BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1119| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1119 Author: Rendon (D) Amended: 5/11/15 in Assembly Vote: 21 SENATE ENERGY, U. & C. COMMITTEE: 10-0, 6/16/15 AYES: Hueso, Fuller, Cannella, Hertzberg, Hill, Lara, Leyva, McGuire, Morrell, Wolk NO VOTE RECORDED: Pavley SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 7/8/15 AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley ASSEMBLY FLOOR: 77-0, 5/18/15 - See last page for vote SUBJECT: Public utilities: municipal corporations: rights of way SOURCE: County of Los Angeles DIGEST: This bill provides that a county has the right to require an agreement on the terms and conditions for a proposed utility infrastructure project that is owned, constructed and operated by a municipal corporation within unincorporated county territory. ANALYSIS: Existing law: 1)Grants to every municipal corporation the right to construct, AB 1119 Page 2 operate, and maintain utility infrastructure (including water and gas pipes, mains conduits, electric light and power lines, telephone and telegraph lines, sewers and sewer mains) 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 intersect crosses or runs along. (Public Utilities Code §10101) 2)Requires municipal corporations exercising their rights under Public Utilities Code Section 10101 to restore the street, alley, avenue, highway, etc. to its former useful state and shall locate its use to interfere as little as possible with other existing uses. (Public Utilities Code §10102) 3)Requires a municipal corporation, before using a street, highway, etc., within any other municipal corporation to first request an agreement on the location of the use and terms and conditions. (Public Utilities Code §10103) 4)Provides that if the two municipal corporations are unable to agree on the terms and conditions and location within three months after a proposal, the municipal corporation proposing the project may bring action in the superior court of the county of the proposed project. (Public Utilities Code §10104) 5)Provides that a grant of authority is not necessary when the proposed works is in unincorporated territory and is a necessary and convenient part of the route of the project. (Public Utilities Code §10105) This bill: 1)Requires that a county has the same rights to require an agreement should a municipal corporation propose a utility infrastructure project that is owned, constructed and operated within county territory. 2)Provides that if an agreement hasn't been reached within three months, the municipal corporation can bring action in superior court to define the terms and conditions of an agreement. 3)Repeals language that stipulated a municipal corporation did not need authority or an agreement from a county for a project AB 1119 Page 3 located in unincorporated county territory. Background Under the existing Public Utilities Code, a county is not afforded the same rights as a municipal corporation in relation to the siting of utility infrastructure projects in neighboring territory. Specifically, there are current statutes in the Public Utilities Code that date back to the early 20th Century which stipulate that municipal corporations do not need authority or an agreement from a county when the municipal corporation proposes a utility infrastructure project within the county territory. The distinctions between county and city rights became apparent in a legal case between the City of Los Angeles and County of Los Angeles related to the siting of a sewer line in unincorporated county territory. The City of Los Angeles selected a route for the project that would require construction within the unincorporated areas of the county affecting the community of Marina Del Rey. Los Angeles County brought legal suit in superior court to challenge the City's decision. However, the appeals court sided with the City of Los Angeles stating that the statute expressly excuses a party from obtaining an agreement for a project that extends into unincorporated county territory. This bill proposes to change the law in order to affect future decisions related to proposed utility projects. This bill will not affect the outcome of the specific legal case noted above. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified7/9/15) County of Los Angeles (source) California State Association of Counties Urban Counties Caucus OPPOSITION: (Verified7/9/15) AB 1119 Page 4 None received ARGUMENTS IN SUPPORT: In proposing this bill, County of Los Angeles seeks parity with the City of Los Angeles and other municipal corporations to require an agreement on the terms and conditions for a proposed utility project within county territory. The Los Angeles County Department of Public Works indicates that this bill will "balance the interests of local public entities to build utility projects using streets and highways, including those located within other jurisdictions, with the interests of residents and businesses that may be impacted by projects initiated by officials in another jurisdiction who do not represent them." ASSEMBLY FLOOR: 77-0, 5/18/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Kim, Mathis, Melendez Prepared by:Nidia Bautista / E., U., & C. / (916) 651-4107 7/10/15 14:06:08 **** END **** AB 1119 Page 5