BILL NUMBER: AB 2511 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2002
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 amended, 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 , pursuant to the
terms of the relocation agreement, 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 .
The bill would provide that the rights and remedies available
to a public entity under the bill are nonexclusive and are cumulative
of remedies available under other laws or pursuant to contract.
The bill would authorize the Alameda Corridor
Transportation Authority to provide funding for utility relocation
work in accordance with a utility relocation agreement.
Since under provisions of existing law a public utility
violating the requirements of this bill would be guilty of a crime,
violation of the Public Utilities Act is a crime, the
changes to that act that would be made by this bill would
change the definition of a crime and 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 , whether by a utility or a public
entity, as set forth in an executed utility relocation agreement,
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 utility shall mean all of 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 telecommunications carrier, as defined in Section 153
of Title 47 of the United States Code.
(e) A gas corporation, as defined in Section 222.
(e)
(f) A local publicly owned electric utility, as defined in
Section 9604, and a publicly owned gas utility.
(g) A cable television corporation, as defined in Section 215.5.
(h) A cable operator, as defined in Section 522 of Title 47 of the
United States Code.
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:
642. When a utility enters into a relocation agreement with a
public entity in connection with a transit or transportation capital
improvement project, the agreement 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.
(g) What constitutes abandonment of utility relocation work, and
remedies for addressing any abandonment.
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 pursuant to the terms of the
relocation agreement made pursuant to subdivision (g) of Section 642,
assume from the 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
(b) (1) A public entity may issue contracts with another
qualified entity to conduct the utility relocation work.
The
(2) The utility shall offer a first right of refusal to a crew or
other subgroup of its own employees that are qualified to conduct
utility relocation work to contract with the public entity for the
utility relocation work.
(3) If the crew or subgroup identified in paragraph (2) elects not
to contract with the public entity to conduct the utility relocation
work, the public entity shall choose a qualified entity from a
list provided by the public utility.
(d)
(c) 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.
644. The rights and remedies available to a public entity under
this article are nonexclusive and are cumulative to each other and to
the remedies or penalties available to the public entity under all
other laws or pursuant to contract.
645. The Alameda Corridor Transportation Authority may provide
funding for utility relocation work in accordance with an executed
utility relocation agreement made pursuant to Section 642.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.