ARTICLE XII PUBLIC UTILITIES
[SECTION 1 – SEC. 9]
( Article 12 added Nov. 5, 1974, by Prop. 12. Res.Ch. 88, 1974. )
The Public Utilities Commission consists of 5 members appointed by the Governor and approved by the Senate, a majority of the membership concurring, for staggered 6-year terms. A vacancy is filled for the remainder of the term. The Legislature may remove a member for incompetence, neglect of duty, or corruption, two thirds of the membership of each house concurring.
(Sec. 1 added Nov. 5, 1974, by Prop. 12. Res.Ch. 88, 1974.)
Subject to statute and due process, the commission may establish its own procedures. Any commissioner as designated by the commission may hold a hearing or investigation or issue an order subject to commission approval.
(Sec. 2 added Nov. 5, 1974, by Prop. 12. Res.Ch. 88, 1974.)
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. The Legislature may prescribe that additional classes of private corporations or other persons are public utilities.
(Sec. 3 added Nov. 5, 1974, by Prop. 12. Res.Ch. 88, 1974.)
The commission may fix rates and establish rules for the transportation of passengers and property by transportation companies, prohibit discrimination, and award reparation for the exaction of unreasonable, excessive, or discriminatory charges. A transportation company may not raise a rate or incidental charge except after a showing to and a decision by the commission that the increase is justified, and this decision shall not be subject to judicial review except as to whether confiscation of property will result.
(Sec. 4 added Nov. 5, 1974, by Prop. 12. Res.Ch. 88, 1974.)
The Legislature has plenary power, unlimited by the other provisions of this constitution but consistent with this article, to confer additional authority and jurisdiction upon the commission, to establish the manner and scope of review of commission action in a court of record, and to enable it to fix just compensation for utility property taken by eminent domain.
(Sec. 5 added Nov. 5, 1974, by Prop. 12. Res.Ch. 88, 1974.)
The commission may fix rates, establish rules, examine records, issue subpenas, administer oaths, take testimony, punish for contempt, and prescribe a uniform system of accounts for all public utilities subject to its jurisdiction.
(Sec. 6 added Nov. 5, 1974, by Prop. 12. Res.Ch. 88, 1974.)
A transportation company may not grant free passes or discounts to anyone holding an office in this State; and the acceptance of a pass or discount by a public officer, other than a Public Utilities Commissioner, shall work a forfeiture of that office. A Public Utilities Commissioner may not hold an official relation to nor have a financial interest in a person or corporation subject to regulation by the commission.
(Sec. 7 added Nov. 5, 1974, by Prop. 12. Res.Ch. 88, 1974.)
A city, county, or other public body may not regulate matters over which the Legislature grants regulatory power to the Commission. This section does not affect power over public utilities relating to the making and enforcement of police, sanitary, and other regulations concerning municipal affairs pursuant to a city charter existing on October 10, 1911, unless that power has been revoked by the city’s electors, or the right of any city to grant franchises for public utilities or other businesses on terms, conditions, and in the manner prescribed by law.
(Sec. 8 added Nov. 5, 1974, by Prop. 12. Res.Ch. 88, 1974.)
The provisions of this article restate all related provisions of the Constitution in effect immediately prior to the effective date of this amendment and make no substantive change.
(Sec. 9 added Nov. 5, 1974, by Prop. 12. Res.Ch. 88, 1974.)