appearance before the commission does not include an appearance in a court of law, an appearance before an administrative agency or administrative law judge of an administrative agency, or an appearance before the Workers' Compensation Appeals Board  . This prohibition shall  not  be applicable to a person  who becomes   hired as  an executive employee of the commission  after December 31, 2012   or appointed to be the attorney   for the commission before January 1, 2013  . (c) The commission shall not hire  any person  as an executive employee  , or appoint as the attorney for the commission, any person  who, in the previous two years, was an  employee or agent, for compensation,   executive officer  of a public utility subject to the regulatory authority of the commission pursuant to this part.  For purposes of this subdivision, "executive officer" has the   same meaning as defined in Section 451.5.  This prohibition shall be applicable to persons hired as executive employees of  , or appointed to be the attorney for,  the commission beginning January 1, 2013.  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.