The following provisions apply during the pendency of a commission proceeding, except these provisions do not apply during an adjudicatory or quasi-legislative proceeding:

(a) The commission may meet in closed session to deliberate on a proposed decision, order, or resolution after providing three-day advance notice to the public.

(b) The commission shall establish a quiet period during the three business days before the commission’s scheduled vote on a decision, during which oral ex parte communications shall not be permitted.

(c) The requirement specified in subparagraph (F) of paragraph (1) of subdivision (b) of § 11123 of the Government Code shall not apply to a meeting of the commission during a quiet period that is held by teleconference.

(d) (1) If the commission materially modifies a proposed decision during the first two business days of the three-day quiet period before the commission’s scheduled vote on the proposed decision, an interested person may submit a written ex parte communication during those two business days if copies of the written ex parte communication are concurrently transmitted to all parties at the same time as the written ex parte communication is submitted to the commission and the scope of the written ex parte communication is limited to the portion of the proposed decision that was materially modified.

(2) If the commission materially modifies a proposed decision during the last business day of the three-day quiet period before the commission’s scheduled vote on the proposed decision, an interested person may submit a written ex parte communication on that day if copies of the written ex parte communication are concurrently transmitted to all parties at the same time as the written ex parte communication is submitted to the commission and the scope of the written ex parte communication is limited to the portion of the proposed decision that was materially modified.

(Amended by Stats. 2023, Ch. 826, Sec. 2. (AB 1068) Effective January 1, 2024.)