California 2009-2010 Regular Session Status: In Committee

AB 2162 — Eminent domain: public utilities.

Last action — From committee without further action.

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

This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations, as defined. The existing Public Utilities Act prohibits any gas corporation from beginning the construction of, among other things, a line, plant, or system, or of any extension thereof, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require that construction (certificate of public convenience and necessity) . Existing law authorizes certain public utilities to condemn property, as prescribed, but prohibits specified public utilities that offer competitive services from condemning any property for the purpose of competing with another entity in the offering of those competitive services, unless the commission finds, pursuant to a petition or complaint filed by the public utility, in accordance with specified provisions that such an action would serve the public interest. This bill would provide that the existing prohibition upon specified public utilities condemning property if they offer competitive services does not apply to a gas corporation seeking to develop a natural gas storage facility in a natural gas reservoir if the need for the storage project at the proposed location was determined in an evidentiary hearing before the commission pursuant to an application for a certificate of public convenience and necessity. (2) The Eminent Domain Law provides the procedure for the exercise of the power of eminent domain by governmental entities and public utilities and authorizes the plaintiff to make an application to the court to take possession of property prior to judgment and sets forth the procedures the plaintiff must follow. Existing law authorizes a court to issue an order of possession upon an ex parte application by a water, wastewater, gas, electric, or telephone utility, as the court deems appropriate under the circumstances of the case, if the court finds that (A) an emergency exists and as a consequence the utility has an urgent need for possession of the property, and (B) an emergency order of possession will not displace or unreasonably affect any person in actual and lawful possession of the property to be taken or the larger parcel of which it is a part. Existing law authorizes a defendant or occupant of the property to move for relief from an order of possession issued on behalf of a utility because of an emergency and authorizes the court to modify, stay, or vacate the order upon consideration of the relevant facts and any objections raised, and upon completion of a hearing, if requested. This bill would authorize a court to issue an order for possession upon an ex parte application by a water, wastewater, gas, electrical, or telephone utility if the court finds that (A) the commission has issued a certificate of public convenience and necessity for the project, (B) the need for the proposed project at the proposed location was determined through an evidentiary hearing before the commission pursuant to an application for a certificate of public convenience and necessity, and (C) the order of possession will not displace or unreasonably affect any person in actual and lawful possession of the property to be taken or the larger parcel of which it is a part. The existing right of a defendant or occupant of the property to move for relief would be applicable to any order of possession issued pursuant to this authority. This bill would provide that an order of possession may be served by mail upon an owner or occupant who previously appeared in or was provided with notice pursuant to the notice procedures of the commission in a prior proceeding of the commission acting upon an application by the plaintiff for a certificate of public convenience and necessity as to the project for which possession of the property is required.

Bill Text

Action History

  1. From committee without further action.

  2. In committee: Set, second hearing. Hearing canceled at the request of author.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. Re-referred to Com. on U. & C.

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

  6. Referred to Coms. on U. & C. and JUD.

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

  8. Read first time. To print.

Sponsors

  • Niello · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Niello

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

Subjects

public-safety energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2162 do?
(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations, as defined. The existing Public Utilities Act prohibits any gas corporation from beginning the construction of, among other things, a line, plant, or system, or of any extension thereof, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require that construction (certificate of public convenience and necessity) . Existing law authorizes certain public utilities to condemn property, as prescribed, but prohibits specified public utilities that offer competitive services from condemning any property for the purpose of competing with another entity in the offering of those competitive services, unless the commission finds, pursuant to a petition or complaint filed by the public utility, in accordance with specified provisions that such an action would serve the public interest. This bill would provide that the existing prohibition upon specified public utilities condemning property if they offer competitive services does not apply to a gas corporation seeking to develop a natural gas storage facility in a natural gas reservoir if the need for the storage project at the proposed location was determined in an evidentiary hearing before the commission pursuant to an application for a certificate of public convenience and necessity. (2) The Eminent Domain Law provides the procedure for the exercise of the power of eminent domain by governmental entities and public utilities and authorizes the plaintiff to make an application to the court to take possession of property prior to judgment and sets forth the procedures the plaintiff must follow. Existing law authorizes a court to issue an order of possession upon an ex parte application by a water, wastewater, gas, electric, or telephone utility, as the court deems appropriate under the circumstances of the case, if the court finds that (A) an emergency exists and as a consequence the utility has an urgent need for possession of the property, and (B) an emergency order of possession will not displace or unreasonably affect any person in actual and lawful possession of the property to be taken or the larger parcel of which it is a part. Existing law authorizes a defendant or occupant of the property to move for relief from an order of possession issued on behalf of a utility because of an emergency and authorizes the court to modify, stay, or vacate the order upon consideration of the relevant facts and any objections raised, and upon completion of a hearing, if requested. This bill would authorize a court to issue an order for possession upon an ex parte application by a water, wastewater, gas, electrical, or telephone utility if the court finds that (A) the commission has issued a certificate of public convenience and necessity for the project, (B) the need for the proposed project at the proposed location was determined through an evidentiary hearing before the commission pursuant to an application for a certificate of public convenience and necessity, and (C) the order of possession will not displace or unreasonably affect any person in actual and lawful possession of the property to be taken or the larger parcel of which it is a part. The existing right of a defendant or occupant of the property to move for relief would be applicable to any order of possession issued pursuant to this authority. This bill would provide that an order of possession may be served by mail upon an owner or occupant who previously appeared in or was provided with notice pursuant to the notice procedures of the commission in a prior proceeding of the commission acting upon an application by the plaintiff for a certificate of public convenience and necessity as to the project for which possession of the property is required.
Who sponsors AB 2162?
AB 2162 is sponsored by Niello.
What is the current status of AB 2162?
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2162?
Track AB 2162 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 2162

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 2162

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →