California 2017 2017-2018 Regular Session

California Senate Bill SB273 Amended / Bill

Filed 03/20/2017

                    Amended IN  Senate  March 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 273Introduced by Senator HillFebruary 09, 2017An act to amend Section 1701.4 of, to amend and renumber Section 309.8 of, to add Sections 309.2, 315.2, 315.6, and 315.8 to, and to add and repeal Section 315.4 of, the Public Utilities Code, relating to utility service. An act to amend Section 302 of, and repeal Sections 303 and 1501 of, the Family Code, relating to marriage.LEGISLATIVE COUNSEL'S DIGESTSB 273, as amended, Hill. Public Utilities Commission: gas corporations: electrical corporations: safety. Marriage: minors.Existing law authorizes an unmarried person who is under 18 years of age to marry upon obtaining a court order granting permission and the written consent of at least one parent of each party to the marriage, as specified.This bill would instead provide that a person who is under 18 years of age is not capable of consenting to and consummating marriage and would prohibit that person from entering into a marriage. The bill would make conforming changes.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. The Public Utilities Act requires the 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 commission, investigation by it, and authorizes the commission to make any order or recommendation with respect to the investigation that it determines to be just and reasonable. 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 adopt a commissionwide gas corporation and electrical corporation safety program that includes specified elements and would authorize the commission to adopt an organizationwide safety program for other public utilities and specified nonutilities that are also subject to the commissions regulatory jurisdiction. The bill would require gas corporations and electrical corporations to have effective programs to continually identify safety hazards and to analyze, assess, and mitigate or eliminate safety risks. The bill would specify the safety-related responsibilities with respect to gas corporations and electrical corporations of various entities within the commission. The bill would require the commission to perform a detailed safety management assessment for each gas corporation and electrical corporation not less often than every 5 years and would require the commission to take official notice of the safety management assessment in relevant proceedings, including general rate cases. The bill would require the commission, by March 1, 2018, to contract with one or more consultants to determine the effectiveness of its internal safety communications and decisionmaking processes and the incentives for staff in primarily safety-related roles compared to the incentives and opportunities for attorneys, administrative law judges, and staff in primarily nonsafety, energy-policy-related roles.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 placing additional safety duties upon gas corporations and electrical corporations would be a part of the act, the bill would impose a state-mandated local program by creating a new crime.Existing law requires the commission to appoint an executive director who is responsible for the commissions executive and administrative duties and to organize, coordinate, supervise, and direct the operations and affairs of the commission and expedite all matters within the commissions jurisdiction. Existing law authorizes the executive director to employ those officers, administrative law judges, experts, engineers, statisticians, accountants, inspectors, clerks, and employees as the executive director deems necessary to carry out the provisions of the Public Utilities Act or to perform the duties and exercise the powers conferred upon the commission by law.This bill would require the executive director to provide an engineer to each commissioner to advise him or her on the technical aspects of safety and the technical aspects of other topics within the jurisdiction of the commission.The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. The Public Utilities Act requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy rulemakings and investigations which may establish rules affecting an entire industry. Existing law generally permits ex parte communications in quasi-legislative cases.The bill would require that any excess of formality in commission policy or administrative practice not be used to prevent commission staff from submitting findings and evidence relevant to safety into the quasi-legislative proceeding record or from presenting arguments to improve safety in quasi-legislative cases.Pursuant to its existing authority, the commission has issued an interim decision adopting a multiattribute approach and directing certain public utilities to take steps toward a more uniform risk management framework.This bill would void a specified order in that interim decision and direct the Safety and Enforcement Division and executive director of the commission to not implement that order.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YESNO  Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 302 of the Family Code is amended to read:302. (a)An unmarried person under 18 years of age is not capable of consenting to and consummating marriage upon obtaining a court order granting permission to the underage person or persons to and shall not marry.(b)The court order and written consent of at least one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.SEC. 2. Section 303 of the Family Code is repealed.303.If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry. The order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.SEC. 3. Section 1501 of the Family Code is repealed.1501.A minor may make a valid premarital agreement or other marital property agreement if the minor is emancipated or is otherwise capable of contracting marriage.

 Amended IN  Senate  March 20, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 273Introduced by Senator HillFebruary 09, 2017An act to amend Section 1701.4 of, to amend and renumber Section 309.8 of, to add Sections 309.2, 315.2, 315.6, and 315.8 to, and to add and repeal Section 315.4 of, the Public Utilities Code, relating to utility service. An act to amend Section 302 of, and repeal Sections 303 and 1501 of, the Family Code, relating to marriage.LEGISLATIVE COUNSEL'S DIGESTSB 273, as amended, Hill. Public Utilities Commission: gas corporations: electrical corporations: safety. Marriage: minors.Existing law authorizes an unmarried person who is under 18 years of age to marry upon obtaining a court order granting permission and the written consent of at least one parent of each party to the marriage, as specified.This bill would instead provide that a person who is under 18 years of age is not capable of consenting to and consummating marriage and would prohibit that person from entering into a marriage. The bill would make conforming changes.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. The Public Utilities Act requires the 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 commission, investigation by it, and authorizes the commission to make any order or recommendation with respect to the investigation that it determines to be just and reasonable. 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 adopt a commissionwide gas corporation and electrical corporation safety program that includes specified elements and would authorize the commission to adopt an organizationwide safety program for other public utilities and specified nonutilities that are also subject to the commissions regulatory jurisdiction. The bill would require gas corporations and electrical corporations to have effective programs to continually identify safety hazards and to analyze, assess, and mitigate or eliminate safety risks. The bill would specify the safety-related responsibilities with respect to gas corporations and electrical corporations of various entities within the commission. The bill would require the commission to perform a detailed safety management assessment for each gas corporation and electrical corporation not less often than every 5 years and would require the commission to take official notice of the safety management assessment in relevant proceedings, including general rate cases. The bill would require the commission, by March 1, 2018, to contract with one or more consultants to determine the effectiveness of its internal safety communications and decisionmaking processes and the incentives for staff in primarily safety-related roles compared to the incentives and opportunities for attorneys, administrative law judges, and staff in primarily nonsafety, energy-policy-related roles.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 placing additional safety duties upon gas corporations and electrical corporations would be a part of the act, the bill would impose a state-mandated local program by creating a new crime.Existing law requires the commission to appoint an executive director who is responsible for the commissions executive and administrative duties and to organize, coordinate, supervise, and direct the operations and affairs of the commission and expedite all matters within the commissions jurisdiction. Existing law authorizes the executive director to employ those officers, administrative law judges, experts, engineers, statisticians, accountants, inspectors, clerks, and employees as the executive director deems necessary to carry out the provisions of the Public Utilities Act or to perform the duties and exercise the powers conferred upon the commission by law.This bill would require the executive director to provide an engineer to each commissioner to advise him or her on the technical aspects of safety and the technical aspects of other topics within the jurisdiction of the commission.The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. The Public Utilities Act requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy rulemakings and investigations which may establish rules affecting an entire industry. Existing law generally permits ex parte communications in quasi-legislative cases.The bill would require that any excess of formality in commission policy or administrative practice not be used to prevent commission staff from submitting findings and evidence relevant to safety into the quasi-legislative proceeding record or from presenting arguments to improve safety in quasi-legislative cases.Pursuant to its existing authority, the commission has issued an interim decision adopting a multiattribute approach and directing certain public utilities to take steps toward a more uniform risk management framework.This bill would void a specified order in that interim decision and direct the Safety and Enforcement Division and executive director of the commission to not implement that order.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YESNO  Local Program: YESNO 

 Amended IN  Senate  March 20, 2017

Amended IN  Senate  March 20, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 273

Introduced by Senator HillFebruary 09, 2017

Introduced by Senator Hill
February 09, 2017

An act to amend Section 1701.4 of, to amend and renumber Section 309.8 of, to add Sections 309.2, 315.2, 315.6, and 315.8 to, and to add and repeal Section 315.4 of, the Public Utilities Code, relating to utility service. An act to amend Section 302 of, and repeal Sections 303 and 1501 of, the Family Code, relating to marriage.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 273, as amended, Hill. Public Utilities Commission: gas corporations: electrical corporations: safety. Marriage: minors.

Existing law authorizes an unmarried person who is under 18 years of age to marry upon obtaining a court order granting permission and the written consent of at least one parent of each party to the marriage, as specified.This bill would instead provide that a person who is under 18 years of age is not capable of consenting to and consummating marriage and would prohibit that person from entering into a marriage. The bill would make conforming changes.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. The Public Utilities Act requires the 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 commission, investigation by it, and authorizes the commission to make any order or recommendation with respect to the investigation that it determines to be just and reasonable. 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 adopt a commissionwide gas corporation and electrical corporation safety program that includes specified elements and would authorize the commission to adopt an organizationwide safety program for other public utilities and specified nonutilities that are also subject to the commissions regulatory jurisdiction. The bill would require gas corporations and electrical corporations to have effective programs to continually identify safety hazards and to analyze, assess, and mitigate or eliminate safety risks. The bill would specify the safety-related responsibilities with respect to gas corporations and electrical corporations of various entities within the commission. The bill would require the commission to perform a detailed safety management assessment for each gas corporation and electrical corporation not less often than every 5 years and would require the commission to take official notice of the safety management assessment in relevant proceedings, including general rate cases. The bill would require the commission, by March 1, 2018, to contract with one or more consultants to determine the effectiveness of its internal safety communications and decisionmaking processes and the incentives for staff in primarily safety-related roles compared to the incentives and opportunities for attorneys, administrative law judges, and staff in primarily nonsafety, energy-policy-related roles.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 placing additional safety duties upon gas corporations and electrical corporations would be a part of the act, the bill would impose a state-mandated local program by creating a new crime.Existing law requires the commission to appoint an executive director who is responsible for the commissions executive and administrative duties and to organize, coordinate, supervise, and direct the operations and affairs of the commission and expedite all matters within the commissions jurisdiction. Existing law authorizes the executive director to employ those officers, administrative law judges, experts, engineers, statisticians, accountants, inspectors, clerks, and employees as the executive director deems necessary to carry out the provisions of the Public Utilities Act or to perform the duties and exercise the powers conferred upon the commission by law.This bill would require the executive director to provide an engineer to each commissioner to advise him or her on the technical aspects of safety and the technical aspects of other topics within the jurisdiction of the commission.The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. The Public Utilities Act requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy rulemakings and investigations which may establish rules affecting an entire industry. Existing law generally permits ex parte communications in quasi-legislative cases.The bill would require that any excess of formality in commission policy or administrative practice not be used to prevent commission staff from submitting findings and evidence relevant to safety into the quasi-legislative proceeding record or from presenting arguments to improve safety in quasi-legislative cases.Pursuant to its existing authority, the commission has issued an interim decision adopting a multiattribute approach and directing certain public utilities to take steps toward a more uniform risk management framework.This bill would void a specified order in that interim decision and direct the Safety and Enforcement Division and executive director of the commission to not implement that order.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.

Existing law authorizes an unmarried person who is under 18 years of age to marry upon obtaining a court order granting permission and the written consent of at least one parent of each party to the marriage, as specified.

This bill would instead provide that a person who is under 18 years of age is not capable of consenting to and consummating marriage and would prohibit that person from entering into a marriage. The bill would make conforming changes.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. The Public Utilities Act requires the 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 commission, investigation by it, and authorizes the commission to make any order or recommendation with respect to the investigation that it determines to be just and reasonable. 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 adopt a commissionwide gas corporation and electrical corporation safety program that includes specified elements and would authorize the commission to adopt an organizationwide safety program for other public utilities and specified nonutilities that are also subject to the commissions regulatory jurisdiction. The bill would require gas corporations and electrical corporations to have effective programs to continually identify safety hazards and to analyze, assess, and mitigate or eliminate safety risks. The bill would specify the safety-related responsibilities with respect to gas corporations and electrical corporations of various entities within the commission. The bill would require the commission to perform a detailed safety management assessment for each gas corporation and electrical corporation not less often than every 5 years and would require the commission to take official notice of the safety management assessment in relevant proceedings, including general rate cases. The bill would require the commission, by March 1, 2018, to contract with one or more consultants to determine the effectiveness of its internal safety communications and decisionmaking processes and the incentives for staff in primarily safety-related roles compared to the incentives and opportunities for attorneys, administrative law judges, and staff in primarily nonsafety, energy-policy-related roles.



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 placing additional safety duties upon gas corporations and electrical corporations would be a part of the act, the bill would impose a state-mandated local program by creating a new crime.



Existing law requires the commission to appoint an executive director who is responsible for the commissions executive and administrative duties and to organize, coordinate, supervise, and direct the operations and affairs of the commission and expedite all matters within the commissions jurisdiction. Existing law authorizes the executive director to employ those officers, administrative law judges, experts, engineers, statisticians, accountants, inspectors, clerks, and employees as the executive director deems necessary to carry out the provisions of the Public Utilities Act or to perform the duties and exercise the powers conferred upon the commission by law.



This bill would require the executive director to provide an engineer to each commissioner to advise him or her on the technical aspects of safety and the technical aspects of other topics within the jurisdiction of the commission.



The California Constitution authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. The Public Utilities Act requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy rulemakings and investigations which may establish rules affecting an entire industry. Existing law generally permits ex parte communications in quasi-legislative cases.



The bill would require that any excess of formality in commission policy or administrative practice not be used to prevent commission staff from submitting findings and evidence relevant to safety into the quasi-legislative proceeding record or from presenting arguments to improve safety in quasi-legislative cases.



Pursuant to its existing authority, the commission has issued an interim decision adopting a multiattribute approach and directing certain public utilities to take steps toward a more uniform risk management framework.



This bill would void a specified order in that interim decision and direct the Safety and Enforcement Division and executive director of the commission to not implement that order.



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.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 302 of the Family Code is amended to read:302. (a)An unmarried person under 18 years of age is not capable of consenting to and consummating marriage upon obtaining a court order granting permission to the underage person or persons to and shall not marry.(b)The court order and written consent of at least one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.SEC. 2. Section 303 of the Family Code is repealed.303.If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry. The order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.SEC. 3. Section 1501 of the Family Code is repealed.1501.A minor may make a valid premarital agreement or other marital property agreement if the minor is emancipated or is otherwise capable of contracting marriage.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 302 of the Family Code is amended to read:302. (a)An unmarried person under 18 years of age is not capable of consenting to and consummating marriage upon obtaining a court order granting permission to the underage person or persons to and shall not marry.(b)The court order and written consent of at least one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.

SECTION 1. Section 302 of the Family Code is amended to read:

### SECTION 1.

302. (a)An unmarried person under 18 years of age is not capable of consenting to and consummating marriage upon obtaining a court order granting permission to the underage person or persons to and shall not marry.(b)The court order and written consent of at least one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.

302. (a)An unmarried person under 18 years of age is not capable of consenting to and consummating marriage upon obtaining a court order granting permission to the underage person or persons to and shall not marry.(b)The court order and written consent of at least one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.

302. (a)An unmarried person under 18 years of age is not capable of consenting to and consummating marriage upon obtaining a court order granting permission to the underage person or persons to and shall not marry.(b)The court order and written consent of at least one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.



302. (a)An unmarried person under 18 years of age is not capable of consenting to and consummating marriage upon obtaining a court order granting permission to the underage person or persons to and shall not marry.

(b)The court order and written consent of at least one of the parents or the guardian of each underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.



SEC. 2. Section 303 of the Family Code is repealed.303.If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry. The order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.

SEC. 2. Section 303 of the Family Code is repealed.

### SEC. 2.

303.If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry. The order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.



If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry. The order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county clerk at the time the marriage license is issued.



SEC. 3. Section 1501 of the Family Code is repealed.1501.A minor may make a valid premarital agreement or other marital property agreement if the minor is emancipated or is otherwise capable of contracting marriage.

SEC. 3. Section 1501 of the Family Code is repealed.

### SEC. 3.

1501.A minor may make a valid premarital agreement or other marital property agreement if the minor is emancipated or is otherwise capable of contracting marriage.



A minor may make a valid premarital agreement or other marital property agreement if the minor is emancipated or is otherwise capable of contracting marriage.