California Assembly Bill AB415 Amended / Bill

 BILL NUMBER: AB 415AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 3, 2013 INTRODUCED BY Assembly Member Garcia FEBRUARY 15, 2013 An act to add Section 2120 to the Public Utilities Code, relating to public utilities. LEGISLATIVE COUNSEL'S DIGEST AB 415, as amended, Garcia. Public utilities: Public Utilities Act: violation: defense. 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. The Public Utilities Act regulates specified public utilities. A violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime. This bill would  establish   provide that evidence of  a reasonable good faith reliance  defense, as specified, to   upon advice directly provided by the commission staff is to be considered by the commission only for the purposes of determining the appropriate penalty to impose in  an enforcement action by the commission pursuant to the act or an order, decision, rule, direction, demand, or requirement of the commission.  The bill would prohibit the commission from commencing or maintaining an adjudication or other enforcement action or proceeding against an entity if that entity has relied, in good faith, on the advice or direction of the staff of the commission. The bill would provide that this defense does not apply to an action alleging a violation of the act that led, or could have directly led, to harm of humans.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2120 is added to the Public Utilities Code, to read: 2120. (a)  A   Evidence of a  reasonable good faith reliance upon  the direction and   the  advice  of   directly provided by  commission staff  is a defense to   shall be considered by the commission only for the purposes of determining the appropriate penalty to be imposed in  an enforcement action brought by the commission pursuant to this part or pursuant to an order, decision, rule, direction, demand, or requirement of the commission.  (b) The commission shall not commence or maintain an adjudication or other enforcement action or proceeding against a public utility, or other person or corporation over which the commission has or claims authority or jurisdiction, to fine, hold in contempt, or otherwise punish or issue an order against the public utility, or other person or corporation for a violation of this part, or a rule or order adopted by the commission pursuant to this part, if the public utility, or other person or corporation that has relied, in good faith, on the advice or direction of staff of the commission to whom the public utility, or other person or corporation was directed, in writing, to consult on behalf of the commission.   (c)   (b)  For the purpose of this section, "reasonable good faith reliance" means a reasonable belief that the action of an entity, acting on the direction and advice of the staff of the commission, is legal and consistent with the direction and advice provided.  (d) This section does not apply to an enforcement action that is directly related to an action alleging a violation that led, or could have directly led, to harm of humans.