BILL NUMBER: AB 1350 CHAPTERED
BILL TEXT
CHAPTER 39
FILED WITH SECRETARY OF STATE MAY 16, 2002
APPROVED BY GOVERNOR MAY 15, 2002
PASSED THE ASSEMBLY MAY 9, 2002
PASSED THE SENATE MAY 2, 2002
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 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, 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 the condemnation would serve the public
interest.
This bill would authorize, notwithstanding the above prohibition,
a gas corporation 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
as to property for which the gas corporation has filed a complaint
in eminent domain in superior court on or before October 31, 2002.
The bill would also provide that it shall become inoperative on
October 31, 2002, and, as of April 1, 2003, is repealed.
(2) This bill would declare that it is to take effect immediately
as an urgency statute.
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 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
property for which the gas corporation has filed a complaint in
eminent domain in superior court on or before October 31, 2002.
(b) This section shall become inoperative on October 31, 2002,
and, as of April 1, 2003, is repealed, unless a later enacted
statute that is enacted before 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 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.