BILL NUMBER: AB 2511 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 18, 2002
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 Division 3.5
(commencing with Section 7000) to 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 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 utility abandons utility
relocation work under a relocation agreement, the public entity may,
pursuant to the terms of the relocation agreement, assume from the
utility the work of relocating related utilities. 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 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.
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 no . State-mandated local program:
yes no .
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 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
SEC. 2. Division 3.5 (commencing with Section 7000) is added to
the Public Utilities Code, to read:
Article 9. Relocation for Transit or Transportation Capital
Improvement Projects
640. For purposes of this article, a
DIVISION 3.5. UTILITY RELOCATION AGREEMENTS
CHAPTER 1. RELOCATION FOR TRANSIT OR TRANSPORTATION CAPITAL
IMPROVEMENT PROJECTS
7000. For purposes of this chapter, a 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.
(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
7001. For purposes of this chapter, a public entity is defined as
a city, county, city and county, special district, or state
agency.
642.
7002. 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.
7003. (a) If a 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, pursuant to the terms of the relocation agreement made
pursuant to subdivision (g) of Section 642
7002 , assume from the utility the work of relocating utilities
that relates to the project within the jurisdiction of the public
entity.
(b) (1) A public entity may issue contracts with another qualified
entity to conduct the utility relocation work.
(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 utility.
(c) Any utility relocation work performed or cause
caused to be performed by the public entity
shall be done according to industry standards, under the oversight of
the utility, and upon acceptance by the utility.
644.
7004. 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.
7005. 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 7002 .
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.