BILL NUMBER: AB 1149	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   APRIL 8, 1999

INTRODUCED BY   Assembly Member Aroner

                        FEBRUARY 25, 1999

   An act  to add Section 762.7 to the Public Utilities Code,
 relating to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1149, as amended, Aroner.  Underground electric and telephone
facilities. 
   (1) Under  
   Under  existing law, the Public Utilities Commission has
regulatory authority over public utilities and, under that authority,
has adopted  rules   a tariff  for the
replacement of overhead electric  and telephone 
facilities with underground facilities.
   This bill would require the commission to  amend those
rules to require new underground facilities to meet certain
continuity, public safety, and reliability requirements.  Because
violations of the rules of the commission are crimes, this bill would
impose a state-mandated local program by creating new crimes
  conduct a study as to the ways to amend and improve
the tariff, as specified.  The commission would be required to submit
a report on the study to the Legislature on or before January 1,
2001  .  
  (2) 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   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 762.7 is added to the Public Utilities Code, to
read:
   762.7.  The Public Utilities Commission shall amend its rules for
the replacement of overhead electric and telephone facilities with
underground facilities to require new underground facilities to do
all of the following:
   (a) Provide continuity with an existing underground system or
eliminate uneven patches of overhead facilities that create an
aesthetically unattractive environment.
   (b) Enhance public safety.
   (c) Provide improved reliability over the replaced overhead
facilities, within an existing system of underground facilities.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.  

  SECTION 1.  (a) The Public Utilities Commission shall conduct a
study as to the ways to amend and improve Tariff 20.  The issues to
be addressed shall include, but not be limited to, all of the
following:
   (1) Discovering and eliminating barriers to establishing
continuity of the existing underground system and ways to eliminate
uneven patches of overhead facilities.
   (2) How to enhance public safety.
   (3) How to improve reliability.
   (4) How to provide more flexibility to local governments.
   (b) Notwithstanding Section 7550.5 of the Government Code, the
Public Utilities Commission shall submit a report on the study
required by subdivision (a) to the Legislature on or before January
1, 2001.