BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1119


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          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


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          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:










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           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


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          Analysis Prepared by:                                               
                          Allegra Roth / U. & C. / (916) 319-2083  FN:  
          0000354