Between January of 2017 and April 2022, the average request for agency records took 58 days with several requests taking between six and 27 months. The commission has a history of unreasonable delays and excuses that make public records requests from the organization highly challenging.
#Transparent california code
The Utilities Code restricts public employees from releasing confidential information submitted by a utility, unless ordered to by the commission, by making them guilty of a misdemeanor charge. This legal hurdle actually creates an opportunity for the Commission to broadly avoid giving over public records. Today the commission employs more than 1000 workers and maintains a budget of $1.1 billion. 1."Ĭlick here to read the text of the legislation, SB 657, including guidelines.Ĭlick here to read the February 16, 2010, Pillsbury Client Alert titled, "CA Bill Would Require Manufacturers and Retailers to Combat Human Trafficking.A law enacted more than a century ago to curb corruption from railroad barons is now being used by the California Utilities Commission to evade public records requests and shirk the agency’s responsibility to voters.ĭrafted in response to concerns over the influence of the Southern Pacific Railroad during the 1910’s, the Public Utilities Code provides the agency with a far greater level of independence than most state agencies. 4, 2011, Pillsbury Client Alert titled, "Retailers, Manufacturers Must Disclose Efforts to Combat Slavery, Human Trafficking as of Jan. The Franchise Tax Board will also be required to make available to the Attorney General a list of retail sellers and manufacturers that would be covered by the Act.Ĭlick here to read the Oct. This section, however, is not intended to limit remedies available for a violation of any other state or federal law. The exclusive remedy for a violation of the Act is an action brought by the Attorney General for injunctive relief. The disclosures required by the Act must be posted starting on January 1, 2012. If the retail seller or manufacturer does not have a website, consumers are to be provided the written disclosures within 30 days of receipt of a written request.
The required disclosures are to be posted on the company's website with a "conspicuous and easily understood link" to the required information on the website's homepage.
#Transparent california verification
"Gross receipts" include "gross amounts realized … on the sale or exchange of property, the performance of services, or the use of property or capital … in a transaction that produces business income, in which the income, gain, or loss is recognized … under the Internal Revenue Code." It does not include, even if business income, items identified in California Revenue and Taxation Code Section 25120(f)(2)). Does the company have annual worldwide "gross receipts" that exceed $100,000,000?.Is the company "doing business in California?"ĭoing business in California is defined as "actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.".Is the company a "retail seller" or "manufacturer?"Īs self-reported on its California tax return, a "retail seller" is "a business entity with retail trade as its principal business activity code," and a "manufacturer" is "a business entity with manufacturing as its principal business activity code.".If the company answers "yes" to the following three questions, it is subject to the Act: Who must comply with the California Transparency in Supply Chains Act?
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