Bill Text: CA AB1843 | 2011-2012 | Regular Session | Introduced

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Bill Title: Whistleblower protection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB1843 Detail]

Download: California-2011-AB1843-Introduced.html

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BILL NUMBER: AB 1843	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 22, 2012

   An act to add Article 7 (commencing with Section 8295) to Chapter
7 of Division 4 of the Public Utilities Code, relating to
whistleblower protection.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1843, as introduced, Hill. Whistleblower protection.
   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 the commission, at a specified rulemaking
proceeding, to establish a comprehensive whistleblower protection
program to protect public utility employees, former employees, and
3rd-party contractors and subcontractors from retaliation for
bringing information to the commission or other public entities, as
specified, regarding, but not limited to, safety issues.
   Under existing law, a violation of any order, decision, rule,
direction, demand, or requirement of the commission is a crime.
   Because the bill would require the commission to adopt rules for
the protection of whistleblowers and a violation of these rules would
be a crime, the bill would impose a state-mandated local program by
creating a new crime.
    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 7 (commencing with Section 8295) is added to
Chapter 7 of Division 4 of the Public Utilities Code, to read:

      Article 7.  Whistleblower Protection Program


   8295.  As part of Rulemaking 11-02-019 (Order Instituting
Rulemaking on the Commission's Own Motion to Adopt New Safety and
Reliability Regulations for Natural Gas Transmission and Distribution
Pipelines and Related Ratemaking Mechanisms, filed February 24,
2011), the commission shall establish a comprehensive whistleblower
protection program to protect public utility employees, former
employees, and third-party contractors and subcontractors from
retaliation for bringing information to the commission or other
public entities regarding, but not limited to, safety issues. For
purposes of this section, "other public entities" includes the
whistleblower hotline maintained by the Attorney General pursuant to
Section 1102.7 of the Labor Code.
  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.