Amended in Assembly May 11, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1119

Introduced by Assembly Member Rendon

February 27, 2015

An act to amend begin delete Section end delete begin insert Sections end insert 10103 begin insert and 10104 end insert of, begin delete to add Section 10101.5 to, end delete and to repeal Section 10105 of, the Public Utilities Code, relating to public utilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1119, as amended, 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. begin insert Under existing law, if the 2 municipal corporations are unable to agree on the terms and conditions and location of a use within 3 months after a proposal to do so, the municipal corporation proposing to use a street, alley, avenue, or highway is authorized to bring an action in the superior court against the other municipal corporation to have the terms and conditions and location determined, as prescribed. end insert

This bill would begin delete specify that for these purposes the terms “municipal corporation” and “municipality” include a county. This bill would end delete require a municipal corporation, before using any street, alley, avenue, or highway within any other municipal begin delete corporation, end delete begin insert corporation or county, end insert to request of the municipal corporation begin insert or county end insert 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. begin insert This bill would authorize the municipal corporation proposing to use the street, alley, avenue, or highway within a county to bring an action in the superior court against the county if the municipal corporation and the county are unable to agree on the terms and conditions and location of the use within 3 months after a proposal. end insert

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:

begin delete

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.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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 begin delete corporation, end delete
begin insert corporation or county, end insert it shall request of the municipal corporation
begin insert or county end insert 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 10104 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

10104.  

If the two municipal corporations begin insert , or a municipal
corporation and a county, end insert are unable to agree on the terms and
conditions and location of a use within three months after a
proposal to do so, the municipal corporation proposing to use a
street, alley, avenue, or highway may bring an action in the superior
court of the county in which the street, alley, avenue, or highway
is situated against the other municipal corporation begin insert or the county end insert
to have the terms and conditions and location determined. The
superior court may determine and adjudicate the terms and
conditions to which the use of the street, avenue, alley, or highway
shall be subject, and the location thereof, and upon the making of
the final judgment the municipal corporation desiring to do so may
enter and use the street, alley, avenue, or highway upon the terms
and conditions and at the location specified in the judgment.

SEC. 3.  

Section 10105 of the Public Utilities Code is repealed.