Bill Text: CA AB1703 | 2011-2012 | Regular Session | Introduced

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Bill Title: Public utilities: reporting: safety issues.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-23 - In committee: Set, second hearing. Failed passage. [AB1703 Detail]

Download: California-2011-AB1703-Introduced.html

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BILL NUMBER: AB 1703	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 15, 2012

   An act to add Article 6 (commencing with Section 8290) to Chapter
7 of Division 4 of the Public Utilities Code, relating to public
utility employees.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1703, as introduced, Hill. Public utilities: reporting: safety
issues.
   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 a public utility to file a completed
report with the commission within 30 days as to any final judgment,
arbitration award, compromise, or settlement in excess of $50,000 in
any civil action brought by an employee, former employee, contractor,
or subcontractor of the utility against the utility regarding safety
issues that could jeopardize the lives or health of Californians.
The bill would authorize the commission to limit this reporting
requirement to those particular types of claims that the commission
determines are likely to involve claims or allegations that could
jeopardize the lives or health of Californians. The bill would
require the commission to develop and adopt the report form to be
used by a public utility to comply with this reporting requirement.
The bill would require specified civil penalties to be imposed for a
violation of these requirements.
   Under existing law, a violation of any order, decision, rule,
direction, demand, or requirement of the commission is a crime.
   Because a violation of these requirements of the commission would
be a crime, the 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 6 (commencing with Section 8290) is added to
Chapter 7 of Division 4 of the Public Utilities Code, to read:

      Article 6.   Reporting Civil Actions


   8290.  (a) (1) Every public utility shall file a completed report
with the commission within 30 days as to any final judgment,
arbitration award, compromise, or settlement in excess of fifty
thousand dollars ($50,000) in any civil action brought by an
employee, former employee, contractor, or subcontractor of the
utility against the utility regarding safety issues that could
jeopardize the lives or health of Californians.
   (2) The commission may limit the duty to report pursuant to
paragraph (1) to those particular types of claims that the commission
determines are likely to involve claims or allegations that could
jeopardize the lives or health of Californians.
   (3) The commission shall develop and adopt a report form to be
used by a public utility to comply with the requirements of paragraph
(1). Until the commission adopts a report form, the report shall
include a copy of the complaint or claim made by the employee, former
employee, contractor, or subcontractor and any written judgment,
arbitration award, or agreement for the compromise or settlement of
an action or claim.
   (b) (1) The commission shall assess a penalty of not more than one
million dollars ($1,000,000) against a public utility for a willful
failure to comply with the requirements of subdivision (a).
   (2) The commission shall assess a penalty of not more than five
hundred thousand dollars ($500,000) for a negligent failure to comply
with the requirements of subdivision (a).
   (3) The commission may enforce and collect a penalty pursuant to
Chapter 11 (commencing with Section 2100) of Part 1 of Division 1.
  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.