BILL ANALYSIS Ó AB 1119 Page 1 ASSEMBLY THIRD READING AB 1119 (Rendon) As Amended May 11, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+----------------------+--------------------| |Utilities |14-0 |Rendon, Patterson, | | | | |Achadjian, Bonilla, | | | | |Burke, Dahle, Eggman, | | | | |Cristina Garcia, | | | | |Hadley, Obernolte, | | | | |Quirk, Santiago, | | | | |Ting, Williams | | | | | | | |----------------+------+----------------------+--------------------| |Local |9-0 |Maienschein, | | |Government | |Gonzalez, Alejo, | | | | |Chiu, Cooley, Gordon, | | | | |Holden, Linder, | | | | |Waldron | | | | | | | | | | | | ------------------------------------------------------------------- SUMMARY: This bill provides counties with the same rights as AB 1119 Page 2 municipal corporations when it comes to their legal authority to challenge and engage with a utility project owned, operated, or being constructed by another municipal corporation in or over a street or highway located in unincorporated county territory. EXISTING LAW: 1)Provides "municipal corporations" with rights to build or 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) COMMENTS: AB 1119 Page 3 1)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 Los Angeles (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. LA City did not have to obtain either an agreement from county officials or any legal determination of its right 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. This bill 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. 2)No retroactive impacts: This bill will not affect the LA City legal case. This 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)New amendments: This bill was amended in the Assembly Local Government Committee to clarify the intent of this bill and avoid unintended consequences that the original language triggered. The new language does not redefine "municipal corporation" to include counties, but instead simply says that municipal corporations and counties have the authority to engage with and challenge infrastructure projects that encroach on unincorporated county territory. AB 1119 Page 4 Analysis Prepared by: Allegra Roth / U. & C. / (916) 319-2083 FN: 0000354