BILL NUMBER: AB 521	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 8, 2009
	AMENDED IN ASSEMBLY  APRIL 20, 2009

INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 25, 2009

   An act to add Section 857 to the Public Utilities Code, relating
to utility property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 521, as amended, De La Torre. Utility property: leases for park
purposes.
   Under existing law, the Public Utilities Commission has regulatory
authority over public utilities. Under the existing Public Utilities
Act, a public utility is required to seek commission approval prior
to selling, leasing, assigning, mortgaging, or otherwise disposing of
or encumbering any property necessary or useful in the performance
of its duties to the public.
   This bill would authorize a public utility  to lease
  that owns  real property acquired for purposes of
obtaining a utility right-of-way,  to lease that property 
to a governmental entity for purposes of  maintaining
 a public park,  with the utility retaining a
right-of-way easement   if the utility will retain the
use of the right-of-way for public utility purposes  . The bill
would require the commission, in determining whether the lease is for
fair value, to include the community benefits, as defined, of parks
and open space as a benefit to ratepayers.
   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 857 is added to the Public Utilities Code, to
read:
   857.  (a) A public utility  may lease   that
owns  real property acquired for purposes of obtaining a utility
right-of-way,  may lease that property  to a governmental
 entity for purposes of maintaining a public park, with the
utility retaining a right-of-way easement.   entity for
purposes of a public park, if the utility retains the use of the
right-of-way for   public utility purposes. 
   (b) In determining whether a lease of real property to a
governmental entity for park purposes is for fair value, the
commission shall include the community benefits of parks and open
space as a benefit to ratepayers.
   (c) As used in this section, "community benefits" include, but are
not limited to, improving public health, protecting the environment,
and increasing recreational assets.