BILL NUMBER: AB 2511 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 29, 2002
AMENDED IN ASSEMBLY APRIL 29, 2002
AMENDED IN ASSEMBLY APRIL 18, 2002
AMENDED IN ASSEMBLY APRIL 11, 2002
INTRODUCED BY Assembly Member Dutra
FEBRUARY 21, 2002
An act to add 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 a relocation agreement between certain
utilities , cable television corporations, or cable operators
and public entities, as defined, entered into in connection
with a transit or transportation capital improvement project, to
contain certain elements, and would provide that, if a utility ,
cable television corporation, or cable operator abandons
utility relocation work under a relocation agreement, the public
entity may, pursuant to the terms of the relocation agreement, assume
from the utility , cable television corporation, or cable
operator 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, or
any other a public entity, to provide funding
for utility relocation work in accordance with a utility relocation
agreement.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: 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, cable
television corporation, or cable operator, 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 , cable television
corporation, or cable operator 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. Division 3.5 (commencing with Section 7000) is added to
the Public Utilities Code, to read:
DIVISION 3.5. UTILITY RELOCATION AGREEMENTS
CHAPTER 1. RELOCATION FOR TRANSIT OR TRANSPORTATION CAPITAL
IMPROVEMENT PROJECTS
7000. (a) For purposes of this chapter, a utility
shall mean all of the following:
(a)
(1) An electric corporation, as defined in Section 218.
(b)
(2) A water corporation, as defined in Section 241.
(c)
(3) A telephone corporation, as defined in Section 234.
(d)
(4) A telecommunications carrier, as defined in Section 153
of Title 47 of the United States Code.
(e)
(5) A gas corporation, as defined in Section 222.
(f)
(6) A local publicly owned electric utility, as defined in
Section 9604, and a publicly owned gas utility.
(g)
(7) a special district that owns or operates utilities.
(b) This chapter shall also apply to the following entities:
(1) A cable television corporation, as defined in Section
215.5.
(h)
(2) A cable operator, as defined in Section 522 of Title 47
of the United States Code.
7001. For purposes of this chapter, a public entity is defined as
a city, county, city and county, special district, state agency,
joint powers authority, transportation agency, or transportation
authority.
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 may
include, but not be limited to, the following elements ,
as agreed to by the parties :
(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.
7003. (a) If a utility , cable television corporation, or
cable operator 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 7002, assume from the utility
, cable television corporation, or cable operator 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 , cable television corporation, or cable
operator 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, if the utility chooses
cable television corporation, or cable operator if the utility,
cable television corporation, or cable operator chooses to
provide a list.
(c) Any utility relocation work performed or caused to be
performed by the public entity shall be done according to industry
standards, under the oversight of the utility, cable television
corporation, or cable operator, and upon acceptance by the
utility , cable television corporation, or cable operator
.
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.
7005. The Alameda Corridor Transportation Authority, or any other
7005. A public entity, as defined in Section 7001, may
provide funding for utility relocation work in accordance with an
executed utility relocation agreement made pursuant to Section 7002.