Bill Text: CA AB521 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Utility property: leases for park purposes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 448, Statutes of 2009. [AB521 Detail]

Download: California-2009-AB521-Chaptered.html

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BILL NUMBER: AB 521	CHAPTERED
	BILL TEXT

	CHAPTER  448
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 1, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 3, 2009
	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, 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 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. 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.


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 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 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.