California 2011-2012 Regular Session Status: Enacted

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

Last action — Chaptered by Secretary of State - Chapter 464, Statutes of 2012.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2011. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    8 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 464, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:15 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 17. Page 6698.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 11. Noes 0.) (August 30).

  6. Joint Rule 62(a), file notice suspended. (Ayes 52. Noes 26. Page 6648.)

  7. Re-referred to Com. on U. & C. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 31 pursuant to Assembly Rule 77.

  9. Read third time. Passed. Ordered to the Assembly. (Ayes 22. Noes 12. Page 4974.).

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  14. Read second time and amended. Re-referred to Com. on APPR.

  15. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 4.) (June 25).

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U. & C.

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U. & C.

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  19. Re-referred to Com. on E., U. & C.

  20. Re-referred to Com. on RLS.

  21. Withdrawn from committee.

  22. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  23. In committee: Hearing postponed by committee.

  24. In committee: Set, first hearing. Hearing canceled at the request of author.

  25. Referred to Com. on HEALTH.

  26. In Senate. Read first time. To Com. on RLS. for assignment.

  27. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1744.)

  28. Read second time. Ordered to third reading.

  29. Read second time and amended. Ordered to second reading.

  30. From committee: Do pass as amended. (Ayes 17. Noes 0.) (May 27).

  31. In committee: Set, first hearing. Referred to APPR. suspense file.

  32. From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (March 29). Re-referred to Com. on APPR.

  33. Referred to Com. on HEALTH.

  34. From printer. May be heard in committee March 20.

  35. Read first time. To print.

Sponsors

  • Hill · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Hill

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 861 HILL Concurrence in Senate Amendments

Passed 59 Yea · 17 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 581504
Democratic 1000
Total 591704
% of votes cast 74%21%0%5%
How each member voted (80)
Member Party Vote
Butler — Yea
Gorell — Not Voting
Halderman — Nay
Conway — Nay
Donnelly — Nay
Nielsen — Not Voting
Furutani — Yea
Galgiani — Yea
Fong — Yea
Campos — Yea
Gatto — Yea
Allen — Yea
Gordon — Yea
Hagman — Yea
Hall — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Fletcher — Yea
Hill — Yea
Huffman — Yea
Cedillo — Yea
Jeffries — Nay
Bonilla — Yea
Atkins — Yea
Lara — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Chesbro — Yea
Cook — Yea
Davis — Yea
Logue — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Norby — Nay
Olsen — Nay
Perea — Yea
Silva — Nay
Smyth — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Hueso — Not Voting
Knight — Yea
Ma — Yea
Mansoor — Nay
Nestande — Yea
Pan — Yea
Skinner — Yea
Swanson — Yea
Wagner — Nay
Eng — Yea
Feuer — Yea
Dickinson — Yea
Fuentes — Not Voting
Garrick — Nay
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB861 Hill By Leno

Passed 22 Yea · 12 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 201106
Democratic 2000
Republican 0100
Total 221206
% of votes cast 55%30%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Cannella — Yea
Evans — Yea
Fuller — Nay
Hancock — Yea
Harman — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Corbett — Yea
Kehoe — Yea
Runner — Not Voting
Anderson — Nay
Blakeslee — Yea
Leno — Yea
Liu — Not Voting
Pavley — Not Voting
Simitian — Yea
Vargas — Yea
Wright — Nay
Alquist — Yea
Hernandez — Yea
Huff — Nay
Lieu — Not Voting
Price — Not Voting
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wyland — Not Voting
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Dutton — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

amendments be concurred in.

Passed 11 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 11004
Total 11004
% of votes cast 73%0%0%27%
How each member voted (15)
Member Party Vote
Gorell — Not Voting
Fuentes — Not Voting
Fletcher — Yea
Bonilla — Yea
Fong — Yea
Knight — Yea
Nestande — Yea
Skinner — Not Voting
Swanson — Yea
Williams — Yea
Bradford — Yea
Buchanan — Not Voting
Ma — Yea
Valadao — Yea
Roger Hernández — Yea

Official roll call →

Do pass as amended, and re-refer to the Committee on Appropriations.

Passed 7 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6401
Republican 0001
Democratic 1000
Total 7402
% of votes cast 54%31%0%15%
How each member voted (13)
Member Party Vote
De León — Yea
Rubio — Not Voting
Kehoe — Yea
Corbett — Yea
Wright — Nay
Pavley — Yea
Simitian — Yea
Emmerson — Nay
DeSaulnier — Yea
Fuller — Nay
Bill Berryhill — Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Set, final hearing. Failed passage in Committee. Reconsideration granted.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Republican 0001
Democratic 1000
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Fuller — Yea
Rubio — Yea
De León — Yea
Corbett — Yea
DeSaulnier — Yea
Pavley — Yea
Simitian — Yea
Wright — Yea
Kehoe — Yea
Emmerson — Yea
Bill Berryhill — Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended, and re-refer to the Committee on Appropriations.

Failed 6 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 5402
Republican 0001
Democratic 1000
Total 6403
% of votes cast 46%31%0%23%
How each member voted (13)
Member Party Vote
Corbett — Yea
De León — Not Voting
Rubio — Not Voting
DeSaulnier — Yea
Fuller — Nay
Pavley — Yea
Simitian — Yea
Wright — Nay
Kehoe — Yea
Emmerson — Nay
Bill Berryhill — Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

AB 861 HILL Assembly Third Reading

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 72005
Republican 2000
Democratic 1000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Yea
Butler — Yea
Mansoor — Yea
Fong — Yea
Carter — Yea
Cedillo — Yea
Cook — Yea
Olsen — Yea
Allen — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Not Voting
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Fletcher — Yea
Gorell — Not Voting
Chesbro — Yea
Halderman — Not Voting
Bonilla — Yea
Atkins — Yea
Hall — Yea
Harkey — Yea
Conway — Yea
Beall — Yea
Block — Yea
Davis — Yea
Donnelly — Yea
Hayashi — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Knight — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Jeffries — Not Voting
Logue — Yea
Ma — Yea
Nestande — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Mitchell — Yea
Campos — Yea
Hall — Yea
Davis — Yea
Donnelly — Yea
Lara — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Hill — Yea
Nielsen — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 16 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 16003
Total 16003
% of votes cast 84%0%0%16%
How each member voted (19)
Member Party Vote
Gordon — Yea
Eng — Yea
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Ammiano — Yea
Hayashi — Yea
Monning — Yea
Nestande — Yea
Pan — Yea
Silva — Not Voting
Smyth — Yea
Williams — Yea
Logue — Yea
Mansoor — Not Voting
Garrick — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea

Official roll call →

Subjects

public-safety labor energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 861 do?
(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.
Who sponsors AB 861?
AB 861 is sponsored by Hill.
What is the current status of AB 861?
This bill has been enacted into law. Introduced February 17, 2011. Enacted.
Where can I track AB 861?
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