BILL NUMBER: AB 1350 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 16, 2002
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
FEBRUARY 23, 2001
An act to add Section 625.1 to and repeal
Section 625.1 of 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. Gas corporations:
condemnation.
(1) 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 the
condemnation would serve the public interest.
This bill would provide that authorize
, notwithstanding the above prohibition, a gas corporation
public utility may to 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
as to property for which the gas corporation
public utility has filed a complaint in eminent
domain in superior court on or before December
October 31, 2002. The bill would also provide that it shall
become inoperative on December October
31, 2002, and, as of June April 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2003, is repealed.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. 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 October 31, 2002.
(b) This section shall become inoperative on December
October 31, 2002, and, as of June
April 1, 2003, is repealed, unless a later
enacted statute that is enacted before December
October 31, 2002, provides to the contrary.
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 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.