SECTIONS 7000-7005 - California Statutes

PUBLIC UTILITIES CODE

SECTION 7000-7005

7000. (a) For purposes of this chapter, a utility shall mean all of
the following:
(1) An electric corporation.
(2) A water corporation.
(3) A telephone corporation.
(4) A telecommunications carrier, as defined in Section 153 of
Title 47 of the United States Code.
(5) A gas corporation.
(6) A local publicly owned electric utility and a publicly owned
gas utility.
(7) A special district that owns or operates utilities.
(b) This chapter shall also apply to the following entities:
(1) A cable television corporation.
(2) A cable operator, as defined in Section 522 of Title 47 of the
United States Code.

7001. For purposes of this chapter, "authority" means the Santa
Clara Valley Transportation Authority, as defined in Section 100011.

7002. When a utility enters into a relocation agreement with the
authority in connection with a transit or transportation capital
improvement project, the agreement may include, but not be limited
to, the following elements, as agreed to by the parties:
(a) Location of the work to be completed.
(b) Cost arrangements between the parties for the work to be
conducted.
(c) Schedule for the work to be completed.
(d) Remedies for contract impairment.
(e) Definition of default on the part of either party.
(f) Remedies for default by either party.
(g) What constitutes abandonment of utility relocation work, and
remedies for addressing any abandonment.

7003. (a) If a utility, cable television corporation, or cable
operator abandons utility relocation work under a relocation
agreement with the authority in connection with a transit or
transportation capital improvement project, the authority may,
pursuant to the terms of the relocation agreement made pursuant to
subdivision (g) of Section 7002, assume from the utility, cable
television corporation, or cable operator the work of relocating
utilities that relates to the project within the jurisdiction of the
authority.
(b) (1) The authority may issue contracts with another qualified
entity to conduct the utility relocation work.
(2) If a collective bargaining agreement specifically does not
prohibit a crew or other subgroup of employees of a utility, cable
television corporation, or cable operator from performing utility
relocation work under a contract with the authority in the case where
work has been abandoned by the utility, cable television
corporation, or cable operator, then the authority shall offer a
first right of refusal to a crew or other subgroup of employees of
the utility, cable television corporation, or cable operator, that
are qualified to conduct utility relocation work to contract with the
authority for the utility relocation work.
(3) If the crew or subgroup identified in paragraph (2) elects not
to contract with the authority to conduct the utility relocation
work, the authority shall choose a qualified entity from a single
list provided by the utility, cable television corporation, or cable
operator and, if applicable, the collective bargaining representative
of the utility employees that would otherwise perform the work,
provided that the utility, cable television corporation, or cable
operator, and, if applicable, the collective bargaining
representative, choose to provide a list.
(c) Any utility relocation work performed or caused to be
performed by the authority shall be done according to industry
standards, under the oversight of the utility, cable television
corporation, or cable operator, and upon acceptance by the utility,
cable television corporation, or cable operator.

7004. The rights and remedies available to the authority under this
article are nonexclusive and are cumulative to each other and to the
remedies or penalties available to the authority under all other
laws or pursuant to contract.

7005. This chapter applies only if all of the following occurs:
(a) The authority has executed a formal, written utility
relocation agreement with the utility, cable television corporation,
or cable operator.
(b) The utility, cable television corporation, or cable operator
abandons the relocation work because of financial hardship or other
reasons.
(c) The utility relocation agreement executed by the authority and
the utility, cable television corporation, or cable operator allows
for the authority to assume the utility relocation work as recourse
for the work being abandoned by the utility, cable television
corporation, or cable operator.