Louisiana 2010 Regular Session

Louisiana House Bill HB459

Introduced
3/29/10  

Caption

(Constitutional Amendment) Provides for changes to the powers, duties, limitations, and processes of the Public Service Commission

Impact

The bill significantly restructures the regulatory landscape for utilities and transportation companies within Louisiana. By solidifying the PSC's authority to oversee intrastate trucking and telephone companies, the proposed changes aim to streamline regulatory processes. Moreover, the amendment will require that utilities alert the general public through formal notice if there are proposed rate changes, ensuring transparency and accountability. The prohibition against using credits for refunds means that any disallowed rate increases must result in full cash refunds, starting from the date the increase was initially applied.

Summary

House Bill 459 proposes amendments to the Constitution of Louisiana to redefine the powers and duties of the Public Service Commission (PSC). Key changes involve removing the regulation of common carriers while allowing the PSC to regulate intrastate trucking and certain public utilities, including electric, gas, and water services. The PSC will be mandated to adhere to the Administrative Procedure Act (APA) when establishing rules, regulations, and procedures, thus standardizing its operation framework.

Sentiment

Sentiment around HB 459 indicates support among legislators who see it as a necessary modernization of the PSC's authority to more directly address contemporary issues within state-regulated industries. However, there may also be opponents who express concerns about overregulation or the adequacy of the PSC's oversight capabilities. The bill reflects a balance between facilitating economic operations and ensuring consumer protections, which after rigorous debate, may invoke varied responses across different stakeholder groups.

Contention

A point of contention revolves around the balance of regulatory power between the state and local jurisdictions. Critics may argue that the bill's amendments could limit local government's ability to self-regulate utilities and transportation systems effectively. Moreover, there might be concerns regarding the adequacy of the PSC's regulatory capacity in managing the additional responsibilities, especially pertaining to intrastate trucking, which is a critical component of the state’s economy. The implication of requiring voter approval for regulatory resumption also raises questions about democratic participation in utility governance.

Companion Bills

No companion bills found.

Previously Filed As

LA HB567

(Constitutional Amendment) Provides relative to the powers and duties of the governor

LA SB341

Changes the composition, and the powers and duties of the Wildlife and Fisheries Commission. (See Act)

LA HB753

(Constitutional Amendment) Abolishes the State Civil Service Commission and the Department of State Civil Service effective January 9, 2012

LA HB94

(Constitutional Amendment) Provides relative to health care services (EG SEE FISC NOTE GF EX)

LA HB601

(Constitutional Amendment) Provides relative to city civil service

LA HB752

Public Service Commission; extend repealer on its creation and powers and duties.

LA HB83

(Constitutional Amendment) Provide with respect to limitations on the power to tax (Item #3 and 36)

LA HB380

(Constitutional Amendment) Provides with respect to the Public Service Commission (OR INCREASE GF EX See Note)

LA HB154

(Constitutional Amendment) Limits the power of the Public Service Commission to regulate nonprofit water utility cooperatives wholly owned by water users

LA HB223

(Constitutional Amendment) Limits power of the Public Service Commission to regulate nonprofit water utility cooperatives wholly owned by water users

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