BILL NUMBER: AB 1119	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Rendon

                        FEBRUARY 27, 2015

   An act to amend Section 10103 of, to add Section 10101.5 to, and
to repeal Section 10105 of, the Public Utilities Code, relating to
public utilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1119, as introduced, Rendon. Public utilities: municipal
corporations: rights of way.
   Existing law grants to every municipal corporation the right to
construct, operate, and maintain electric light and power lines
across, along, in, under, over, or upon any road, street, alley,
avenue, or highway, and across, under, or over any railway, canal,
ditch, or flume which the route of the works intersects, crosses, or
runs along. Under existing law, before any municipal corporation uses
any street, alley, avenue, or highway within any other municipal
corporation, it is required to request the other municipal
corporation in which the street, alley, avenue, or highway is
situated to agree with it upon the location of the use and the terms
and conditions to which the use shall be subject.
   This bill would specify that for these purposes the terms
"municipal corporation" and "municipality" include a county. This
bill would require a municipal corporation, before using any street,
alley, avenue, or highway within any other municipal corporation, to
request of the municipal corporation that has control over the
street, alley, avenue, or highway to agree with it upon the location
of the use and the terms and conditions to which the use shall be
subject.
   Existing law provides that a grant of authority from or agreement
with another municipality is not necessary if the street, alley,
avenue, or highway proposed to be used is a necessary or convenient
part of the route of the proposed works and at the time construction
was commenced or the plans adopted was located in unincorporated
territory.
   This bill would repeal these provisions.
   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 10101.5 is added to the Public Utilities Code,
to read:
   10101.5.  For purposes of this article, the terms "municipal
corporation" and "municipality" include a county.
  SEC. 2.  Section 10103 of the Public Utilities Code is amended to
read:
   10103.  Before any municipal corporation uses any street, alley,
avenue, or highway within any other municipal corporation, it shall
request  of  the municipal corporation  in which
  that has control over  the street, alley, avenue,
or highway  is situated  to agree with it upon the
location of the use and the terms and conditions to which the use
shall be subject.
  SEC. 3.  Section 10105 of the Public Utilities Code is repealed.

   10105.  A grant of authority from or agreement with another
municipality is not necessary in any case where the street, alley,
avenue, or highway, or portion thereof, proposed to be used is a
necessary or convenient part of the route of the proposed works and
at the time construction was commenced or the plans adopted was
located in unincorporated territory. This section is not applicable
if the street, alley, avenue, or highway, or portion thereof, was
located in incorporated territory prior to May 5, 1933.