BILL NUMBER: AB 2511 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 6, 2002
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 : Santa Clara
Valley Transportation Authority : 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 authorize a
relocation agreement between certain utilities, cable television
corporations, or cable operators and public entities, as
defined the Santa Clara Valley Transportation
Authority , 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
authority 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 the authority under the bill are
nonexclusive and are cumulative of remedies available under other
laws or pursuant to contract. The bill would authorize a
public entity, to provide funding for utility relocation work in
accordance with a utility relocation agreement require
that for the provisions of this act to apply, certain conditions
must have occurred related to a formal, written 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) For public transit capital improvement projects, delays
resulting from utility relocation work not being done in a timely
manner can cost between five hundred thousand dollars ($500,000) and
one million dollars ($1,000,000) per month.
(d) 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.
(e) If a utility, cable television corporation, or cable operator
decides, for financial or other reasons, not to perform utility
relocation work for a transit or transportation capital improvement
project pursuant to the terms of an executed utility relocation
agreement, in many cases, the only recourse for a public entity is to
initiate a potentially lengthy court process to force the utility,
cable television corporation, or cable operator to perform the work.
This situation could result in significant delays and cost increases
to a transit or transportation capital improvement project.
(f) It is the intent of the Legislature in enacting the act adding
this section to authorize the Santa Clara Valley Transportation
Authority, when implementing a transit or transportation capital
improvement project, to assume utility relocation work from a
utility, cable television company, or cable operator, but only when
the following occurs:
(1) The Santa Clara Valley Transportation Authority has executed a
formal, written utility relocation agreement with the utility, cable
television corporation, or cable operator.
(2) The utility, cable television corporation, or cable operator
refuses to move its utilities or abandons the relocation work in
violation of the relocation agreement, because of financial hardship
or other reasons.
(3) The utility relocation agreement executed by the Santa Clara
Valley Transportation Authority and the utility, cable television
corporation, or cable operator allows for the authority to assume the
utility relocation work as recourse for the work being abandoned by
the utility, cable television corporation, or cable operator.
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:
(1) An electric corporation, as defined in Section 218.
(2) A water corporation, as defined in Section 241.
(3) A telephone corporation, as defined in Section 234.
(4) A telecommunications carrier, as defined in Section 153 of
Title 47 of the United States Code.
(5) A gas corporation, as defined in Section 222.
(6) A local publicly owned electric utility, as defined in Section
9604, and a publicly owned gas utility.
(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.
(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. "authority" means the Santa
Clara Valley Transportation Authority, as defined in Section 100011.
7002. When a utility enters into a relocation agreement with
a public entity the authority in
connection with a transit or transportation capital improvement
project, the agreement 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 the authority
in connection with a transit or transportation capital
improvement project, the public entity
authority 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 authority
.
(b) (1) A public entity The authority
may issue contracts with another qualified entity to conduct
the utility relocation work.
(2) The If a collective bargaining
agreement specifically does not prohibit a crew or other subgroup of
employees of a utility, cable television corporation, or cable
operator from performing utility relocation work under a contract
with the authority in the case where work has been abandoned by the
utility, cable television corporation, or cable operator, then 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 authority
for the utility relocation work.
(3) If the crew or subgroup identified in paragraph (2) elects not
to contract with the public entity authority
to conduct the utility relocation work, the public
entity authority shall choose a qualified entity
from a list provided by the utility, 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 authority
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 the authority under this article are
nonexclusive and are cumulative to each other and to the remedies or
penalties available to the public entity
authority under all other laws or pursuant to contract.
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.
7005. This chapter applies only if all of the following occurs:
(a) The authority has executed a formal, written utility
relocation agreement with the utility, cable television corporation,
or cable operator.
(b) The utility, cable television corporation, or cable operator
abandons the relocation work because of financial hardship or other
reasons.
(c) The utility relocation agreement executed by the authority and
the utility, cable television corporation, or cable operator allows
for the authority to assume the utility relocation work as recourse
for the work being abandoned by the utility, cable television
corporation, or cable operator.
SEC. 3. The Legislature finds and declares that, because of the
unique circumstances applicable only to the Santa Clara Valley
Transportation Authority, a statute of general applicability cannot
be enacted within the meaning of subdivision (b) of Section 16 of
Article IV of the California Constitution. Therefore, this special
statute is necessary.