BILL NUMBER: AB 366	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Holden

                        FEBRUARY 14, 2013

   An act to amend Section 8282 of the Public Utilities Code,
relating to women, minority, and disabled veteran business
enterprises.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 366, as introduced, Holden. Women, minority, and disabled
veteran business enterprises.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical, gas, water,
and telephone corporations. Existing law authorizes the commission to
establish rules for all public utilities, subject to control by the
Legislature.
   Existing law directs the commission to require every electrical,
gas, water, wireless telecommunications service provider, and
telephone corporation with annual gross revenues exceeding
$25,000,000, and their regulated subsidiaries and affiliates, to
implement a program developed by the commission to encourage,
recruit, and utilize minority-, women-, and disabled veteran-owned
business enterprises, as defined, in the procurement of contracts
from those corporations or from their regulated subsidiaries and
affiliates, and to require the reporting of certain information.
Existing law requires the commission, by rule or order, to adopt
criteria for verifying and determining eligibility of women,
minority, and disabled veteran business enterprises for procurement
contracts. The commission, by its rulemaking authority, has adopted
General Order 156, applicable to certain electrical, gas, and
telephone corporations, to effectuate these requirements. For the
purposes of these provisions, existing law defines a minority
business enterprise as a business enterprise that is at least 51%
owned by a minority group or groups; or, in the case of any publicly
owned business, at least 51% of the stock of which is owned by one or
more minority groups, and whose management and daily business
operations are controlled by one or more of those individuals.
   This bill would revise the definition of a minority business
enterprise by providing that a minority business enterprise means
that at least 51% of the business enterprise, or at least 51% of the
stock in the case of a publicly owned company, is owned by one or
more minority groups, or that the management and daily operations of
the business are controlled by one or more members of a minority
group.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 8282 of the Public Utilities Code is amended to
read:
   8282.  For the purposes of this article, the following definitions
apply:
   (a) "Women business enterprise" means a business enterprise that
is at least 51 percent owned by a woman or women; or, in the case of
any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and whose management and daily
business operations are controlled by one or more of those
individuals.
   (b) "Minority business enterprise" means a business enterprise
that is at least 51 percent owned by a minority group or groups; or,
in the case of any publicly owned business, at least 51 percent of
the stock of which is owned by one or more minority groups, 
and   or  whose management and daily business
operations are controlled by one or more  of those
individuals   members of a minority group  . The
contracting utility shall presume that minority includes Black
Americans, Hispanic Americans, Native Americans, and Asian Pacific
Americans.
   (c) "Disabled veteran business enterprise" has the same meaning as
defined in subdivision (g) of Section 999 of the Military and
Veterans Code.
   (d) "Control" means exercising the power to make policy decisions.

   (e) "Operate" means being actively involved in the day-to-day
management and not merely officers or directors.