BILL NUMBER: AB 435	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 24, 2009

   An act to amend Section 1001 of the Public Utilities Code,
relating to public utilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 435, as introduced, De La Torre. Public utilities: certificates
of convenience and necessity.
   Existing law prohibits a railroad corporation whose railroad is
operated primarily by electric energy, street railroad corporation,
gas corporation, electrical corporation, telegraph corporation,
telephone corporation, water corporation, or sewer corporation from
beginning construction of a street railroad or a line, plant, or
system or extension of a line, plant, or system without having
obtained from the Public Utilities Commission a certificate that the
present or future public convenience and necessity require or will
require the construction.
   This bill would make technical, nonsubstantive changes to this
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1001 of the Public Utilities Code is amended to
read:
   1001.   No   (a)     A
 railroad corporation whose railroad is operated primarily by
electric energy, street railroad corporation, gas corporation,
electrical corporation, telegraph corporation, telephone corporation,
water corporation, or sewer system corporation shall  not 
begin the construction of a street railroad, or of a line, plant, or
system, or of any extension thereof, without having first obtained
from the commission a certificate that the present or future public
convenience and necessity require or will require  such
  the  construction. 
    This 
    (b)     This  article  shall
not be construed to   does not  require 
any such   a  corporation  of the kind listed
in subdivision (a)  to secure  such   the
 certificate for an extension within any city or city and county
within which it has theretofore lawfully commenced operations, or
for an extension into territory either within or without a city or
city and county contiguous to its street railroad, or line, plant, or
system, and not theretofore served by a public utility of like
character, or for an extension within or to territory already served
by it, necessary in the ordinary course of its business. If any
public utility, in constructing or extending its line, plant, or
system, interferes or is about to interfere with the operation of the
line, plant, or system of any other public utility or of the water
system of a public agency, already constructed, the commission, on
complaint of the public utility or public agency claiming to be
injuriously affected, may, after hearing, make  such
  an  order and prescribe  such 
 the  terms and conditions for the location of the lines,
plants, or systems affected  as   that  to
it may seem just and reasonable.