California 2015-2016 Regular Session Status: Passed Assembly

AB 853 — Electrical and gas corporations: security of plant and facilities.

Last action — Ordered to inactive file at the request of Senator Mitchell.

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

This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. If the commission finds after a hearing that the rules, practices, equipment, appliances, facilities, or service of any public utility, or of the methods of manufacture, distribution, transmission, storage, or supply employed by the public utility, are unjust, unreasonable, unsafe, improper, inadequate, or insufficient, the Public Utilities Act requires that the commission determine and, by order or rule, fix the rules, practices, equipment, appliances, facilities, service, or methods to be observed, furnished, constructed, enforced, or employed. The Public Utilities Act requires the commission to prescribe rules for the performance of any service or the furnishing of any commodity of the character furnished or supplied by any public utility and, on proper demand and tender of rates, require the public utility to furnish the commodity or render the service within the time and upon the conditions provided in the rules adopted by the commission. This bill would, on and after the filing of an electrical corporation's or gas corporation's general rate case application, require that electrical corporation or gas corporation, except as provided, to utilize employees of that corporation for any work associated with the design, engineering, and operation of its nuclear, electrical, and gas infrastructure, including all computer and information technology systems, unless the utility files a request to contract to utilize persons who will replace those employees with the commission as a part of the utility's general rate case application. The bill would require that the request be a separate stand-alone section that is not embedded in the general requested staffing change proposals. The bill would require the utility to demonstrate that the work can be performed safely and securely, and without jeopardizing the security of its nuclear, electrical, and gas infrastructure. The bill would require the commission to evaluate the utility's proposal. The bill would require the commission to issue a written decision to approve or deny the request as part of the general rate case proceeding. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements 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.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Mitchell.

  2. Read second time. Ordered to third reading.

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

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

  5. From committee: Amend, and do pass as amended. (Ayes 4. Noes 3.) (August 27).

  6. In committee: Referred to APPR. suspense file.

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

  8. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (July 13).

  9. In committee: Hearing postponed by committee.

  10. In committee: Hearing postponed by committee.

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

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 25. Page 1789.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 12. Noes 5.) (May 28).

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

  17. Re-referred to Com. on APPR.

  18. Read second time and amended.

  19. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 4.) (April 27).

  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

Sponsorship breakdown

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

Sponsors (1)

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

Do pass as amended

Passed 4 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4300
Total 4300
% of votes cast 57%43%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Lara — Yea
Leyva — Yea
Hill — Nay
Bates — Nay
Mendoza — Yea
Nielsen — Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Nielsen — Yea
Hill — Yea
Beall — Yea

Official roll call →

AB 853 HERNÁNDEZ Assembly Third Reading

Passed 50 Yea · 25 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 462103
Democratic 4000
Republican 0402
Total 502505
% of votes cast 63%31%0%6%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Not Voting
Brough — Nay
Brown — Yea
Maienschein — Nay
Mathis — Nay
Nazarian — Yea
Olsen — Nay
Ridley-Thomas — Yea
Ting — Yea
Williams — Yea
Eggman — Yea
Chávez — Not Voting
Daly — Yea
Lopez — Yea
Frazier — Yea
Gomez — Yea
Atkins — Yea
Burke — Yea
Hadley — Nay
Harper — Nay
Holden — Yea
Kim — Nay
Levine — Yea
Linder — Nay
Mayes — Nay
McCarty — Yea
Baker — Nay
Chang — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Melendez — Nay
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Nay
Thurmond — Yea
Wagner — Nay
Waldron — Nay
Weber — Yea
Wilk — Nay
Wood — Not Voting
Campos — Yea
Gatto — Yea
Cooper — Yea
Salas — Yea
Bonilla — Yea
Jones-Sawyer — Yea
Low — Yea
Gray — Yea
Medina — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
O'Donnell — Yea
Perea — Yea
Rendon — Yea
Gonzalez — Yea
Gordon — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 10300
Republican 0200
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Wagner — Nay
Eggman — Yea
Chang — Nay
Daly — Yea
Gomez — Yea
Gordon — Yea
Bigelow — Nay
Holden — Yea
Quirk — Yea
Rendon — Yea
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10300
Republican 0101
Total 10401
% of votes cast 67%27%0%7%
How each member voted (15)
Member Party Vote
Achadjian — Nay
Quirk — Yea
Rendon — Yea
Eggman — Yea
Burke — Yea
Hadley — Nay
Bonilla — Yea
Obernolte — Nay
Santiago — Yea
Ting — Yea
Williams — Yea
Cristina Garcia — Yea
Roger Hernández — Yea
Dahle, Megan Republican Not Voting
Patterson, Joe Republican Nay

Official roll call →

Subjects

public-safety labor energy
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Frequently asked questions

What does AB 853 do?
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations, as defined. If the commission finds after a hearing that the rules, practices, equipment, appliances, facilities, or service of any public utility, or of the methods of manufacture, distribution, transmission, storage, or supply employed by the public utility, are unjust, unreasonable, unsafe, improper, inadequate, or insufficient, the Public Utilities Act requires that the commission determine and, by order or rule, fix the rules, practices, equipment, appliances, facilities, service, or methods to be observed, furnished, constructed, enforced, or employed. The Public Utilities Act requires the commission to prescribe rules for the performance of any service or the furnishing of any commodity of the character furnished or supplied by any public utility and, on proper demand and tender of rates, require the public utility to furnish the commodity or render the service within the time and upon the conditions provided in the rules adopted by the commission. This bill would, on and after the filing of an electrical corporation's or gas corporation's general rate case application, require that electrical corporation or gas corporation, except as provided, to utilize employees of that corporation for any work associated with the design, engineering, and operation of its nuclear, electrical, and gas infrastructure, including all computer and information technology systems, unless the utility files a request to contract to utilize persons who will replace those employees with the commission as a part of the utility's general rate case application. The bill would require that the request be a separate stand-alone section that is not embedded in the general requested staffing change proposals. The bill would require the utility to demonstrate that the work can be performed safely and securely, and without jeopardizing the security of its nuclear, electrical, and gas infrastructure. The bill would require the commission to evaluate the utility's proposal. The bill would require the commission to issue a written decision to approve or deny the request as part of the general rate case proceeding. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements 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.
Who sponsors AB 853?
AB 853 is sponsored by Roger Hernández.
What is the current status of AB 853?
This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” 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 853?
Track AB 853 free on One Click Politics — get push/email alerts when it moves.

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