BILL ANALYSIS Ó
AB 1119
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Date of Hearing: April 13, 2015
ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
Anthony Rendon, Chair
AB 1119
(Rendon) - As Introduced February 27, 2015
SUBJECT: Public utilities: municipal corporations: rights of
way
SUMMARY: Provides counties with the same rights as cities when
it comes to their legal authority to challenge a utility project
by another municipal corporation in or over a street or highway
located in unincorporated county territory. Specifically, this
bill:
a)Clarifies the Public Utilities Code to include counties in the
term "municipal corporation."
b)Clarifies that the municipal corporation that is granting
permission for use of land must only have control over the
area that is being proposed for development, replacing the
current requirement that the area must be within the territory
of the municipal corporation.
EXISTING LAW:
1.Provides "municipal corporations" with rights to build or
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maintain a utility project, such as sewers and electrical
lines, in a street or highway within another jurisdiction.
(Public Utilities Code, Section 10101)
2.Provides that when a municipal corporation proposes a project
located within another jurisdiction, the municipal corporation
proposing the project must obtain an agreement from the other
jurisdiction. (Public Utilities Code, Section 10103)
3.Provides that a grant of authority from another municipality
is not necessary if the area proposed for project use is a
"necessary or convenient" part of the route of the proposed
project. (Public Utilities Code, Section 10105)
FISCAL EFFECT: Unknown.
COMMENTS:
1.Author's Statement: "The recent legal case in Los Angeles
(LA) County shows that we need to rethink the rights that
counties have over infrastructure in their own territory. AB
1119 will simply provide counties with the same tools that
cities have to challenge and engage with infrastructure
developments in their own territory."
2.In response to recent legal case: In a recent Appellate Court
decision, the court held that a county does not qualify as a
"municipal corporation," and is therefore not entitled to the
same protections that a city would be entitled to under
existing law. This case arose from LA County's challenge to
LA City's plan to install portions of a sewer line outside of
its territorial limits, in an unincorporated area of LA
County. The City did not have to obtain either an agreement
from county officials or any legal determination of its right
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to do so. LA County argues that the court decision
misinterprets the legislative purpose of existing statutes by
depriving the County of an adequate right to challenge
projects by cities that encroach into its unincorporated
territory.
AB 1119 will create a process for counties to challenge
infrastructure projects that take place on county-controlled
land, projects which would potentially affect or displace large
populations and cause future conflicts. This bill will provide
counties with the same rights as cities when it comes to their
ability to contest infrastructure developments in unincorporated
County territory.
a. No retroactive impacts: AB 1119 will not affect the
LA City legal case. The bill will not influence the
result of the legal decision, or any subsequent
infrastructure developments or proceedings relating to
the case. It will simply clarify municipal rights to
prevent unnecessary conflicts in the future.
3.Double referral. This bill is double referred to the
Committee on Local Government.
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles County (Sponsor)
Urban Counties Caucus
AB 1119
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Opposition
None submitted
Analysis Prepared by:Allegra Roth / U. & C. / (916) 319-2083