California 2025 2025-2026 Regular Session

California Assembly Bill AB705 Introduced / Bill

Filed 02/14/2025

                    CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 705Introduced by Assembly Member BoernerFebruary 14, 2025 An act to amend Sections 1701 and 1701.5 of the Public Utilities Code, relating to the Public Utilities Commission. LEGISLATIVE COUNSEL'S DIGESTAB 705, as introduced, Boerner. Public Utilities Commission.The California Constitution vests the Public Utilities Commission with regulatory authority over public utilities and authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires that the commissions hearings, investigations, and proceedings be governed, in part, by the commissions rules of practice and procedure, as specified.This bill would make nonsubstantive changes to that requirement and state the intent of the Legislature to adopt further revisions to those provisions.Existing law requires the commission to determine whether each proceeding is a quasi-legislative, an adjudication, a ratesetting, or a catastrophic wildfire proceeding. Existing law requires the commission to resolve the issues raised in a ratesetting or quasi-legislative case scoping memo within 18 months of the date on which the scoping memo is issued, except in two specified circumstances. One of those exceptions is satisfied if the commission makes a written determination that the deadline cannot be met, including findings as to the reason, and issues an order extending the deadline.This bill would eliminate that exception to the requirement that the commission resolve the issues raised in the scoping memo within 18 months.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1701 of the Public Utilities Code is amended to read:1701. (a) All hearings, investigations, and proceedings shall be governed by this part and by the rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No An informality in any a hearing, investigation, or proceeding or in the manner of taking testimony shall not invalidate any an order, decision, or rule made, approved, or confirmed by the commission.(b) Notwithstanding Section 11425.10 of the Government Code, Articles 1 to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.(c) It is the intent of the Legislature to adopt further revisions to this section. SEC. 2. Section 1701.5 of the Public Utilities Code is amended to read:1701.5. (a) Except as specified in subdivision (b), in a ratesetting or quasi-legislative case, the commission shall resolve the issues raised in the scoping memo within 18 months of the date the proceeding is initiated, unless the commission makes a written determination that the deadline cannot be met, including findings as to the reason, and issues an order extending the deadline. initiated.(b) Notwithstanding subdivision (a), the commission may specify in a scoping memo a resolution date later than 18 months from the date the proceeding is initiated, if that scoping memo includes specific reasons for the necessity of a later date and the commissioner assigned to the case approves the date.

 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 705Introduced by Assembly Member BoernerFebruary 14, 2025 An act to amend Sections 1701 and 1701.5 of the Public Utilities Code, relating to the Public Utilities Commission. LEGISLATIVE COUNSEL'S DIGESTAB 705, as introduced, Boerner. Public Utilities Commission.The California Constitution vests the Public Utilities Commission with regulatory authority over public utilities and authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires that the commissions hearings, investigations, and proceedings be governed, in part, by the commissions rules of practice and procedure, as specified.This bill would make nonsubstantive changes to that requirement and state the intent of the Legislature to adopt further revisions to those provisions.Existing law requires the commission to determine whether each proceeding is a quasi-legislative, an adjudication, a ratesetting, or a catastrophic wildfire proceeding. Existing law requires the commission to resolve the issues raised in a ratesetting or quasi-legislative case scoping memo within 18 months of the date on which the scoping memo is issued, except in two specified circumstances. One of those exceptions is satisfied if the commission makes a written determination that the deadline cannot be met, including findings as to the reason, and issues an order extending the deadline.This bill would eliminate that exception to the requirement that the commission resolve the issues raised in the scoping memo within 18 months.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION

 Assembly Bill 

No. 705

Introduced by Assembly Member BoernerFebruary 14, 2025

Introduced by Assembly Member Boerner
February 14, 2025

 An act to amend Sections 1701 and 1701.5 of the Public Utilities Code, relating to the Public Utilities Commission. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 705, as introduced, Boerner. Public Utilities Commission.

The California Constitution vests the Public Utilities Commission with regulatory authority over public utilities and authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires that the commissions hearings, investigations, and proceedings be governed, in part, by the commissions rules of practice and procedure, as specified.This bill would make nonsubstantive changes to that requirement and state the intent of the Legislature to adopt further revisions to those provisions.Existing law requires the commission to determine whether each proceeding is a quasi-legislative, an adjudication, a ratesetting, or a catastrophic wildfire proceeding. Existing law requires the commission to resolve the issues raised in a ratesetting or quasi-legislative case scoping memo within 18 months of the date on which the scoping memo is issued, except in two specified circumstances. One of those exceptions is satisfied if the commission makes a written determination that the deadline cannot be met, including findings as to the reason, and issues an order extending the deadline.This bill would eliminate that exception to the requirement that the commission resolve the issues raised in the scoping memo within 18 months.

The California Constitution vests the Public Utilities Commission with regulatory authority over public utilities and authorizes the commission to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law requires that the commissions hearings, investigations, and proceedings be governed, in part, by the commissions rules of practice and procedure, as specified.

This bill would make nonsubstantive changes to that requirement and state the intent of the Legislature to adopt further revisions to those provisions.

Existing law requires the commission to determine whether each proceeding is a quasi-legislative, an adjudication, a ratesetting, or a catastrophic wildfire proceeding. Existing law requires the commission to resolve the issues raised in a ratesetting or quasi-legislative case scoping memo within 18 months of the date on which the scoping memo is issued, except in two specified circumstances. One of those exceptions is satisfied if the commission makes a written determination that the deadline cannot be met, including findings as to the reason, and issues an order extending the deadline.

This bill would eliminate that exception to the requirement that the commission resolve the issues raised in the scoping memo within 18 months.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1701 of the Public Utilities Code is amended to read:1701. (a) All hearings, investigations, and proceedings shall be governed by this part and by the rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No An informality in any a hearing, investigation, or proceeding or in the manner of taking testimony shall not invalidate any an order, decision, or rule made, approved, or confirmed by the commission.(b) Notwithstanding Section 11425.10 of the Government Code, Articles 1 to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.(c) It is the intent of the Legislature to adopt further revisions to this section. SEC. 2. Section 1701.5 of the Public Utilities Code is amended to read:1701.5. (a) Except as specified in subdivision (b), in a ratesetting or quasi-legislative case, the commission shall resolve the issues raised in the scoping memo within 18 months of the date the proceeding is initiated, unless the commission makes a written determination that the deadline cannot be met, including findings as to the reason, and issues an order extending the deadline. initiated.(b) Notwithstanding subdivision (a), the commission may specify in a scoping memo a resolution date later than 18 months from the date the proceeding is initiated, if that scoping memo includes specific reasons for the necessity of a later date and the commissioner assigned to the case approves the date.

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 1701 of the Public Utilities Code is amended to read:1701. (a) All hearings, investigations, and proceedings shall be governed by this part and by the rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No An informality in any a hearing, investigation, or proceeding or in the manner of taking testimony shall not invalidate any an order, decision, or rule made, approved, or confirmed by the commission.(b) Notwithstanding Section 11425.10 of the Government Code, Articles 1 to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.(c) It is the intent of the Legislature to adopt further revisions to this section. 

SECTION 1. Section 1701 of the Public Utilities Code is amended to read:

### SECTION 1.

1701. (a) All hearings, investigations, and proceedings shall be governed by this part and by the rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No An informality in any a hearing, investigation, or proceeding or in the manner of taking testimony shall not invalidate any an order, decision, or rule made, approved, or confirmed by the commission.(b) Notwithstanding Section 11425.10 of the Government Code, Articles 1 to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.(c) It is the intent of the Legislature to adopt further revisions to this section. 

1701. (a) All hearings, investigations, and proceedings shall be governed by this part and by the rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No An informality in any a hearing, investigation, or proceeding or in the manner of taking testimony shall not invalidate any an order, decision, or rule made, approved, or confirmed by the commission.(b) Notwithstanding Section 11425.10 of the Government Code, Articles 1 to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.(c) It is the intent of the Legislature to adopt further revisions to this section. 

1701. (a) All hearings, investigations, and proceedings shall be governed by this part and by the rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No An informality in any a hearing, investigation, or proceeding or in the manner of taking testimony shall not invalidate any an order, decision, or rule made, approved, or confirmed by the commission.(b) Notwithstanding Section 11425.10 of the Government Code, Articles 1 to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.(c) It is the intent of the Legislature to adopt further revisions to this section. 



1701. (a) All hearings, investigations, and proceedings shall be governed by this part and by the rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No An informality in any a hearing, investigation, or proceeding or in the manner of taking testimony shall not invalidate any an order, decision, or rule made, approved, or confirmed by the commission.

(b) Notwithstanding Section 11425.10 of the Government Code, Articles 1 to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission.

(c) It is the intent of the Legislature to adopt further revisions to this section. 

SEC. 2. Section 1701.5 of the Public Utilities Code is amended to read:1701.5. (a) Except as specified in subdivision (b), in a ratesetting or quasi-legislative case, the commission shall resolve the issues raised in the scoping memo within 18 months of the date the proceeding is initiated, unless the commission makes a written determination that the deadline cannot be met, including findings as to the reason, and issues an order extending the deadline. initiated.(b) Notwithstanding subdivision (a), the commission may specify in a scoping memo a resolution date later than 18 months from the date the proceeding is initiated, if that scoping memo includes specific reasons for the necessity of a later date and the commissioner assigned to the case approves the date.

SEC. 2. Section 1701.5 of the Public Utilities Code is amended to read:

### SEC. 2.

1701.5. (a) Except as specified in subdivision (b), in a ratesetting or quasi-legislative case, the commission shall resolve the issues raised in the scoping memo within 18 months of the date the proceeding is initiated, unless the commission makes a written determination that the deadline cannot be met, including findings as to the reason, and issues an order extending the deadline. initiated.(b) Notwithstanding subdivision (a), the commission may specify in a scoping memo a resolution date later than 18 months from the date the proceeding is initiated, if that scoping memo includes specific reasons for the necessity of a later date and the commissioner assigned to the case approves the date.

1701.5. (a) Except as specified in subdivision (b), in a ratesetting or quasi-legislative case, the commission shall resolve the issues raised in the scoping memo within 18 months of the date the proceeding is initiated, unless the commission makes a written determination that the deadline cannot be met, including findings as to the reason, and issues an order extending the deadline. initiated.(b) Notwithstanding subdivision (a), the commission may specify in a scoping memo a resolution date later than 18 months from the date the proceeding is initiated, if that scoping memo includes specific reasons for the necessity of a later date and the commissioner assigned to the case approves the date.

1701.5. (a) Except as specified in subdivision (b), in a ratesetting or quasi-legislative case, the commission shall resolve the issues raised in the scoping memo within 18 months of the date the proceeding is initiated, unless the commission makes a written determination that the deadline cannot be met, including findings as to the reason, and issues an order extending the deadline. initiated.(b) Notwithstanding subdivision (a), the commission may specify in a scoping memo a resolution date later than 18 months from the date the proceeding is initiated, if that scoping memo includes specific reasons for the necessity of a later date and the commissioner assigned to the case approves the date.



1701.5. (a) Except as specified in subdivision (b), in a ratesetting or quasi-legislative case, the commission shall resolve the issues raised in the scoping memo within 18 months of the date the proceeding is initiated, unless the commission makes a written determination that the deadline cannot be met, including findings as to the reason, and issues an order extending the deadline. initiated.

(b) Notwithstanding subdivision (a), the commission may specify in a scoping memo a resolution date later than 18 months from the date the proceeding is initiated, if that scoping memo includes specific reasons for the necessity of a later date and the commissioner assigned to the case approves the date.