California Senate Bill SB1049 Amended / Bill

 BILL NUMBER: SB 1049AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 15, 2016 AMENDED IN SENATE MAY 27, 2016 AMENDED IN SENATE APRIL 11, 2016 INTRODUCED BY Senator Hill FEBRUARY 12, 2016  An act to amend Section 316 of the Public Utilities Code, relating to energy public utilities.   An act to add Section 326 to the Public Utilities Code, relating to the Public Utilities Commission.  LEGISLATIVE COUNSEL'S DIGEST SB 1049, as amended, Hill.  Electrical corporations and gas corporations: accident investigations.   Public Utilities Commission: close call reporting program.   Under existing law, the Public Utilities Commission has regulatory authority over public utilities. The California Constitution authorizes the commission to establish rules for all public utilities, subject to control by the Legislature.   This bill would require the commission to establish procedures and processes to implement a confidential, nonpunitive, and independent close call reporting program for purposes of facilitating the identification of accident precursors by persons familiar with public utility operations and of collecting, analyzing, and disseminating unbiased safety information. The bill would authorize any person to voluntarily submit through the program a confidential close call report that both involves a public utility and relates to public, employee, or contractor safety.   Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. The Natural Gas Pipeline Safety Act of 2011 requires each gas corporation to develop a plan, as specified, for the safe and reliable operation of its commission-regulated gas pipeline facility, as defined. Existing law requires the commission to adopt inspection, maintenance, repair, and replacement standards for the distribution systems of electrical corporations in order to provide high-quality, safe, and reliable service. Existing law requires every electrical corporation to cooperate fully with the commission in an investigation into any major accident or any reportable incident, as defined by the commission, concerning overhead electric supply facilities, regardless of pending litigation or other investigations, including those that may be related to a commission investigation. Existing law requires every electrical corporation, after the scene of the incident has been made safe and service has been restored, to provide the commission, upon its request, immediate access to specified evidence, information, and documents, including any and all documents under the electrical corporation's control that are related to the incident and are not subject to attorney-client privilege or attorney work product doctrine.   This bill would require every electrical corporation to cooperate fully with the commission in an investigation into any major accident or any reportable incident concerning any electric supply facilities, rather than only overhead electric supply facilities. The bill would make the above-described requirements that are currently applicable to an electrical corporation additionally applicable to gas corporations, but would permit all of these corporations to postpone commission access to the specified evidence, information, and documents until after service restoration only in the case of a major outage. The bill would provide that facts, information, or documents that concern, discuss, or analyze an accident or a failure involving electrical corporation or gas corporation facilities, but that themselves are not privileged or subject to the attorney work product doctrine, may not be withheld from the commission on the basis that they are or were referenced or discussed in a communication with counsel or incorporated into an attorney's work product.   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 and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill 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: yes. State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 326 is added to the   Public Utilities Code  , to read:   326. (a) The commission shall establish procedures and processes to implement a confidential, nonpunitive, and independent close call reporting program for purposes of facilitating the identification of accident precursors by persons familiar with public utility operations, including, but not limited to, public utility employees and contractors, and of collecting, analyzing, and disseminating unbiased safety information. Through the program, any person, including, but not limited to, a public utility employee or contractor or a member of the public, may voluntarily submit a confidential close call report that both involves a public utility and relates to public, employee, or contractor safety. (b) The commission shall not use a report pursuant to subdivision (a) or information derived therefrom, except for information concerning an accident or criminal offense, in an enforcement action. The commission may establish additional exceptions to this subdivision. (c) The commission may contract with a third party to administer the program. (d) A public utility employee or the employee of a contractor performing work for a public utility shall not be subject to demotion, discharge, or any other form of retaliation or discrimination for participating in the close call reporting program established pursuant to this section.   SECTION 1.   Section 316 of the Public Utilities Code is amended to read: 316. (a) Each electrical corporation and gas corporation shall cooperate fully with the commission in an investigation into any major accident or any reportable incident, as these terms are defined by the commission, concerning electric supply facilities and commission-regulated gas pipeline facilities, regardless of pending litigation or other investigations, including, but not limited to, those that may be related to a commission investigation. (b) After the scene of the incident has been made safe and, in the case of a major outage, service has been restored, each electrical corporation and gas corporation shall provide the commission, upon its request, immediate access to all of the following: (1) Any factual or physical evidence under the electrical or gas corporation's, or its agent's, physical control, custody, or possession related to the incident. (2) The name and contact information of any known percipient witness. (3) Any employee percipient witness under the electrical or gas corporation's control. (4) The name and contact information of any person or entity that has taken possession of any physical evidence removed from the site of the incident. (5) Any and all documents under the electrical or gas corporation' s control that are related to the incident and are not subject to attorney-client privilege or the attorney work product doctrine. Facts, information, or documents that concern, discuss, or analyze an accident or a failure involving utility facilities, but that themselves are not privileged or subject to the attorney work product doctrine, may not be withheld from the commission on the basis that they are or were referenced or discussed in a communication with counsel or incorporated into an attorney's work product. (c) Each electrical corporation and gas corporation shall preserve any and all documents or evidence it collects as part of its own investigation related to the incident for at least five years or a shorter period of time as authorized by the commission. (d) Any and all documents collected by an electrical corporation or gas corporation pursuant to this section shall be catalogued and preserved in an accessible manner for assessment by commission investigators as determined by the commission.   SEC. 2.   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.