California 2009-2010 Regular Session Status: Enacted

AB 521 — Utility property: leases for park purposes.

Last action — Chaptered by Secretary of State - Chapter 448, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 25, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 448, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 7 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 62. Noes 13. Page 2978.)

  5. Assembly Rule 77 suspended. (Page 2970.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 27. Noes 5. Page 2063.)

  8. Read second time. To third reading.

  9. From committee: Do pass. (Ayes 11. Noes 0.) (July 7).

  10. In committee: Hearing postponed by committee.

  11. In committee: Hearing postponed by committee.

  12. In committee: Hearing postponed by committee.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.

  14. Referred to Com. on E., U., & C.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time, passed, and to Senate. (Ayes 67. Noes 12. Page 1222.)

  17. Read second time. To third reading.

  18. Read second time and amended. Ordered returned to second reading.

  19. From committee: Amend, and do pass as amended. (Ayes 12. Noes 2.) (April 13).

  20. Referred to Com. on U. & C.

  21. From printer. May be heard in committee March 28.

  22. Read first time. To print.

Sponsors

  • De La Torre · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • De La Torre

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 73 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 691204
Democratic 2001
Republican 2100
Total 731305
% of votes cast 80%14%0%5%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Blakeslee — Yea
Coto — Yea
DeVore — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Conway — Nay
Cook — Not Voting
Galgiani — Yea
Charles — Not Voting
Garrick — Not Voting
Hagman — Yea
Duvall — Nay
Hall — Yea
Harkey — Nay
Anderson — Nay
Bass — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Nielsen — Nay
Ruskin — Yea
Smyth — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Knight — Nay
Logue — Nay
Ma — Yea
Silva — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Eng — Yea
Davis — Not Voting
Yamada — Yea
Fuller — Nay
Gilmore — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Yea

Official roll call →

Passed 28 Yea · 5 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 25508
Democratic 2000
Republican 1000
Total 28508
% of votes cast 68%12%0%20%
How each member voted (41)
Member Party Vote
Yee — Yea
Corbett — Yea
Florez — Yea
Ducheny — Yea
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Leno — Yea
Runner — Yea
Harman — Nay
Hollingsworth — Not Voting
McLeod — Yea
Oropeza — Not Voting
Pavley — Not Voting
Cogdill — Not Voting
Dutton — Nay
Price — Yea
Romero — Not Voting
Simitian — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Nay
Benoit — Yea
Huff — Yea
Kehoe — Yea
Liu — Not Voting
Maldonado — Yea
Steinberg — Yea
Wiggins — Yea
Cedillo — Not Voting
Wyland — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 8000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Lowenthal — Yea
Benoit — Yea
Corbett — Yea
Simitian — Yea
Wiggins — Yea
Wright — Yea
Kehoe — Yea
Cox — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 79 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 721101
Democratic 5000
Republican 2100
Total 791201
% of votes cast 86%13%0%1%
How each member voted (92)
Member Party Vote
Evans — Yea
Carter — Yea
Chesbro — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Gilmore — Yea
Charles — Yea
Hagman — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Ammiano — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Yamada — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Gaines — Nay
Fuller — Nay
Garrick — Nay
Harkey — Nay
Hill — Yea
Huffman — Yea
Bass — Yea
Knight — Nay
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Nay
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Adams — Yea
Anderson — Nay
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Jeffries — Yea
Krekorian — Yea
Logue — Nay
Ma — Yea
Nielsen — Nay
Skinner — Yea
Swanson — Yea
Torrico — Yea
Villines — Not Voting
Conway — Nay
Emmerson — Yea
Eng — Yea
DeVore — Yea
Duvall — Nay
Galgiani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 13 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12201
Democratic 1000
Total 13201
% of votes cast 81%13%0%6%
How each member voted (16)
Member Party Vote
Carter — Yea
Duvall — Nay
Fuentes — Yea
Fuller — Nay
Furutani — Yea
Huffman — Yea
Krekorian — Yea
Smyth — Yea
Swanson — Yea
Tom — Yea
Berryhill — Yea
Blakeslee — Yea
Buchanan — Yea
Skinner — Not Voting
Torrico — Yea
Fong, Mike Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 521 do?
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.
Who sponsors AB 521?
AB 521 is sponsored by De La Torre.
What is the current status of AB 521?
This bill has been enacted into law. Introduced February 25, 2009. Enacted.
Where can I track AB 521?
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