California 2015-2016 Regular Session Status: To Executive

AB 1023 — Public Utilities Commission: proceedings: ex parte communications.

Last action — Consideration of Governor's veto stricken from file.

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

This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities and authorizes the commission to establish rules for all public utilities, subject to control by the Legislature, and to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. The Public Utilities Act requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy rulemakings and investigations which may establish rules affecting an entire industry, adjudication cases are enforcement cases and complaints except those challenging the reasonableness of any rates or charges, and ratesetting cases are cases in which rates are established for a specific company, including general rate cases, performance-based ratemaking, and other ratesetting mechanisms. Existing law requires the commission, upon initiating a hearing, to assign one or more commissioners to oversee the case and an administrative law judge, where appropriate. The act regulates communications in hearings before the commission and defines "ex parte communication" to mean any oral or written communication between a decisionmaker and a person with an interest in a matter before the commission concerning substantive, but not procedural, issues that does not occur in a public hearing, workshop, or other public proceeding, or on the official record of the proceeding on the matter. Existing law requires the commission, by regulation, to adopt and publish a definition of the terms "decisionmaker" and "persons" for those purposes, along with any requirements for written reporting of ex parte communications and appropriate sanctions for noncompliance with any rule proscribing ex parte communications. This bill would require the commission to establish and maintain a weekly communications log summarizing all oral and written ex parte communications, as specified, and to make each log available to the public on the commission's Internet Web site.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Vetoed by Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3148.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2704.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

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

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

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 13).

  13. In committee: Hearing postponed by committee.

  14. Referred to Com. on E., U., & C.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1563.)

  17. Read second time. Ordered to Consent Calendar.

  18. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 13).

  19. From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 27). Re-referred to Com. on APPR.

  20. Re-referred to Com. on U. & C.

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

  22. Referred to Com. on U. & C.

  23. From printer. May be heard in committee March 29.

  24. Read first time. To print.

Sponsors

  • Rendon · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Rendon

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

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Liu — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Roth — Yea
Cannella — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hertzberg — Yea
Block — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Bloom — Yea
Brown — Yea
Holden — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Weber — Yea
Williams — Not Voting
Eggman — Yea
Chu — Yea
Cooper — Yea
Frazier — Yea
Gatto — Yea
Burke — Yea
Chang — Yea
Chau — Yea
Salas — Yea
Gomez — Yea
Gordon — Yea
Chiu — Yea
Harper — Yea
Chávez — Yea
Baker — Yea
Brough — Yea
Cooley — Yea
Jones-Sawyer — Yea
Kim — Yea
Linder — Yea
Mayes — Yea
McCarty — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Rodriguez — Yea
Steinorth — Yea
Waldron — Yea
Wilk — Yea
Gray — Yea
Hadley — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Medina — Yea
Alejo — Yea
Bigelow — Yea
Melendez — Yea
Mullin — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Wagner — Yea
Wood — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 65005
Democratic 4000
Republican 5001
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Not Voting
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Levine — Yea
Mathis — Yea
O'Donnell — Not Voting
Rendon — Yea
Santiago — Yea
Wagner — Yea
Weber — Not Voting
Eggman — Yea
Gatto — Yea
Harper — Yea
Jones-Sawyer — Yea
Salas — Yea
Chávez — Yea
Low — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Bonilla — Yea
Frazier — Yea
Gordon — Yea
Gray — Yea
Hadley — Yea
Lopez — Yea
Holden — Yea
Kim — Yea
Linder — Yea
Maienschein — Yea
McCarty — Yea
Mullin — Yea
Burke — Yea
Atkins — Yea
Nazarian — Yea
Obernolte — Yea
Campos — Yea
Olsen — Not Voting
Perea — Yea
Baker — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Ting — Yea
Waldron — Not Voting
Wilk — Yea
Williams — Yea
Wood — Yea
Gomez — Yea
Gonzalez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 13000
Republican 2000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Holden — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Chang — Yea
Gomez — Yea
Bigelow — Yea
Bloom — Yea
Daly — Yea
Quirk — Yea
Rendon — Yea
Wagner — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Republican 2000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Achadjian — Yea
Quirk — Yea
Ting — Yea
Eggman — Yea
Hadley — Yea
Bonilla — Yea
Burke — Yea
Obernolte — Yea
Rendon — Yea
Santiago — Yea
Williams — Yea
Cristina Garcia — Yea
Roger Hernández — Yea
Dahle, Megan Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1023 do?
The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities and authorizes the commission to establish rules for all public utilities, subject to control by the Legislature, and to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. The Public Utilities Act requires the commission to determine whether a proceeding requires a hearing and, if so, to determine whether the matter requires a quasi-legislative, an adjudication, or a ratesetting hearing. For these purposes, quasi-legislative cases are cases that establish policy rulemakings and investigations which may establish rules affecting an entire industry, adjudication cases are enforcement cases and complaints except those challenging the reasonableness of any rates or charges, and ratesetting cases are cases in which rates are established for a specific company, including general rate cases, performance-based ratemaking, and other ratesetting mechanisms. Existing law requires the commission, upon initiating a hearing, to assign one or more commissioners to oversee the case and an administrative law judge, where appropriate. The act regulates communications in hearings before the commission and defines "ex parte communication" to mean any oral or written communication between a decisionmaker and a person with an interest in a matter before the commission concerning substantive, but not procedural, issues that does not occur in a public hearing, workshop, or other public proceeding, or on the official record of the proceeding on the matter. Existing law requires the commission, by regulation, to adopt and publish a definition of the terms "decisionmaker" and "persons" for those purposes, along with any requirements for written reporting of ex parte communications and appropriate sanctions for noncompliance with any rule proscribing ex parte communications. This bill would require the commission to establish and maintain a weekly communications log summarizing all oral and written ex parte communications, as specified, and to make each log available to the public on the commission's Internet Web site.
Who sponsors AB 1023?
AB 1023 is sponsored by Rendon.
What is the current status of AB 1023?
This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1023?
Track AB 1023 free on One Click Politics — get push/email alerts when it moves.

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