BILL NUMBER: AB 1119	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2015
	PASSED THE ASSEMBLY  MAY 18, 2015
	AMENDED IN ASSEMBLY  MAY 11, 2015

INTRODUCED BY   Assembly Member Rendon

                        FEBRUARY 27, 2015

   An act to amend Sections 10103 and 10104 of, and to repeal Section
10105 of, the Public Utilities Code, relating to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1119, 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 require a municipal corporation, before using any
street, alley, avenue, or highway within any other municipal
corporation or county, 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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 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.