Public utilities: eminent domain: just compensation.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Energy, Utilities and Communications
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill changes how California public utilities, particularly those within the Pacific Gas and Electric Company service area, can be acquired by local governments. It makes the presumption that acquiring property for the same public use is ‘more necessary’ conclusive if the property was previously appropriated to a public use by a non-public entity, and eliminates this rebuttable presumption for certain electrical, gas, or water utility properties. The bill also modifies the process for determining just compensation and clarifies the Public Utilities Commission’s role in reviewing acquisitions by public entities.
Key provisions
- Eliminates the rebuttable presumption that acquiring property for the same public use is ‘more necessary’ for electrical, gas, or water utility properties that were previously appropriated to a public use.
- Makes the presumption conclusive for certain utility properties within the Pacific Gas and Electric Company service area.
- Requires the Public Utilities Commission to limit its review of acquisitions to determining fairness to utility employees, particularly in cases involving the Pacific Gas and Electric Company service area.
- Specifies a timeline for the commission to determine just compensation, requiring the utility owner to respond within 90 days of the political subdivision’s submission.
- Authorizes the commission to establish a process for reimbursing costs associated with the physical separation of utility assets.
- Prohibits public utilities from recovering litigation costs from ratepayers related to acquisitions by political subdivisions.
Bill text
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