The specific constitutional authority granted to the CPUC is listed below: Textually, Article XII grants broad authority to the Legislature and narrow authority to the commission itself. Prescribe that additional classes of private corporations or other persons are public utilities (Article XII Section 3).Enable the CPUC to fix just compensation for utility property taken by eminent domain (Article XII Section 5) and.Establish the manner and scope of review of CPUC action in a court of record (Article XII Section 5).Confer additional authority and jurisdiction upon the CPUC (Article XII Section 5).What is important is that these public utilities are subject to “control by the Legislature.” Additionally, Article XII grants plenary power – unlimited by other provisions of the constitution but consistent with Article XII- to the Legislature to: Private corporations and persons that own, operate, control, or manage a line, plant, or system for the transportation of people or property, the transmission of telephone and telegraph messages, or the production, generation, transmission, or furnishing of heat, light, water, power, storage, or wharfage directly or indirectly to or for the public, and common carriers, are public utilities subject to control by the Legislature. Specifically, Article XII Section 3 lists the following regulated subject matters: Article XII creates the CPUC and provides authority to regulate public utilities.

The political environment in which the legislature now focuses on a constitutional amendment to facilitate reform has been influenced by other factors, including criticism of regulatory capture by industry, the idea that the CPUC is stretched too thin or regulates too many industries to be effective, and the CPUC’s changing regulatory authority due to deregulation, federal preemption, and shifts in industry.ĪCA 11 calls for the repeal of Article XII of the California Constitution.

AB 825(Rendon): Understandable Rates and Disclosures of Procurement and Adjudications and.AB 1023 (Rendon): Proceedings on Ex Parte Communications:.SB 660 (Leno): Regulation of Officials and Ex Parte Rules.SB 18 (Hill): Outside Counsel Approval for Criminal Investigations.The authors introduced ACA 11 in response to Governor Brown’s veto of several CPUC reform bills that were the result of fallout from the 2012 San Bruno Gas Explosion, Ex Parte communication violations, the closure of the San Onofre Nuclear Generation facility, and the recent San Aliso Canyon natural gas leak. ACAs (and Senate Constitutional Amendments (SCA)) allow the legislature to propose constitutional amendments to voters and differ from normal legislation because ACAs and SCAs do not require the signature of the Governor and, as such, cannot be vetoed. Pursuant to Article XVIII Section 1 and Section 3 of the California Constitution, the legislature must pass the ACA by a 2/3 supermajority vote of both houses for the amendment to go before voters in a statewide ballot action. What does this proposed constitutional amendment mean for California and for the CPUC? Assembly Members Gatto, Levine, and Wilk introduced a bipartisan State Assembly Constitutional Amendment (ACA) 11 on Mato reform the California Public Utilities Commission (CPUC).

Public utilities code 1756