BILL NUMBER: AB 1119	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 11, 2015

INTRODUCED BY   Assembly Member Rendon

                        FEBRUARY 27, 2015

   An act to amend  Section   Sections 
10103  and 10104  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 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.  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. 
   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,   corporation or c  
ounty,  to request of the municipal corporation  or county
 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.  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. 
   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 1.   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,
  corporation or county,  it shall request of the
municipal corporation  or county  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.
   SEC. 2.    Section 10104 of the   Public
Utilities Code   is amended to read:
   10104.  If the two municipal corporations  , or a municipal
corporation and a county,  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  or the county
 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.