BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1119|
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                                   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,  








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            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  







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            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)







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          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


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