The commission shall adopt a policy to allow reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a hearing or proceeding to an eligible local government entity that complies with Section 1804 and satisfies all of the following requirements:

(a) The entity’s presentation makes a substantial contribution to the adoption, in whole or in part, of the commission’s order or decision.

Terms Used In California Public Utilities Code 1803.1

  • Commission: means the Public Utilities Commission created by §. See California Public Utilities Code 20
  • Eligible local government entity: means a city, county, or city and county that is not a publicly owned public utility that intervenes or participates in a commission proceeding for the purpose of protecting the health and safety of the residents within the entity's jurisdiction following a catastrophic material loss suffered by its residents either in significant damage to infrastructure or loss of life and property, or both, as a direct result of public utility infrastructure. See California Public Utilities Code 1802
  • Expert witness fees: means recorded or billed costs incurred by a customer for an expert witness. See California Public Utilities Code 1802
  • Other reasonable costs: means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution. See California Public Utilities Code 1802
  • Proceeding: means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission. See California Public Utilities Code 1802
  • Significant financial hardship: means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocate's fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding. See California Public Utilities Code 1802
  • Substantial contribution: means that, in the judgment of the commission, the customer's presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. See California Public Utilities Code 1802

(b) Participation or intervention without an award of fees or costs imposes a significant financial hardship.

(c) The subject of the hearing or proceeding is the result of a triggering event, as determined by the commission, that significantly impacted the residents of the local government entity.

(Added by Stats. 2016, Ch. 808, Sec. 11. (SB 512) Effective January 1, 2017.)

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