BILL NUMBER: SB 177 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 1999
AMENDED IN SENATE APRIL 7, 1999
AMENDED IN SENATE MARCH 16, 1999
INTRODUCED BY Senators Peace and Burton
JANUARY 12, 1999
An act to add Section 625 to Sections 625
and 626 to, and to repeal and add Section 616 of, 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 telephone
corporation from condemning any property unless that telephone
corporation provides telecommunications services as a carrier of last
resort seeking to serve currently unserved areas. The bill would
amend the act to prohibit a public utility that offers
competitive services from condemning any property for the purpose of
competing with another entity in the offering of those competitive
services, unless the Public Utilities Commission finds ,
pursuant to a petition or complaint filed by the public utility and
an adjudication hearing in accordance with specified provisions of
the act governing hearings and judicial review, that such an
action would serve the public interest. The bill would authorize the
commission to make such a finding if, in the determination of the
commission, either of specified conditions is met. The bill would
require the commission to develop procedures to facilitate access for
affected property owners to eminent domain proceedings pursuant to
those provisions, and to facilitate the participation of those owners
in those proceedings. The bill would prohibit a public utility
from entering into any exclusive access agreement with the owner or
lessor of, or a person controlling or managing, a property or
premises served by the public utility, or from committing or
permitting any other act that would limit the right of any other
public utility to provide service to a tenant or other occupant of
the property or premises. The bill would specify matters relating to
certain existing provisions of the Code of Civil Procedure governing
eminent domain proceedings. 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 616 of the Public Utilities Code is
repealed.
616. A telephone corporation may condemn any property necessary
for the construction and maintenance of its telephone line.
SEC. 2. Section 616 is added to the Public Utilities Code, to
read:
616. A telephone corporation may not condemn any property unless
that telephone corporation provides telecommunications services as a
carrier of last resort seeking to serve currently unserved areas.
SEC. 3. Section 625 is added to the Public Utilities Code,
to read:
625. (a) A For the purpose of this
article, a public utility that offers competitive services may
not condemn any property for the purpose of competing with another
entity in the offering of those competitive services, unless the
commission finds , pursuant to a petition or complaint filed by
the public utility and an adjudication hearing in accordance with
Chapter 9 (commencing with Section 1701) of this part, that
such an action would serve the public interest. The commission may
make such a finding if, in the determination of the commission,
either of the following conditions is met:
(1) The public utility is providing services as a provider of last
resort that seeks to serve unserved areas.
(2) The public utility is able to show all of the following with
regard to the proposed condemnation:
(A) The public interest and necessity require the proposed
project.
(B) The property to be condemned is necessary for the proposed
project.
(C) That, if the commission does not permit the acquisition of the
property by eminent domain, the hardship to the public utility will
outweigh any hardship to the owners of the property.
(D) The proposed project is located in a manner most compatible
with the greatest public good and least private injury.
(b) The commission shall develop procedures to facilitate access
for affected property owners to eminent domain proceedings pursuant
to this section, and to facilitate the participation of those owners
in those proceedings.
SEC. 2.
(c) Nothing in this section relieves a public utility from
complying with Section 1240.030 of the Code of Civil Procedure or any
other requirement imposed by law.
(d) A public utility that does not comply with this section may
not exercise the power of eminent domain, including, but not limited
to, any authority provided by Title 7 (commencing with Section
1230.010) of Part 3 of the Code of Civil Procedure.
(e) The authority provided in this section supplements, and does
not replace or otherwise affect any other limitation in law on the
exercise of the power of eminent domain, including, but not limited
to, any authority provided by Title 7 (commencing with Section
1230.010) of Part 3 of the Code of Civil Procedure.
SEC. 4. Section 626 is added to the Public Utilities Code, to
read:
626. On or after January 1, 2000, a public utility may not enter
into any exclusive access agreement with the owner or lessor of, or a
person controlling or managing, a property or premises served by the
public utility, or commit or permit any other act, that would limit
the right of any other public utility to provide service to a tenant
or other occupant of the property or premises.
SEC. 5. 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.