Public utilities: judicial review.

Assembly Member Bauer-Kahan's public utilities reform measure reconfigures the judicial review process for California Public Utilities Commission decisions while establishing new cost recovery limitations for utilities. The legislation extends the timeframe for filing petitions for judicial review from 30 to 90 days after commission decisions on rehearings, providing parties additional time to challenge regulatory determinations.

The bill introduces a rebuttable presumption that commission decisions substantially deviating from administrative law judges' proposed decisions are arbitrary and unlawful. Under this provision, the commission must demonstrate that such deviations were necessary for compliance with state or federal law. Additionally, the measure prohibits electrical and gas corporations from recovering costs associated with seeking judicial review of commission decisions through ratepayer fees. Utilities must track these expenses, with the commission reviewing compliance during rate cases or other proceedings.

The legislation maintains existing venue requirements for judicial review, with petitions filed in the court of appeal district where individual petitioners reside or where business petitioners maintain their principal California operations. Cases involving water corporations remain reviewable only by the Supreme Court, except for complaint or enforcement proceedings which may be heard in either the court of appeal or Supreme Court. These modifications preserve the established framework for utility oversight while adjusting procedural timelines and cost allocation rules.