Assembly Member Petrie-Norris proposes changes to Public Utilities Commission procedures

In a move aimed at enhancing transparency and public participation in regulatory processes, California Assembly Bill 420 was introduced on February 5, 2025, by Assembly Member Petrie-Norris. This bill seeks to amend Section 1701.9 of the Public Utilities Code, specifically addressing the procedures of the California Public Utilities Commission (CPUC) during its decision-making processes.

Currently, the CPUC is permitted to hold closed sessions to deliberate on proposed decisions, orders, or resolutions, provided they give a three-day advance notice to the public. Additionally, there is a "quiet period" that prohibits oral and written ex parte communications in the three business days leading up to a scheduled vote. Under existing law, interested parties can only submit written communications if the CPUC materially modifies a proposed decision during this quiet period. AB 420 proposes to broaden this provision, allowing interested individuals to submit written communications even if the commission makes any modification, not just material ones.

The bill aims to address concerns regarding the accessibility of the regulatory process for stakeholders, particularly those who may feel sidelined during critical decision-making phases. By allowing broader communication during the quiet period, proponents argue that it will foster greater engagement and ensure that the commission considers a wider range of perspectives before finalizing decisions.

However, the bill is not without its critics. Some stakeholders express concerns that loosening restrictions on communications during the quiet period could lead to undue influence on the commission's decisions, potentially compromising the integrity of the regulatory process. The debate surrounding AB 420 highlights the ongoing tension between transparency and the need for impartiality in regulatory proceedings.

The implications of this bill could be significant. If passed, it may reshape how stakeholders interact with the CPUC, potentially leading to more informed decision-making that reflects a broader array of interests. Conversely, if the bill faces strong opposition, it may lead to a reevaluation of how the commission balances public input with the need for fair and unbiased deliberation.

As the legislative session progresses, AB 420 will likely be a focal point of discussion among policymakers, industry representatives, and advocacy groups, each weighing the benefits of increased transparency against the risks of compromising the regulatory process. The outcome of this bill could set a precedent for how public utilities are governed in California, influencing future legislative efforts aimed at reforming regulatory practices.