BILL NUMBER: SB 177	AMENDED
	BILL TEXT

	AMENDED IN SENATE   MARCH 16, 1999

INTRODUCED BY    Senator Peace   Senators Peace
and Burton 

                        JANUARY 12, 1999

   An act to add Section 625 to the Public Utilities Code, relating
to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 177, as amended, Peace.  Public utilities:  eminent domain.
   (1) The Public Utilities Act authorizes certain public utilities
to condemn property, as prescribed.
   This bill would amend the act to prohibit a public utility that
offers competitive services from condemning any property for the
purpose of competing with  other entities  
another entity  in the offering of those competitive services.
Because a violation of the act is a crime, this bill would impose a
state-mandated local program by creating a new crime.
  (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.


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


  SECTION 1.  Section 625 is added to the Public Utilities Code, to
read:
   625.  A public utility that offers competitive services may not
condemn any property for the purpose of competing with  other
entities   another entity  in the offering of
those competitive services.
  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.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.