BILL NUMBER: SB 611 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 6, 2013
AMENDED IN ASSEMBLY JUNE 14, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE MAY 8, 2013
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senator Hill
( Principal coauthor: Senator
Wolk )
FEBRUARY 22, 2013
An act to amend Sections 309.5, 1731, 1756, and 5900 of
the Public Utilities Code, relating to the Public Utilities
Commission 15820.903 and 15820.913 of, and to add
Section 15820.927 to, the Government Code, and to add Section 1978 to
the Welfare and Institutions Code, relating to correctional
facilities .
LEGISLATIVE COUNSEL'S DIGEST
SB 611, as amended, Hill. Public Utilities Commission:
Division of Ratepayer Advocates: judicial review of commission
decisions. Correctional facilities: bond financing.
(1) Existing law authorizes the Department of Corrections and
Rehabilitation, participating counties, and the State Public Works
Board to acquire, design, and construct local jail facilities
approved by the Board of State and Community Corrections (BSCC).
Existing law authorizes the State Public Works Board to issue revenue
bonds, notes, or bond anticipation notes in the amounts of
$445,771,000 and $774,229,000, in 2 phases, to finance the
acquisition, design, and construction, and a reasonable construction
reserve, of approved local jail facilities, as specified. The funds
derived from those revenue bonds, notes, or bond anticipation notes
are continuously appropriated for the purposes described above.
This bill would decrease the authorization for revenue bonds,
notes, or bond anticipation notes in the first phase from
$445,771,000 to $365,771,000 and increase the authorization of the
2nd phase from $774,229,000 to $854,229,000.
(2) Existing law authorizes the Board of State and Community
Corrections, the State Public Works Board, and a participating county
to acquire, design, and construct an adult local criminal justice
facility approved by the Board of State and Community Corrections, or
to acquire a site or sites owned by, or subject to a lease option to
purchase held by, a participating county. Existing law authorizes
the State Public Works Board to issue up to $500,000,000 in revenue
bonds, notes, or bond anticipation notes to finance the acquisition,
design, and construction of approved adult local criminal justice
facilities, and continuously appropriates the funds for those
purposes.
This bill would authorize the Board of State and Community
Corrections to select the County of San Mateo for the grant of a
conditional award, on the same basis as other counties under this
program, even if the county has started working drawings, started
construction phase activities, put the project out to bid, adopted
performance criteria, created concept drawings, completed the
design-build package, or put the project out for design-build
solicitation. The bill would authorize the necessary approvals by the
State Public Works Board and the Department of Finance to be given
to the County of San Mateo project, if selected, even after specified
phases of the project are complete.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of San Mateo.
(3) Existing law authorizes the Department of Corrections and
Rehabilitation, a participating county, and the board to acquire,
design, renovate, or construct a local youthful offender
rehabilitative facility, approved by the BSCC, or a site or sites
owned by, or subject to a lease or option to purchase held by, a
participating county. Existing law authorizes the issuance of up to
$300,000,000 in revenue bonds, notes, or bond anticipation notes to
finance the acquisition, design, renovation, or construction, and a
reasonable construction reserve, of approved local youthful offender
rehabilitative facilities.
This bill would, in the event that a county that has been
conditionally awarded financing later determines that participating
with other counties in a shared regional facility would provide an
improved solution to the county's needs and the needs of other
counties, authorize the county to apply to the BSCC for redirection
of the conditional award to another county that will be the lead
county for the regional facility, in conjunction with the original
county and, potentially, other counties. The bill would authorize the
board to redirect the conditional award, prior to any approval and
establishment of the project, if certain determinations are made by
the BSCC.
The California Constitution establishes the Public Utilities
Commission, with jurisdiction over all public utilities, as defined.
Existing law establishes the Division of Ratepayer Advocates within
the commission to represent the interests of public utility customers
and subscribers, with the goal of obtaining the lowest possible rate
for service consistent with reliable and safe service levels.
Existing law requires the division to annually submit specified
information to the Legislature, as prescribed. Existing law requires
the Director of the Division of Ratepayer Advocates to submit an
annual budget to the commission for final approval. Existing law
authorizes the director of the division to appoint a lead attorney to
represent the division and requires all attorneys assigned by the
Public Utilities Commission to perform services for the division to
report to and be directed by the lead attorney for the division.
This bill would rename the Division of Ratepayer Advocates the
Office of Ratepayer Advocates, would authorize the office to seek
rehearings and judicial review of commission decisions, and would
require the office to include information about petitions for writs
of review filed by the office under this authority in the annual
report to the Legislature. The bill would require that the director
of the office develop a budget for the office that would be submitted
to the Department of Finance for final approval. The bill would
require the lead attorney to obtain adequate legal personnel for the
work to be conducted by the office from the Public Utilities
Commission's attorney and requires the Public Utilities Commission's
attorney to timely and appropriately fulfill all requests for legal
personnel made by the lead attorney for the office, provided the
office has sufficient moneys and positions in its budget for the
services requested. The bill would make other conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 15820.903 of the
Government Code is amended to read:
15820.903. (a) The SPWB may issue up to four hundred
forty-five three hundred sixty-five million
seven hundred seventy-one thousand dollars ($445,771,000)
($365,771,000) in revenue bonds, notes, or bond
anticipation notes, pursuant to Chapter 5 of Part 10b of Division 3
of Title 2 (commencing with Section 15830) to finance the
acquisition, design, or construction, and a reasonable construction
reserve, of approved local jail facilities described in Section
15820.901, and any additional amount authorized under Section 15849.6
to pay for the cost of financing.
(b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be utilized to reimburse a participating county for the
costs of acquisition, preliminary plans, working drawings, and
construction for approved projects.
(c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.902 are continuously appropriated for
purposes of this chapter.
(d) This section shall become inoperative on June 30, 2017, and no
project may be commenced after that date; however, projects that
have already commenced by that date may be completed and financed
with bonds issued pursuant to this chapter.
SEC. 2. Section 15820.913 of the
Government Code is amended to read:
15820.913. (a) The SPWB may issue up to seven hundred
seventy-four eight hundred fifty-four million
two hundred twenty-nine thousand dollars ($774,229,000)
($854,229,000) in revenue bonds, notes, or bond
anticipation notes, pursuant to Chapter 5 of Part 10b of Division 3
of Title 2 (commencing with Section 15830) to finance the
acquisition, design, or construction, and a reasonable construction
reserve, of approved local jail facilities described in Section
15820.911, and any additional amount authorized under Section 15849.6
to pay for the cost of financing.
(b) Proceeds from the revenue bonds, notes, or bond anticipation
notes may be used to reimburse a participating county for the costs
of acquisition, preliminary plans, working drawings, and construction
for approved projects.
(c) Notwithstanding Section 13340, funds derived pursuant to this
section and Section 15820.912 are continuously appropriated for
purposes of this chapter.
SEC. 3. Section 15820.927 is added to the
Government Code , to read:
15820.927. (a) Notwithstanding any other law, regulation, or a
request-for-proposal issued pursuant to this chapter, the Board of
State and Community Corrections may select the County of San Mateo
for the grant of a conditional award, on the same basis as any other
county selected for a conditional award under this chapter, even if
the county has started working drawings, started construction phase
activities, put the project out to bid, adopted performance criteria,
created concept drawings, completed the design-build package, or put
the project out for design-build solicitation. The commencement of
any of these activities shall not disqualify the County of San Mateo
from eligibility for selection for a conditional award pursuant to
this chapter.
(b) (1) Notwithstanding Section 13332.11 or any other law,
regulation, or request for proposal issued pursuant to this chapter,
the approvals by the State Public Works Board and the Department of
Finance required for the funding of a project in the County of San
Mateo, if that project is selected for a conditional award pursuant
to this section, including, but not limited to, approval of the plans
and working drawings, may be given after the start of working
drawings, after the start of construction phase activities, or after
the project is put out for bid.
(2) Notwithstanding Section 13332.19 or any other law, regulation,
or request for proposal issued pursuant to this chapter, the
approvals by the State Public Works Board and the Department of
Finance required for the funding of a project in the County of San
Mateo, if that project is selected for a conditional award pursuant
to this section, including, but not limited to, approval of
performance criteria, concept drawings, and the design-build bid
package, may be given after the start of construction phase
activities or after the project has been put out for design-build
solicitation.
(c) Other than as set forth in subdivision (d), a project that is
approved under this section shall remain subject to the oversight of
the State Public Works Board and Department of Finance to the same
extent as any other project that receives funding under this chapter.
A project that is approved under this section may be allocated funds
for expenditures made after the State Public Works Board and the
Department of Finance approve the project.
SEC. 4. Section 1978 is added to the
Welfare and Institutions Code , immediately
following Section 1977 , to read:
1978. In the event that a county that has been conditionally
awarded financing, pursuant to this article, later determines that
participating with other counties in a shared regional facility would
provide an improved solution to the county's needs and the needs of
other counties, the original county may apply to the Board of State
and Community Corrections (BSCC) for redirection of the conditional
award to another county that will be the lead county for the regional
facility, in conjunction with the original county and, potentially,
other counties. If the BSCC determines, based on findings submitted
by the regional consortium of counties, that the redirection will
result in cost savings, regional efficiencies, increased services,
and improved outcomes, and that the design of the joint facility will
enhance program delivery, health and mental health services, and the
safety and security of minors, the BSCC may authorize the
redirection of the conditional award. Redirection may only be
considered prior to any approval or establishment of the project by
the board.
SEC. 5. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique position of the County
of San Mateo to begin construction on a jail facility to help reduce
the critical level of prison overcrowding.
SECTION 1. Section 309.5 of the Public
Utilities Code is amended to read:
309.5. (a) There is within the commission an independent Office
of Ratepayer Advocates to represent and advocate on behalf of the
interests of public utility customers and subscribers within the
jurisdiction of the commission. The goal of the office shall be to
obtain the lowest possible rate for service consistent with reliable
and safe service levels. For revenue allocation and rate design
matters, the office shall primarily consider the interests of
residential and small commercial customers. The office may seek
rehearing and judicial review of commission decisions pursuant to
Article 2 (commencing with Section 1731) and Article 3 (commencing
with Section 1756) of Chapter 9.
(b) The director of the office shall be appointed by, and serve at
the pleasure of, the Governor, subject to confirmation by the
Senate.
The director shall annually appear before the appropriate policy
committees of the Assembly and the Senate to report on the activities
of the office.
(c) The director shall develop a budget for the office that shall
be subject to final approval of the Department of Finance. As
authorized in the approved budget, the office shall employ personnel
and resources, including attorneys and other legal support staff, at
a level sufficient to ensure that customer and subscriber interests
are effectively represented in all significant proceedings. The
office may employ experts necessary to carry out its functions. The
director may appoint a lead attorney who shall represent the office,
and shall report to and serve at the pleasure of the director. The
lead attorney for the office shall obtain adequate legal personnel
for the work to be conducted by the office from the commission's
attorney appointed pursuant to Section 307. The commission's attorney
shall timely and appropriately fulfill all requests for legal
personnel made by the lead attorney for the office, provided the
office has sufficient moneys and positions in its budget for the
services requested.
(d) The commission shall develop appropriate procedures to ensure
that the existence of the office does not create a conflict of roles
for any employee. The procedures shall include, but shall not be
limited to, the development of a code of conduct and procedures for
ensuring that advocates and their representatives on a particular
case or proceeding are not advising decisionmakers on the same case
or proceeding.
(e) The office may compel the production or disclosure of any
information it deems necessary to perform its duties from any entity
regulated by the commission, provided that any objections to any
request for information shall be decided in writing by the assigned
commissioner or by the president of the commission, if there is no
assigned commissioner.
(f) There is hereby created the Public Utilities Commission
Ratepayer Advocate Account in the General Fund. Moneys from the
Public Utilities Commission Utilities Reimbursement Account in the
General Fund shall be transferred in the annual Budget Act to the
Public Utilities Commission Ratepayer Advocate Account. The funds in
the Public Utilities Commission Ratepayer Advocate Account shall be a
budgetary program fund administered and utilized exclusively by the
office in the performance of its duties as determined by the
director. The director shall annually submit a staffing report
containing a comparison of the staffing levels for each five-year
period.
(g) On or before January 10 of each year, the office shall provide
to the chairperson of the fiscal committee of each house of the
Legislature and to the Joint Legislative Budget Committee all of the
following information:
(1) The number of personnel years utilized during the prior year
by the Office of Ratepayer Advocates.
(2) The total dollars expended by the Office of Ratepayer
Advocates in the prior year, the estimated total dollars expended in
the current year, and the total dollars proposed for appropriation in
the following budget year.
(3) Workload standards and measures for the Office of Ratepayer
Advocates.
(h) The office shall meet and confer in an informal setting with a
regulated entity prior to issuing a report or pleading to the
commission regarding alleged misconduct, or a violation of a law or a
commission rule or order, raised by the office in a complaint. The
meet and confer process shall be utilized in good faith to reach
agreement on issues raised by the office regarding any regulated
entity in the complaint proceeding.
SEC. 2. Section 1731 of the Public Utilities
Code is amended to read:
1731. (a) The commission shall set an effective date when issuing
an order or decision. The commission may set the effective date of
an order or decision prior to the date of issuance of the order or
decision.
(b) (1) After any order or decision has been made by the
commission, any party to the action or proceeding, including the
Office of Ratepayer Advocates, or any stockholder or bondholder or
other party pecuniarily interested in the public utility affected,
may apply for a rehearing in respect to any matters determined in the
action or proceeding and specified in the application for rehearing.
The commission may grant and hold a rehearing on those matters, if
in its judgment sufficient reason is made to appear. No cause of
action arising out of any order or decision of the commission shall
accrue in any court to any corporation or person unless the
corporation or person has filed an application to the commission for
a rehearing within 30 days after the date of issuance or within 10
days after the date of issuance in the case of an order issued
pursuant to either Article 5 (commencing with Section 816) or Article
6 (commencing with Section 851) of Chapter 4 relating to security
transactions and the transfer or encumbrance of utility property.
(2) The commission shall notify the parties of the issuance of an
order or decision by either mail or electronic transmission.
Notification of the parties may be accomplished by one of the
following methods:
(A) Mailing the order or decision to the parties to the action or
proceeding.
(B) If a party to an action or proceeding consents in advance to
receive notice of any order or decision related to the action or
proceeding by electronic mail address, notification of the party may
be accomplished by transmitting an electronic copy of the official
version of the order or decision to the party if the party has
provided an electronic mail address to the commission.
(C) If a party to an action or proceeding consents in advance to
receive notice of any order or decision related to the action or
proceeding by electronic mail address, notification of the party may
be accomplished by transmitting a link to an Internet Web site where
the official version of the order or decision is readily available to
the party if the party has provided an electronic mail address to
the commission.
(3) For the purposes of this article, "date of issuance" means the
mailing or electronic transmission date that is stamped on the
official version of the order or decision.
(c) No cause of action arising out of any order or decision of the
commission construing, applying, or implementing the provisions of
Chapter 4 of the Statutes of the 2001-02 First Extraordinary Session
that (1) relates to the determination or implementation of the
department's revenue requirements, or the establishment or
implementation of bond or power charges necessary to recover those
revenue requirements, or (2) in the sole determination of the
Department of Water Resources, the expedited review of order or
decision of the commission is necessary or desirable, for the
maintenance of any credit ratings on any bonds or notes of the
department issued pursuant to Division 27 (commencing with Section
80000) of the Water Code or for the department to meet its
obligations with respect to any bonds or notes pursuant to that
division, shall accrue in any court to any corporation or person
unless the corporation or person has filed an application with the
commission for a rehearing within 10 days after the date of issuance
of the order or decision. The Department of Water Resources shall
notify the commission of any determination pursuant to paragraph (2)
of this subdivision prior to the issuance by the commission of any
order or decision construing, applying, or implementing the
provisions of Chapter 4 of the Statutes of the 2001-02 First
Extraordinary Session. The commission shall issue its decision and
order on rehearing within 20 days after the filing of the
application.
SEC. 3. Section 1756 of the Public Utilities
Code is amended to read:
1756. (a) Within 30 days after the commission issues its decision
denying the application for a rehearing, or, if the application was
granted, then within 30 days after the commission issues its decision
on rehearing, or at least 120 days after the application is granted
if no decision on rehearing has been issued, any aggrieved party,
including the Office of Ratepayer Advocates, may petition for a writ
of review in the court of appeal or the Supreme Court for the purpose
of having the lawfulness of the original order or decision or of the
order or decision on rehearing inquired into and determined. If the
writ issues, it shall be made returnable at a time and place
specified by court order and shall direct the commission to certify
its record in the case to the court within the time specified.
(b) The petition for review shall be served upon the executive
director and the general counsel of the commission either personally
or by service at the office of the commission.
(c) With regard to petitions for a writ of review filed pursuant
to subdivision (a) by the Office of Ratepayer Advocates, the office
shall include in its annual written report to the chairperson of the
fiscal committee of each house of the Legislature and to the Joint
Legislative Budget Committee, required by subdivision (g) of Section
309.5, all of the following information:
(1) The number of petitions for writs of review the office filed.
(2) The office's rationale for seeking each writ of review.
(3) The amount of ratepayer dollars the office expended on
petitions.
(d) For purposes of this section, the issuance of a decision or
the granting of an application shall be construed to have occurred on
the date of issuance, as defined in paragraph (3) of subdivision (b)
of Section 1731.
(e) The venue of a petition filed in the court of appeal pursuant
to this section shall be in the judicial district in which the
petitioner resides. If the petitioner is a business, venue shall be
in the judicial district in which the petitioner has its principal
place of business in California.
(f) Any party may seek from the Supreme Court, pursuant to
California Rules of Court, an order transferring related actions to a
single appellate district.
(g) For purposes of this section, review of decisions pertaining
solely to water corporations shall only be by petition for writ of
review in the Supreme Court, except that review of complaint or
enforcement proceedings may be in the court of appeal or the Supreme
Court.
(h) No order or decision arising out of a commission proceeding
under Section 854 shall be reviewable in the court of appeal pursuant
to subdivision (a) if the application for commission authority to
complete the merger or acquisition was filed on or before December
31, 1998, by two telecommunications-related corporations including at
least one which provides local telecommunications service to over
one million California customers. These orders or decisions shall be
reviewed pursuant to the Public Utilities Code in existence on
December 31, 1998.
SEC. 4. Section 5900 of the Public Utilities
Code is amended to read:
5900. (a) The holder of a state franchise shall comply with the
provisions of Sections 53055, 53055.1, 53055.2, and 53088.2 of the
Government Code, and any other customer service standards pertaining
to the provision of video service established by federal law or
regulation or adopted by subsequent enactment of the Legislature. All
customer service and consumer protection standards under this
section shall be interpreted and applied to accommodate newer or
different technologies while meeting or exceeding the goals of the
standards.
(b) The holder of a state franchise shall comply with provisions
of Section 637.5 of the Penal Code and the privacy standards
contained in Section 551 et seq. of Title 47 of the United States
Code.
(c) The local entity shall enforce all of the customer service and
protection standards of this section with respect to complaints
received from residents within the local entity's jurisdiction, but
it may not adopt or seek to enforce any additional or different
customer service or other performance standards under Section 53055.3
or subdivision (q), (r), or (s) of Section 53088.2 of the Government
Code, or any other authority or provision of law.
(d) The local entity shall, by ordinance or resolution, provide a
schedule of penalties for any material breach by a holder of a state
franchise of this section. No monetary penalties shall be assessed
for a material breach if it is out of the reasonable control of the
holder. Further, no monetary penalties may be imposed prior to
January 1, 2007. Any schedule of monetary penalties adopted pursuant
to this section shall in no event exceed five hundred dollars ($500)
for each day of each material breach, not to exceed one thousand five
hundred dollars ($1,500) for each occurrence of a material breach.
However, if a material breach of this section has occurred, and the
local entity has provided notice and a fine or penalty has been
assessed, and if a subsequent material breach of the same nature
occurs within 12 months, the penalties may be increased by the local
entity to a maximum of one thousand dollars ($1,000) for each day of
each material breach, not to exceed three thousand dollars ($3,000)
for each occurrence of the material breach. If a third or further
material breach of the same nature occurs within those same 12
months, and the local entity has provided notice and a fine or
penalty has been assessed, the penalties may be increased to a
maximum of two thousand five hundred dollars ($2,500) for each day of
each material breach, not to exceed seven thousand five hundred
dollars ($7,500) for each occurrence of the material breach. With
respect to video providers subject to a franchise or license, any
monetary penalties assessed under this section shall be reduced
dollar-for-dollar to the extent any liquidated damage or penalty
provision of a current cable television ordinance, franchise
contract, or license agreement imposes a monetary obligation upon a
video provider for the same customer service failures, and no other
monetary damages may be assessed.
(e) The local entity shall give the video service provider written
notice of any alleged material breach of the customer service
standards of this division and allow the video provider at least 30
days from receipt of the notice to remedy the specified material
breach.
(f) A material breach for the purposes of assessing penalties
shall be deemed to have occurred for each day within the jurisdiction
of each local entity, following the expiration of the period
specified in subdivision (e), that any material breach has not been
remedied by the video service provider, irrespective of the number of
customers or subscribers affected.
(g) Any penalty assessed pursuant to this section shall be
remitted to the local entity, which shall submit one-half of the
penalty to the Digital Divide Account established in Section 280.5.
(h) Any interested person may seek judicial review of a decision
of the local entity in a court of appropriate jurisdiction. For this
purpose, a court of law shall conduct a de novo review of any issues
presented.
(i) This section shall not preclude a party affected by this
section from utilizing any judicial remedy available to that party
without regard to this section. Actions taken by a local legislative
body, including a local franchising entity, pursuant to this section
shall not be binding upon a court of law. For this purpose, a court
of law shall conduct de novo review of any issues presented.
(j) For purposes of this section, "material breach" means any
substantial and repeated failure of a video service provider to
comply with service quality and other standards specified in
subdivision (a).
(k) The Office of Ratepayer Advocates shall have authority to
advocate on behalf of video subscribers regarding renewal of a
state-issued franchise and enforcement of this section, and Sections
5890 and 5950. For this purpose, the office shall have access to any
information in the possession of the commission subject to all
restrictions on disclosure of that information that are
applicable to the commission.