Bill Text: CA AB1520 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Records.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB1520 Detail]

Download: California-2015-AB1520-Amended.html

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BILL NUMBER: AB 1520	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 2, 2015
	AMENDED IN SENATE  JUNE 23, 2015

INTRODUCED BY   Committee on Judiciary (Assembly Members Mark Stone
(Chair), Alejo, Chau, Chiu, Cristina Garcia,   Holden, and O'
Donnell   and   Holden  ))

                        MARCH 10, 2015

   An act to amend Section 6254.16 of the Government Code, relating
to public records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1520, as amended, Committee on Judiciary. Public Records.
   The California Public Records Act requires that public records, as
defined, be open to inspection at all times during the office hours
of  the   a  state or local agency and that
every person has a right to inspect any public record, with
specified exceptions. Existing law provides that the act shall not be
construed to require the disclosure of specified information
concerning utility customers of local agencies, except for certain
purposes.
   This bill would, instead, provide that the act shall not be
construed to require the disclosure of specified information
concerning residential utility customers of local agencies. By
increasing the duties of local officials, the bill would impose a
state-mandated local program.
   The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public
records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this
purpose.
   This bill would make legislative findings to that effect.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6254.16 of the Government Code is amended to
read:
   6254.16.  Nothing in this chapter shall be construed to require
the disclosure of the names, credit histories, utility usage data,
home addresses, or telephone numbers of residential utility customers
of local agencies, except that disclosure of the names, utility
usage data, and home addresses of residential utility customers of
local agencies shall be made available upon request as follows:
   (a) To an agent or authorized family member of the person to whom
the information pertains.
   (b) To an officer or employee of another governmental agency when
necessary for the performance of its official duties.
   (c) Upon court order or the request of a law enforcement agency
relative to an ongoing investigation.
   (d) Upon determination by the local agency that the residential
utility customer who is the subject of the request has used utility
services in a manner inconsistent with applicable local utility usage
policies.
   (e) Upon determination by the local agency that the residential
utility customer who is the subject of the request is an elected or
appointed official with authority to determine the utility usage
policies of the local agency, provided that the home address of an
appointed official shall not be disclosed without his or her consent.

   (f) Upon determination by the local agency that the public
interest in disclosure of the information clearly outweighs the
public interest in nondisclosure.
  SEC. 2.  The Legislature finds and declares that Section 1 of this
act, which amends Section 6254.16 of the Government Code, furthers,
within the meaning of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution, the purposes of that
constitutional section as it relates to the right of public access to
the meetings of local public bodies or the writings of local public
officials and local agencies. Pursuant to paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings: 
   In light of recurrent shortages of water and energy in California
and the prospect that climate change will likely increase the
intensity and frequency of these shortages, the 
    The  Legislature finds that it is in the public's
interest to know  that   the usage rates of
 industrial, institutional, and commercial water and energy
 users are responsibly meeting conservation goals. Moreover,
unlike   users. Unlike  residential utility users,
the privacy interests of industrial, institutional, and commercial
users are not sufficient to justify granting an exemption from the
public disclosure requirements, in this context.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district under this act would result from a legislative mandate that
is within the scope of paragraph (7) of subdivision (b) of Section 3
of Article I of the California Constitution.