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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 521	INTRODUCED
	BILL TEXT


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 introduced, 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 real property
acquired for purposes of obtaining a utility right-of-way, to a
governmental entity for purposes of maintaining a public park, with
the utility retaining a right-of-way easement. The bill would require
the commission, in determining whether the lease is for fair value,
to include the community benefits 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 real property acquired for
purposes of obtaining a utility right-of-way, to a governmental
entity for purposes of maintaining a public park, with the utility
retaining a right-of-way easement.
   (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.