BILL NUMBER: AB 308	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 12, 2013

   An act to amend Section 857 of the Public Utilities Code, relating
to utility property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 308, as introduced, Hagman. Utility right-of-way: lease for
park purposes.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities. Existing law authorizes a public
utility to lease real property acquired for purposes of obtaining a
utility right-of-way to a governmental entity for purposes of a
public park if the utility retains the use of the right-of-way for
public utility purposes, as prescribed.
   This bill would make a technical, nonsubstantive change to
provision.
   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.  Section 857 of the Public Utilities Code is amended to
read:
   857.  (a) A public utility that owns real property acquired for
purposes of obtaining a utility right-of-way, may lease that property
to a governmental entity for purposes of a public park, if the 
public  utility retains the use of the right-of-way for public
utility purposes.
   (b) In determining whether a lease of real property to a
governmental entity for park purposes is for fair value, the
commission shall include the community benefits of parks and open
space as a benefit to ratepayers.
   (c) As used in this section, "community benefits" include, but are
not limited to, improving public health, protecting the environment,
and increasing recreational assets.