BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 521|
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THIRD READING
Bill No: AB 521
Author: De La Torre (D)
Amended: 6/8/09 in Senate
Vote: 21
SENATE ENERGY, U.&C. COMMITTEE : 11-0, 7/7/09
AYES: Padilla, Benoit, Calderon, Corbett, Cox, Kehoe,
Lowenthal, Simitian, Strickland, Wiggins, Wright
ASSEMBLY FLOOR : 67-12, 5/4/09 - See last page for vote
SUBJECT : Utility property: leases for park purposes
SOURCE : City of Bellflower
The Trust for Public Land
DIGEST : This bill authorizes a public utility 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 a public park, if the utility will
retain the use of the right-of-way for public utility
purposes. This bill requires 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.
ANALYSIS : Existing law prohibits public utilities from
selling, leasing, or otherwise disposing of any property
without approval of the California Public Utilities
Commission (PUC).
CONTINUED
AB 521
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2
This bill authorizes public utilities to lease land
acquired for obtaining a right-of-way to governmental
agencies to be used as a public park. In determining
whether the lease is for fair value the PUC shall consider
the community benefits of the park as a value to utility
customers.
Comments
Codifying Current Practice . Earlier this year the PUC
considered a proposal for Southern California Edison to
lease property within its transmission line right-of-way to
the City of Bellflower to develop a park. The PUC decided
that the proposed lease, for less than fair market value,
was reasonable because of the associated public benefits of
the park.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/9/09)
City of Bellflower (co-source)
The Trust for Public Land (co-source)
Ballona Network
California Council of Land Trusts
California League of Conservation Voters
California Park & Recreation Society
City of Cerritos
City of Downey
City of Lakewood
Form Lots to Spots
Heal the Bay
Los Angeles Community Garden Council
Los Angeles Conservation Corps.
Los Angeles County Board of Supervisors
People for Parks
Sierra Club California
Southern California Edison
The River Project
Urban & Environmental Policy Institute
Verde Coalition
AB 521
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3
ARGUMENTS IN SUPPORT : The author's office believes that
this bill will facilitate the development of much-needed
parks and open spaces in dense urban areas.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Furutani, Galgiani, Gilmore, Hagman, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones,
Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Miller,
Monning, Nava, Nestande, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Saldana, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Yamada, Bass
NOES: Anderson, Conway, Duvall, Fuller, Gaines, Garrick,
Harkey, Knight, Logue, Niello, Nielsen, Silva
NO VOTE RECORDED: Villines
DLW:do 7/9/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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