SECTIONS 610-626 - California Statutes

PUBLIC UTILITIES CODE

SECTION 610-626

610. This article applies only to a corporation or person that is a
public utility.

611. A railroad corporation may condemn any property necessary for
the construction and maintenance of its railroad.

612. An electrical corporation may condemn any property necessary
for the construction and maintenance of its electric plant.

613. A gas corporation may condemn any property necessary for the
construction and maintenance of its gas plant.

614. A heat corporation may condemn any property necessary for the
construction and maintenance of its heating plant.

615. A pipeline corporation may condemn any property necessary for
the construction and maintenance of its pipeline.

616. A telephone corporation may condemn any property necessary for
the construction and maintenance of its telephone line.

616.1. Notwithstanding Section 616, a telephone corporation may not
condemn any property on an airport owned by a city and county, and
located in another county, unless that property is necessary for that
telephone corporation to provide telecommunications as a carrier of
last resort seeking to serve an unserved area.

617. A telegraph corporation may condemn any property necessary for
the construction and maintenance of its telegraph line.

618. A water corporation may condemn any property necessary for the
construction and maintenance of its water system.

619. A wharfinger may condemn any property necessary for the
construction and maintenance of facilities for the receipt or
discharge of freight or passengers.

620. A common carrier, as defined in subdivision (b) of Section
211, may condemn any property necessary for the construction and
maintenance of facilities for its transportation of persons or
property.

621. A street railroad corporation may condemn any property
necessary for the construction and maintenance of its street
railroad.

622. (a) As used in this section, "motor carrier" means:
A passenger stage corporation as defined in Section 226.
(b) As used in this section, "water carrier" means a common
carrier operating upon any waterway in this state between fixed
termini or over a regular route.
(c) A motor carrier or water carrier may condemn any property
necessary for the construction and maintenance of terminal facilities
for the receipt, transfer, or delivery of the passengers or property
it carries or for other terminal facilities of any such carrier.

623. A warehouseman may condemn any property necessary for the
construction and maintenance of its facilities for storing property.

624. A sewer system corporation may condemn any property necessary
for the construction and maintenance of its sewer system.

625. (a) (1) (A) For the purpose of this article, except as
specified in paragraph (4), a public utility that offers competitive
services may not condemn any property for the purpose of competing
with another entity in the offering of those competitive services,
unless the commission finds that such an action would serve the
public interest, pursuant to a petition or complaint filed by the
public utility, personal notice of which has been served on the
owners of the property to be condemned, and an adjudication hearing
in accordance with Chapter 9 (commencing with Section 1701),
including an opportunity for the public to participate.
(B) The requirements of this section do not apply to the
condemnation of any property that is necessary solely for an
electrical company or gas corporation to meet its commission-ordered
obligation to serve. Proposed exercises of eminent domain by
electrical or gas corporations that initially, or subsequently,
acquire property for either commission-ordered electrical corporation
obligation to serve and competitive telecommunications services or
gas corporation obligation to serve and telecommunications services
are subject to paragraph (2) of subdivision (b). For property
acquired through the exercise of eminent domain after January 1,
2000, by an electrical or gas corporation solely to meet its
commission-ordered obligation to serve, any electrical or gas
corporation, or subsidiary or affiliate, that intends to install
telecommunication equipment on the property for the purpose of
providing competitive telecommunications services shall provide
notice for the planned installation in the commission calendar.
(2) (A) Before making a finding pursuant to this subdivision, the
commission shall conduct the hearing in the local jurisdiction that
would be affected by the proposed condemnation. The hearing shall
commence within 45 days of the date that the petition or complaint is
filed, unless the respondent establishes that an extension of not
more than 30 days is necessary for discovery or other hearing
preparation. The commission shall provide public notice of the
hearing pursuant to the procedures of the commission and shall also
notify the local jurisdiction. In addition, the commission shall
provide the local jurisdiction with copies of the notice of hearing
in time for the local jurisdiction to mail that notice at least seven
days in advance of the hearing to all persons who have requested
copies of the local jurisdiction's agenda or agenda packet pursuant
to Section 54954.1 of the Government Code.
(B) For purposes of subparagraph (A), "local jurisdiction" means
each city within whose boundaries property sought to be taken by
eminent domain is located, and if property sought to be taken is not
located within city boundaries, each county within whose boundaries
that property is located. However, where there is more than one local
jurisdiction with respect to a single complaint or petition, the
commission shall provide notice and copies of notices for mailing to
all local jurisdictions involved, but shall hold only a single
hearing in any one of those local jurisdictions.
(3) (A) The assigned commissioner or administrative law judge
shall render a decision on making a finding in accordance with this
subdivision within 45 days of the conclusion of the hearing, unless
further briefing is ordered, in which event this period may be
extended by up to 30 additional days to allow for briefing.
(B) If the rendering of a decision pursuant to this subdivision
requires review under the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code), then the time limits contained in subparagraph (A) of
paragraph (2) and subparagraph (A) of paragraph (3) shall be extended
as needed to accommodate that review.
(4) This subdivision and Section 626 do not apply to a railroad
corporation, a refined petroleum product common carrier pipeline
corporation, or a water corporation.
(b) The commission may make a finding pursuant to subdivision (a)
if, in the determination of the commission, either of the following
conditions is met:
(1) The proposed condemnation is necessary to provide service as a
provider of last resort to an unserved area, except when there are
competing offers from facility-based carriers to serve that area.
(2) The public utility is able to show all of the following with
regard to the proposed condemnation:
(A) The public interest and necessity require the proposed
project.
(B) The property to be condemned is necessary for the proposed
project.
(C) The public benefit of acquiring the property by eminent domain
outweighs the hardship to the owners of the property.
(D) The proposed project is located in a manner most compatible
with the greatest public good and least private injury.
(c) The commission shall develop procedures to facilitate access
for affected property owners to eminent domain proceedings pursuant
to this section, and to facilitate the participation of those owners
in those proceedings.
(d) Nothing in this section relieves a public utility from
complying with Section 1240.030 of the Code of Civil Procedure or any
other requirement imposed by law.
(e) A public utility that does not comply with this section may
not exercise the power of eminent domain, including, but not limited
to, any authority provided by Title 7 (commencing with Section
1230.010) of Part 3 of the Code of Civil Procedure.
(f) The authority provided in this section supplements, and does
not replace or otherwise affect any other limitation in law on the
exercise of the power of eminent domain, including, but not limited
to, any authority provided by Title 7 (commencing with Section
1230.010) of Part 3 of the Code of Civil Procedure.
(g) (1) At the request of a public utility gas corporation, the
commission shall hold the local hearing required in subparagraphs (A)
and (B) of paragraph (2) of subdivision (a) and make and certify the
finding required by paragraph (1) of subdivision (a) as part of the
procedure to issue a certificate of public convenience and necessity.
(2) Notwithstanding any other provision of law, if the commission
holds public hearings during the certification procedure for the
purpose of making the determination required under paragraph (2) of
subdivision (b), the commission shall have an additional 45 days
beyond the date of any otherwise applicable statutory or regulatory
deadline for making a determination.

626. On or after January 1, 2000, a public utility may not enter
into any exclusive access agreement with the owner or lessor of, or a
person controlling or managing, a property or premises served by the
public utility, or commit or permit any other act, that would limit
the right of any other public utility to provide service to a tenant
or other occupant of the property or premises.