BILL NUMBER: AB 2511 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Dutra
FEBRUARY 21, 2002
An act to add Article 9 (commencing with Section 640) to Chapter 3
of Part 1 of Division 1 of the Public Utilities Code, relating to
public utilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2511, as introduced, Dutra. Public utilities: relocation.
Under existing law, certain transit districts may exercise the
right of eminent domain to take any property necessary or convenient
to the exercise of their powers. Under existing law, the transit
district when exercising this power is, in addition to the damage for
the taking, injury, or destruction of property, also required to pay
the cost of removal, reconstruction, or relocation of any structure,
railways, mains, pipes, conduits, wires, cables, or poles of any
public utility which is required to be moved to a new location.
This bill would require certain public utilities to enter into
relocation agreements with public entities, as defined, in connection
with a transit or transportation capital improvement project. The
bill would require a relocation agreement to contain certain
elements, and would provide that if a public utility abandons utility
relocation work under a relocation agreement, the public entity may
assume from the public utility the work of relocating related
utilities and the public utility would be required to reimburse the
public entity in accordance with the relocation agreement.
Since under provisions of existing law a public utility violating
the requirements of this bill would be guilty of a crime, this bill
would impose a state-mandated local program by changing the
definition of a crime.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) For many transportation capital improvement projects, it is
necessary for utilities to be moved and relocated in advance of
construction.
(b) If utility relocation work cannot be performed expeditiously,
or cannot be completed at all by the appropriate public utility, the
result is significant costs to the public because construction work
for these projects is delayed.
(c) It is in the best interest of the state that utility
relocation work on transportation capital improvement projects be
completed expeditiously to avoid unnecessary costs and delays in
completing these vital projects.
SEC. 2. Article 9 (commencing with Section 640) is added to
Chapter 3 of Part 1 of Division 1 of the Public Utilities Code, to
read:
Article 9. Relocation for Transit or Transportation Capital
Improvement Projects
640. For purposes of this article, a public utility shall mean
the following:
(a) An electric corporation, as defined in Section 218.
(b) A water corporation, as defined in Section 241.
(c) A telephone corporation, as defined in Section 234.
(d) A gas corporation, as defined in Section 222.
(e) A local publicly owned electric utility, as defined in Section
9604, and a publicly owned gas utility.
641. For purposes of this article, a public entity is defined as
a city, county, city and county, special district, or state agency.
642. A public utility shall enter into a relocation agreement
with a public entity in connection with a transit or transportation
capital improvement project. The agreement shall be executed within
120 days of the public utility receiving a written notice from the
public entity to enter into the agreement and shall include, but not
be limited to, the following elements:
(a) Location of the work to be completed.
(b) Cost arrangements between the parties for the work to be
conducted.
(c) Schedule for the work to be completed.
(d) Remedies for contract impairment.
(e) Definition of default on the part of either party.
(f) Remedies for default by either party.
643. (a) If a public utility abandons utility relocation work
under a relocation agreement with a public entity in connection with
a transit or transportation capital improvement project, the public
entity may, but is not required to, assume from the public utility
the work of relocating utilities that relates to the project within
the jurisdiction of the public entity.
(b) Abandonment of relocation work under a relocation agreement by
a public utility for purposes of this section occurs when a public
utility does not perform the work described in a relocation agreement
for a period of 120 days or longer or as set forth in the relocation
agreement, whichever is longer.
(c) Upon abandonment of relocation work under a relocation
agreement by a public utility, a public entity may issue contracts
with another qualified entity to conduct the utility relocation work.
The public entity shall choose a qualified entity from a list
provided by the public utility.
(d) Any utility relocation work performed or cause to be performed
by the public entity shall be done according to industry standards,
under the oversight of the public utility, and upon acceptance by the
public utility.
(e) The public utility shall reimburse the public entity for the
public utility's share of the costs of the relocation work in
accordance with the relocation agreement executed pursuant to Section
642.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.