BILL ANALYSIS
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THIRD READING
Bill No: AB 2511
Author: Dutra (D)
Amended: 8/6/02 in Senate
Vote: 21
SENATE ENERGY, U.&C. COMMITTEE : 8-0, 6/25/02
AYES: Bowen, Morrow, Alarcon, Battin, Dunn, Murray, Sher,
Vasconcellos
ASSEMBLY FLOOR : 67-0, 5/2/02 - See last page for vote
SUBJECT : Public utilities: Santa Clara Valley
SOURCE : Santa Clara Valley Transportation Authority
DIGEST : This bill allows the Santa Clara Valley
Transportation Authority to take over utility relocation
work related to a transit or transportation capital
improvement project, as specified.
ANALYSIS : Existing law authorizes certain transit
districts to exercise the right of eminent domain to take
any property necessary or convenient to the exercise of
their powers. When exercising this power, transit agencies
are required to pay the cost of removal, reconstruction, or
relocation of any structure, railway, main, pipe, conduit,
wire, cable, or pole of any public utility which is
required to be moved to a new location. Transit districts
must also pay any applicable damages from the taking,
injury, or destruction of property.
CONTINUED
AB 2511
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This bill authorizes the Santa Clara Valley Transportation
Authority (VTA) to take over utility relocation work
related to a transit or transportation capital improvement
project within its jurisdiction under the following
circumstances:
1. VTA has a relocation agreement with the utility which
allows VTA to assume the relocation work.
2. The utility has abandoned the relocation work.
This bill authorizes VTA to hire workers other than the
utility's employees to do the relocation work. If working
for VTA is permitted by the applicable collective
bargaining agreement, the authority is required to offer a
right of first refusal to the utility's employees. If the
utility's employees elect not to contract with VTA, VTA is
then required to hire workers from a list provided by the
utility and its collective bargaining representative, if
they choose to provide a list.
Background :
A transportation project, like many other development
projects, may require electric, gas, telephone or water
utility facilities, or cable facilities to be relocated.
These facilities are utility property and, ordinarily, the
utility is responsible for relocating them. Sometimes a
formal agreement with the project proponent is necessary,
particularly if the project proponent will bear some of the
expense. Utility facilities are typically located in
public rights of way or in utility-held easements on
private property.
According to the author, transportation projects undertaken
by VTA have been delayed because of utilities' inability or
unwillingness to relocate utility facilities in a timely
manner. Those particular issues have since been resolved,
but VTA anticipates similar problems with future projects.
According to the proponents, this bill is necessary
because, while nothing in the law specifically prohibits
VTA from undertaking utility relocation work, neither does
VTA have specific statutory authority to do it.
AB 2511
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3
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/5/02)
Santa Clara Valley Transportation Authority (source)
California State Association of Counties
California Transit Association
City of Moreno Valley
Metropolitan Transportation Commission
Orange County Transportation Authority
Santa Cruz County Regional Transportation Commission
Self-Help Counties Coalition
Sempra Energy
ASSEMBLY FLOOR :
AYES: Aanestad, Alquist, Aroner, Bates, Bogh, Calderon,
Bill Campbell, John Campbell, Canciamilla, Cardenas,
Cardoza, Chan, Chavez, Chu, Cogdill, Corbett, Correa,
Cox, Daucher, Diaz, Dickerson, Dutra, Firebaugh, Florez,
Frommer, Harman, Havice, Hertzberg, Hollingsworth,
Horton, Kehoe, Kelley, Koretz, La Suer, Leach, Leonard,
Leslie, Liu, Longville, Lowenthal, Maddox, Maldonado,
Matthews, Migden, Mountjoy, Nakano, Nation, Negrete
McLeod, Oropeza, Papan, Pescetti, Richman, Salinas,
Shelley, Simitian, Steinberg, Strom-Martin, Thomson,
Vargas, Washington, Wayne, Wiggins, Wright, Wyland,
Wyman, Zettel, Wesson
NC:jk 8/7/02 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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