Bill Text: CA AB861 | 2011-2012 | Regular Session | Chaptered

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Bill Title: Public Utilities Act: remedies for violation: gas and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-23 - Chaptered by Secretary of State - Chapter 464, Statutes of 2012. [AB861 Detail]

Download: California-2011-AB861-Chaptered.html

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BILL NUMBER: AB 861	CHAPTERED
	BILL TEXT

	CHAPTER  464
	FILED WITH SECRETARY OF STATE  SEPTEMBER 23, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2012
	PASSED THE SENATE  AUGUST 29, 2012
	PASSED THE ASSEMBLY  AUGUST 30, 2012
	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN SENATE  JULY 2, 2012
	AMENDED IN SENATE  JUNE 19, 2012
	AMENDED IN SENATE  JUNE 7, 2012
	AMENDED IN SENATE  MAY 14, 2012
	AMENDED IN ASSEMBLY  MAY 27, 2011

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 17, 2011

   An act to amend Sections 2110 and 2111 of, and to add Section 746
to, the Public Utilities Code, relating to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 861, Hill. Public Utilities Act: remedies for violation: gas
and electrical corporation executive officer compensation incentives.

   (1) The California Constitution establishes the Public Utilities
Commission, with regulatory jurisdiction over all public utilities,
as defined. The Public Utilities Act provides that every public
utility and every officer, agent, or employee of a public utility,
who violates or fails to comply with, or who procures, aids, or abets
any violation by any public utility of any provision of the
California Constitution or of the act, or who fails to comply with
any part of any order, decision, rule, direction, demand, or
requirement of the commission, or who procures, aids, or abets any
public utility in a violation or noncompliance, in a case in which a
penalty has not otherwise been provided, is guilty of a misdemeanor
and is punishable by a fine not exceeding $1,000, or by imprisonment
in a county jail not exceeding one year, or by both fine and
imprisonment.
   This bill would provide that the fine may not exceed $5,000.
   (2) The act additionally provides that every corporation or
person, other than a public utility and its officers, agents, or
employees, knowingly violating or failing to comply with, or
procuring, aiding, or abetting any violation of the California
Constitution relating to public utilities or of the act, or that
fails to comply with any part of any order, decision, rule,
direction, demand, or requirement of the commission, or procuring,
aiding, or abetting any public utility in a violation or
noncompliance, in a case in which a penalty has not otherwise been
provided, is subject to a penalty of not less than $500, or more than
$20,000, for each offense.
   This bill would increase the maximum penalty to not more than
$50,000 for each offense.
   (3) Existing law authorizes the commission to fix the rates and
charges for every public utility, and requires that those rates and
charges be just and reasonable. Existing law requires that any
expense resulting from a bonus paid to an executive officer, as
defined, of a public utility that has ceased to pay its debts in the
ordinary course of business, be borne by the shareholders of the
public utility and prohibits any expense from being recovered in
rates.
   This bill would require the commission to determine the
appropriate ratemaking treatment for incentive compensation paid to
officers or employees of an electrical corporation or gas corporation
for incentive compensation that is linked to the stock price or
financial performance of the electrical corporation or gas
corporation.


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

  SECTION 1.  Section 746 is added to the Public Utilities Code, to
read:
   746.  The commission shall determine the appropriate ratemaking
treatment for incentive compensation paid to officers or employees of
an electrical corporation or gas corporation for incentive
compensation that is linked to the stock price or financial
performance of the electrical corporation or gas corporation.
  SEC. 2.  Section 2110 of the Public Utilities Code is amended to
read:
   2110.  Every public utility and every officer, agent, or employee
of any public utility, who violates or fails to comply with, or who
procures, aids, or abets any violation by any public utility of any
provision of the California Constitution or of this part, or who
fails to comply with any part of any order, decision, rule,
direction, demand, or requirement of the commission, or who procures,
aids, or abets any public utility in the violation or noncompliance
in a case in which a penalty has not otherwise been provided, is
guilty of a misdemeanor and is punishable by a fine not exceeding
five thousand dollars ($5,000), or by imprisonment in a county jail
not exceeding one year, or by both fine and imprisonment.
  SEC. 3.  Section 2111 of the Public Utilities Code is amended to
read:
   2111.  Every corporation or person, other than a public utility
and its officers, agents, or employees, which or who knowingly
violates or fails to comply with, or procures, aids or abets any
violation of any provision of the California Constitution relating to
public utilities or of this part, or fails to comply with any part
of any order, decision, rule, direction, demand, or requirement of
the commission, or who procures, aids, or abets any public utility in
the violation or noncompliance, in a case in which a penalty has not
otherwise been provided for the corporation or person, is subject to
a penalty of not less than five hundred dollars ($500), nor more
than fifty thousand dollars ($50,000) for each offense.