BILL NUMBER: AB 1350	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 7, 2002
	AMENDED IN ASSEMBLY  MAY 10, 2001
	AMENDED IN ASSEMBLY  APRIL 25, 2001
	AMENDED IN ASSEMBLY  APRIL 19, 2001

INTRODUCED BY   Assembly Member Canciamilla
    (Coauthors: Assembly Members Cogdill and Pescetti)


                        FEBRUARY 23, 2001

   An act  relating to energy   to add Section
625.1 to the Public Utilities Code, relating to gas corporations
 , and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1350, as amended, Canciamilla.   Natural gas:
producers   Gas corporations:  condemnation  .
   (1)  The California Gas Policy Act requires the Public
Utilities Commission, among other things, to encourage as a first
priority the increased production of gas in this state, as specified.
  The act also makes it the policy of the state that natural gas
produced in this state is not placed at an unfair economic
disadvantage relative to gas from sources outside of the state as the
result of any transportation tariffs or conditions of service.
   This bill would state legislative findings and declarations
regarding the need for increased natural gas production in
California.   Existing law prohibits a public utility
that offers competitive services, other than a railroad corporation,
a refined petroleum product common carrier pipeline corporation, or a
water corporation, or an electrical company or gas corporation that
needs to meet its commission-ordered obligation to serve, from
condemning any property for the purpose of competing with another
entity in the offering of those competitive services, unless the
Public Utilities Commission finds that such an action would serve the
public interest.
   This bill would provide that, notwithstanding the above
prohibition, a gas corporation public utility may exercise the power
of eminent domain to condemn any property for the purpose of
competing with another entity in the offering of natural gas and
services related to natural gas, but only to as to such property for
which the gas corporation public utility has filed a complaint in
eminent domain in superior court on or before December 31, 2002.  The
bill would also provide that it shall become inoperative on December
31, 2002, and, as of June 1, 2003, is repealed. 
   (2) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  The Legislature finds and declares all of the 

  SECTION 1.  Section 625.1 is added to the Public Utilities Code, to
read:
   625.1.  (a) Notwithstanding Section 625, a gas corporation public
utility may exercise the power of eminent domain, including, but not
limited to, any authority provided by Title 7 (commencing with
Section 1230.010) of Part 3 of the Code of Civil Procedure, to
condemn any property for the purpose of competing with another entity
in the offering of natural gas and services related to natural gas,
but only as to such property for which the gas corporation public
utility has filed a complaint in eminent domain in superior court on
or before December 31, 2002.
   (b) This section shall become inoperative on December 31, 2002,
and, as of June 1, 2003, is repealed, unless a later enacted statute
that is enacted before December 31, 2002, provides to the contrary.
  following:
   (a) California is one of the largest producers of oil and natural
gas in the nation.
   (b) Natural gas is a critical commodity necessary to electrical
production, residential heating, commodity production, and industrial
manufacturing.
   (c) California has historically produced up to 25 percent of its
total natural gas needs.
   (d) It is in the long-term economic interest of the state to
encourage and increase the amount of natural gas produced in
California.
   (e) A process should be established governing the timely
connection in California of new standard wells, including those
proposed for connection through an existing meter, and nonstandard
wells to increase in-state natural gas production.
   (f) The Public Utilities Commission's dispute resolution process
should be utilized to resolve any disputes resulting from the
implementation of the process governing timely connection of natural
gas wells. 
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:   
   In order to ensure, at the earliest possible time, the sufficient
availability of affordable natural gas necessary for electrical
production, residential heating, commodity production, and industrial
manufacturing, it is necessary for this act to take effect
immediately.  
   In order to immediately authorize the necessary condemnation of
property by a gas corporation public utility for the purpose of
competing with another entity offering natural gas and services
related to natural gas prohibited by existing law, it is necessary
that this act take effect immediately.