The Legislature can no longer support a statute that keeps secret how much water is consumed by whom, thanks to Governor Brown’s emergency water consumption limitations.
The California Public Records Act was quietly amended in 1997, with little protest, to make secret information held by local public utility agencies detailing how much water or electricity is utilized by consumers, both residential and commercial. SB 448, sponsored by the City of Palo Alto, was initially described as a way to preserve individuals’ privacyspecifically, their contact information in utility billing records, such as home addresses and phone numbers. As in the case of Rebecca Schaeffer, who was murdered by a stalker in 1989 using then-open DMV records, such details on the public record could be exploited by criminals to trace their targets to their residences, according to Sher.
However, by the time the measure was finalized, the League of California Cities, which represents municipal utility districts, had supplied a second justification.
The League’s industrial “parity” argument, as noted in a committee consultant’s analysis of SB 448, said that
Investor-owned utility corporations (such as Pacific Gas and Electric and Southern California Edison) are exempt from the Public Records Act’s disclosure requirements. As a result, investor-owned utilities are able to safeguard the confidentiality of confidential company and customer data. According to the League, municipal utilities must be able to provide the same level of confidentiality protection as investor-owned utilities in order to stay viable and competitive.
In other words, to protect both business interests and personal privacy, utility customers’ water and energy consumption, as documented in local government records, had to be kept secret, with a few exceptions: if the customer is violating local rationing or other use limit policy; if the customer is an official who plays a role in setting that policy; or if the agency decides that disclosure is in the public interest in some other way.
The Public Records Act, Section 6254.16 of the Government Code, states:
Nothing in this chapter shall be construed as requiring the disclosure of a utility customer’s name, credit history, utility usage data, home address, or telephone number, except that the name, utility usage data, and home address of a utility customer of a local agency shall be made available upon request as follows:
(a) To the person to whom the information relates’s agent or authorized family member.
(b) When it is necessary for the execution of official duties by an officer or employee of another governmental agency.
(c) In response to a court order or a law enforcement agency’s request in connection with an ongoing investigation.
(d) If the local agency determines that the utility customer who is the subject of the request has used utility services in a way that is contrary to the applicable local utility usage policies.
(e) If the local agency determines that the utility customer who is the subject of the request is an elected or appointed official with responsibility to decide the local agency’s utility usage policies, provided that an appointed official’s home address is not divulged without his or her agreement.
(f) If the local agency determines that the public interest in the information’s disclosure clearly surpasses the public interest in its nondisclosure.
As noted by the California Court of Appeal in New York Times Co. v. Superior Court (Goleta Water District), 218 Cal.App.3d 1579,1586 (2d Dist. 1990), a newspaper’s request for the names of residents and businesses who had exceeded rationing limits in a recent month’s use of water supplied by a local agency was already persuasive in 1990.
In California, the preservation of water supplies has always been a major priority. The state’s policy is to encourage beneficial water use while discouraging waste… The rapid population increase in some parts of Southern California has outstripped the region’s limited water resources. Due to a severe drought in recent years, Goleta’s water resources have been further depleted.
Overdrawing one’s water allocation for a month, according to the District, does not necessarily indicate disobedience on the side of customers. Nonetheless, publicizing consumers’ overdrafts for a certain period will discourage wasteful water use in the months ahead and urge users to adhere to the ordinance’s limits.
The District’s concern that offended persons will misinterpret the information sought is speculative, and it does not trump the public’s right to know how the ordinance is being implemented.
However, in a drought 25 years later that is significantly more severe, exposing only rationing offenders is simply not enough. For one thing, local water districts that did not or were slow to enforce rationing in accordance with the Governor’s policy may keep customer usage secret notwithstanding the court’s findings because no use limitations would have been breached. For example, without knowing which residents, businesses, farms, and even government organizations are using how much water, the public is unlikely to grasp the scope of the drought.
Customers’ home addresses and card information can still be kept private, in keeping with SB 448’s original concerns about personal privacy.
However, if California is to fully understand what needs to be done to address the situation, the names of persons utilizing what quantity of water for domestic, commercial, industrial, agricultural, and even governmental uses must be made public.
Is it true that utility invoices are public record in California?
Q:Can I get a list of addresses from the city that have had their water shut off in the last 30 days under the CPRA if I ask them to redact all additional information, such as name and phone number?
A: Unless an exemption exists, the California Public Documents Act (CPRA) requires public entities to disclose public records.
The following are examples of public records: “any writing made, held, used, or retained by any state or local agency containing information relevant to the conduct of the public’s business.” 6252 of the Government Code (e).
Unfortunately, under the California Public Records Act, “the name, credit history, utility usage data, home address, or telephone number of utility customers to local agencies” is exempt from disclosure, though it does state that such information may be released “pon determination by the local agency that the public interest in disclosure clearly outweighs the public interest in nondisclosure.”
6254.16 of the Government Code (f).
This exemption’s legislative history and bill digest are both helpful; the bill digest reads: “This law would make it illegal to reveal some information from public records about private persons who are utility customers of municipal agencies, such as their name, address, and phone number.
Authorized family members, police, courts, official government business, and when the utility judges that the public interest in disclosure significantly surpasses the public interest in nondisclosure” are among the exceptions.
Nonetheless, submitting a public records request may be helpful. I would propose sending the city a written request explaining the documents you’re looking for and specifying that names and other personal identifiers can be suppressed, like you did in your email below. The city is required by the Public Data Act to respond to your request within 10 days, stating whether it will release the records and, if not, why (citing the specific exemption and describing how it applies to the records that you seek). 6253 of the Government Code (c). After hearing back from the city, you can make your case for publishing this information in the public interest, if necessary.
What is a California PUC filing?
The California Public Utilities Commission (CPUC or PUC) is a regulatory organization in California that oversees privately held public utilities such as electricity, telecommunications, natural gas, and water. The CPUC also oversees common carriers, such as household goods movers and passenger transportation companies including limousine services, as well as rail crossing safety. The CPUC is headquartered in San Francisco’s Civic Center neighborhood, with field offices in Los Angeles and Sacramento.
In California, is internet considered a utility?
The California Public Utilities Commission regulates privately owned corporations that supply electricity, natural gas, water and sewer, and telephone services (CPUC).
If you are unable to address your matter directly with the utility, the CPUC can assist you in resolving disputes and working through challenges.
Railroads, passenger transportation, and moving businesses are likewise regulated by the CPUC (e.g., limousines, shuttles, moving companies, Uber, and Lyft).
The CPUC does not regulate public utilities such as the Sacramento Municipal Utility District (SMUD) and the Los Angeles Department of Water and Power (LADWP), as well as cable television and Internet services.
Contact those companies directly or work with your local government to resolve any difficulties. Additional information on telephone and cell phone plans and services, as well as cable television and Internet service issues, can be found by clicking on these links.
To Report a Public Safety Concern:
Call 911 and report a dangling wire or a gas leak if you have a public safety issue about gas, electric, cable, telephone, water, or mobile home park utilities.
After calling 911, you can register a public safety complaint with the CPUC by following the steps outlined below.
Discounts and Assistance for Low-Income Customers:
Customers who meet certain criteria can take advantage of utility company discounts. Consult your local utility company. Also, see if you qualify for one of the following programs:
Get Help Restarting Your Utility Service or Negotiating a Payment Plan:
If your electricity, telephone, or water service has been disconnectedor you are concerned that it may be disconnecteddue to nonpayment, and you are unable to settle the issue directly with the utility, the CPUC may be able to assist you in resuming service and negotiating a payment plan. You don’t have to wait for your services to be turned off. If your utility service is about to be disconnected, call 1-800-649-7570 for help. More information about resuming your utility service and negotiating with your utility company can be found on the CPUC website. The CPUC is unable to assist you with issues involving companies that it does not oversee, such as publicly owned utilities, cable television, and Internet providers.
To File a Complaint:
Your initial step should be to contact the supplier directly about billing, services, and other issues. If you are unable to resolve the issue, you may make an informal complaint with the CPUC by filling out the online complaint form, phoning 1-800-649-7570, or writing to:
Cable Television or Internet Service Issues:
If you have a problem with cable television or the Internet, try to settle it with the provider directly, or contact the city or county that regulates these services. On the front or back of your bill, you may find contact information for the local government that controls the service. If your bill does not include this information, contact your provider or your city or county for information on how to register a complaint. You can also submit a complaint to our office or file a complaint with the Federal Communications Commission (FCC).
In Arizona, what is a public record?
The Arizona Public Records Law, which has been in effect for almost a century, requires that all public records be available for examination by anybody at any time during business hours. Books, papers, maps, pictures, and other documentary materials are examples of public records. In the case of Lake v. City of Phoenix, it was recently established that digital meta-data attached to files kept in any electronic form is considered part of the document and thus subject to open records requests.
Student records, research records, donor information, or if the release of a record would constitute an invasion of personal privacy that outweighs the public’s right to know, or if the disclosure of a record is detrimental to the state’s best interests are among the exceptions to the Arizona Public Records Law. Individuals seeking a FOIA request for commercial purposes must additionally identify their intentions, according to Arizona law.
Adoption records, some professional disciplinary records, some medical documents, some prison department records, financial records, and trade secrets are all exempt.
View a sample FOIA request for Arizona at Arizona Sample FOIA Request.
In Arizona, how can I obtain a 911 call transcript?
Obtaining a Copy of Your Request via the Portal
Select ‘Download’ from the drop-down menu at the bottom of the Service Request.
Who provides water to my Arizona address?
Contact the Arizona Corporation Commission’s Utilities Division at 602-542-4251 / 1-800-222-7000 for information regarding available water and sewer services, or go to the Utilities Division’s website and enter your address or legal description of the property. If no services are available in your region, you can contact the Arizona Department of Water Resources for information on ground water/well drilling and Maricopa County Environmental Services for septic system installation and permitting.
Is the Internet considered a utility?
People may participate in the digital world, which now includes our daily life, thanks to broadband. It allows people to stay in touch with their relatives and friends, keep up with what’s going on in the country and around the world, and gain access to an infinite number of useful information and services. Broadband has been crucial in facilitating online learning and work, access to healthcare and medical information, and even vaccine delivery during the COVID-19 epidemic. During the outbreak, 87% of respondents said the internet was crucial to them, and 53% said broadband is necessary for critical purposes and everyday duties.
If broadband is so important, why doesn’t the Federal Communications Commission have the authority to regulate it in the same manner that we regulate other public utilities like electricity, water, and phones? Why can’t the FCC ensure internet affordability, avoid bill shock, mandate network resilience, and prevent carriers from retiring older networks without replacing them? I’ll go through some of the specifics of broadband classification, explain why broadband should be classified as a utility, and outline what has to happen to make that a reality.
First and foremost, if you’ve followed our work or this topic in the past, you’re probably acquainted with the term “net neutrality.” It’s crucial to note that we’re not simply talking about net neutrality when we talk about Title II of the Communications Act. As part of the long-running campaign for net neutrality, “Title II” has entered the mainstream debate. However, the debate is over whether broadband should be classified as a common carrier, which is an economic rule that compels a service provider to serve all consumers and treat all classes of similar customers equally. Net neutrality laws are a type of common carriage that can exist even if a service is not provided as a public utility.
But there’s more to Title II than meets the eye! By reclassifying broadband as a “telecommunications service” under Title II, the FCC would be able to regulate it in a manner more like to that of public utilities. Treating anything as a utility implies that the service is so important that the government must ensure that everyone has fair, reasonable, and cheap access in some way. Utility regulations often allow for a number of broadband-related features, such as ubiquitous, low-cost access and high-quality service.
The truth is that the majority of people believe that broadband is necessary and should be considered like a utility. According to a recent Consumer Reports poll, 80% of consumers say internet is as necessary as water and electricity. The Coronavirus Aid, Relief, and Economic Security (CARES) Act, recently passed by Congress, recognizes this, stating that “the term ‘covered utility payment’ means payment for a service for the distribution of electricity, gas, water, transportation, telephone, or internet access for which service began before February 15, 2020.”
The need for high-speed Internet is undeniable. The FCC’s Title II designation means that it can impose network resiliency, reliable backup power, blackout prevention, network replacement, and other steps to guarantee that we are prepared in the event of an emergency. From the California wildfires in 2020 to AT&T’s recent decision to cut nationwide DSL broadband services to the winter storm in Texas that left millions without internet, there are several examples of the necessity for this.
Title II would allow the FCC to aim toward universal coverage and avoid digital redlining, which causes lower-income populations to have slower and more expensive access than those in higher-income areas. This is critical for a variety of aspects of our society, including children affected by the digital divide, workers who are increasingly encouraged or compelled to use the internet at home, and small businesses seeking new clients.
Title II would also establish assurances for price, consumer protection, and service quality, all of which are vital in a country with the world’s most expensive broadband and individuals who regularly access healthcare and critical information via the internet. Utility regulation, without a doubt, results in more egalitarian access. And the very nature of broadband necessitates it.
In the short run, the FCC should reclassify broadband as a Title II telecommunications service as soon as possible. This will provide it the legal authority to defend customers from internet service provider abuses, such as blocking unreasonable data caps and communications shut-offs, preserving net neutrality and network resilience, and enforcing universal service and enhanced affordability initiatives.
The fact that we are a public utility means that we must provide inexpensive access in the long run. The importance of broadband is just too great to leave its acceptance to chance. That’s why we’ve asked Congress to grant a $50-per-month broadband subsidy to low-income households. The current Emergency Broadband Benefits program, which gives a short-term $50-per-month subsidy for the pandemic, shows that Congress and the FCC recognize the need of a subsidy. (The existing FCC Lifeline program only pays low-income Americans with $9.25 per month for broadband access, which is insufficient to cover the connections that families require.)
Broadband connection should not be considered a luxuries. In this digital age, being able to communicate and function is critical. It’s time to reclassify it under Title II and treat it as the public utility that it is. Then it’s time to make sure that those in need can afford it by offering a suitable subsidy.
We’ve seen what happens when it’s not recognized as a public utility: users are at the whim of ISPs in terms of availability and pricing, because ISPs are driven to prioritize profit over the public good. It’s obvious than ever before how critical high-speed internet connectivity is. It’s past time to take efforts toward ensuring that everyone has fair and appropriate access.
Is the Public Utilities Commission of California a government agency?
The California Public Utilities Commission is a quasi-executive organization within the state government of California. Privately owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation enterprises are all regulated by the commission. The governor appoints five commissioners, who are then confirmed by the state Senate. The executive director is the commission’s administrative leader, in charge of day-to-day operations.
Is a phone bill considered a utility bill?
Is a telephone bill considered a utility bill? Phone bills are commonly classified as utility bills. However, this only applies to landlines, not mobile phones. Telephone companies’ invoices are utility bills, and they, like energy suppliers, provide a service to the general public.