Public Utilities Commission: proceedings, reports, and public utility procurement.
Summary
(1) The California Constitution establishes the Public Utilities Commission and authorizes the commission to exercise ratemaking and rulemaking authority over all public utilities, as defined, subject to control by the Legislature. The Public Utilities Act 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 establish a "quiet period" during the 3 business days before the commission's scheduled vote on a decision in a ratesetting case, and authorizes the commission to establish a quiet period during other specified periods of a ratesetting case and during the 3 business days before the commission's scheduled vote on a decision in a catastrophic wildfire proceeding, as specified. Existing law authorizes the commission to meet in closed session during the quiet period of a ratesetting case and at any point during the pendency of the catastrophic wildfire proceeding, as specified. This bill would revise and recast these provisions relating to quiet periods and the authority for closed session commission meetings during ratesetting cases and catastrophic wildfire proceedings. (2) Existing law establishes the California Solar Initiative, a program providing ratepayer funded incentives for eligible solar energy systems adopted by the Public Utilities Commission, as provided. Existing law requires, on or before June 30 of each year, the commission to submit to the Legislature an assessment of the success of the program. This bill would repeal that requirement on January 1, 2024. (3) Existing law requires the Public Utilities Commission to require every electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with annual gross California revenues exceeding $25,000,000, and their regulated subsidiaries and affiliates, to annually submit a detailed and verifiable plan for increasing procurement from women, minority, disabled veteran, and LGBT business enterprises, as specified. Existing law requires the commission to require every electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with gross annual California revenues exceeding $15,000,000, but not more than $25,000,000, to annually submit data in a simplified form to the commission on its procurement from women, minority, disabled veteran, and LGBT business enterprises, as specified. Existing law requires each community choice aggregator with gross annual revenues exceeding $15,000,000 to annually submit a report to the commission regarding its procurement from women, minority, disabled veteran, and LGBT business enterprises, as specified. Existing law requires the commission, by September 1 of each year, to report certain information relative to those activities undertaken in the implementation of those plans. This bill would require the commission to also include in the report the progress of activities undertaken by electric service providers with gross annual California revenues exceeding $25,000,000, by community choice aggregators with gross annual revenues exceeding $15,000,000, and by electrical corporations, gas corporations, water corporations, wireless telecommunications service providers, electric service providers, and telephone corporations with gross annual California revenues exceeding $15,000,000, but not more than $25,000,000. (4) Existing law requires the commission to require every electrical, gas, water, wireless telecommunications service provider, and telephone corporation with gross annual revenues exceeding $25,000,000, and their commission-regulated subsidiaries and affiliates, to implement an outreach program to inform and recruit women, minority, disabled veteran, and LGBT business enterprises to apply for procurement contracts. This bill would additionally require the commission to require every electric service provider with gross annual California revenues exceeding $25,000,000, and their commission-regulated subsidiaries and affiliates, to implement an outreach program for that recruitment. (5) Existing law makes it a crime for any person or corporation to falsely represent a business as a women, minority, disabled veteran, or LGBT business enterprise in the procurement, or attempted procurement, of contracts from an electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, or telephone corporation with gross annual revenues exceeding $25,000,000, or a commission-regulated subsidiary or affiliate, as provided. This bill would additionally make it a crime for any person or corporation to falsely represent a business as a women, minority, disabled veteran, or LGBT business enterprise in the procurement, or attempted procurement, of contracts from an electric service provider with gross annual California revenues exceeding $25,000,000, or a commission-regulated subsidiary or affiliate, or from an electrical corporation, gas corporation, water corporation, wireless telecommunications service provider, electric service provider, and telephone corporation with gross annual California revenues exceeding $15,000,000, as provided. (6) Existing law authorizes eligible corporations to consider certain measures to include women-owned businesses, minority-owned businesses, disabled veteran-owned businesses, and LGBT-owned businesses and small businesses in all phases of contracting in contract procurement. This bill would instead authorize eligible corporations to consider certain measures to include women, minority, disabled veteran, and LGBT business enterprises and small businesses in all phases of contracting in contract procurement. (7) 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 certain of the above provisions would be codified in the act and would require action by the commission, a violation of which would be a crime, this bill would impose a state-mandated local program. 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.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2022
Senate Passage
May 2021
Assembly Passage
Aug 2022
Signed into Law
Sep 2022
Introduced Feb 18, 2021
Signed Sep 28, 2022
Floor votes · Senate May 10, 2021 · Assembly Aug 31, 2022
How they voted
34–0
Passed · 3 other
Total votes 37
May 10, 2021
D
Democratic29
89% Yea
R
Republican8
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
27
Key actions
10
Committee
9
Amendments
3
Sep 28, 2022
Signed into law
Approved by the Governor.
legislature
Aug 31, 2022
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5382.) Ordered to engrossing and enrolling.
upper
Aug 31, 2022
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 31, 2022
Lower · Passed
Read third time. Passed. Ordered to the Senate.
lower
Aug 10, 2022
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 0.) (August 10).
lower
Jul 29, 2022
Lower · Passed
August 3 hearing postponed by committee.
lower
Jun 29, 2022
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 29). Re-referred to Com. on APPR.
lower
Jun 13, 2022
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on U. & E.
lower
Jun 9, 2022
Committee
Re-referred to Com. on U. & E.
lower
Jun 17, 2021
Committee
Re-referred to Com. on RLS. pursuant to Assembly Rule 96.
lower
May 20, 2021
Committee
Referred to Com. on U. & E.
lower
May 10, 2021
Upper · Passed
Read third time. Passed. (Ayes 37. Noes 0. Page 1061.) Ordered to the Assembly.
upper
May 4, 2021
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.
upper
Apr 20, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 14. Noes 0. Page 842.) (April 19). Re-referred to Com. on APPR.
upper
Mar 3, 2021
Committee
Referred to Com. on E., U. & C.
upper
Feb 18, 2021
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Ben Hueso
DDemocratic
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