Public Utilities ActService Duplication
Section § 1501
This law explains that private water utilities, which are either franchised by the Constitution or have a certificate, have a duty to supply water facilities to meet current and future demands. These utilities are expected to maintain these facilities over their lifespan, while charging rates set by the Public Utilities Commission. However, their operations can be disrupted if government entities build similar water facilities in the same area, discouraging private utilities from expanding. Therefore, to protect public health and safety, the law emphasizes the need to compensate these utilities if they suffer damages due to such government actions.
Section § 1502
This section of the Public Utilities Code defines terms related to water services provided by privately owned public utilities. It explains what is meant by 'political subdivision,' which includes various types of public corporations like cities and water districts. It also clarifies what 'service area' refers to, which is the geographic area served by a utility. An 'operating system' is described as the integrated system for delivering water within that service area, while 'private utility' highlights private companies providing water. The term 'type of service' includes different uses of water, such as domestic or industrial. 'Reclaimed water' is water that has been treated for reuse, and 'private use' refers to an entity using its reclaimed water.
Section § 1503
This law states that if a government entity builds facilities to supply water in an area already served by a private utility, it is considered a 'taking' of the private utility's property for public use. This occurs if the private utility's equipment is damaged, loses value, or becomes useless because of the new public water service.
Section § 1504
This law deals with how a political subdivision, like a city or county, pays a private utility company when it takes their property for public use. The payment, called just compensation, can be agreed upon by both parties or decided by a court. When a political subdivision pays enough to cover all of the utility's property used for water services in a given area, they can acquire all of that property through a formal resolution. Essentially, it's about ensuring fair payment is made for property taken for public projects, especially involving water service systems.
Section § 1505
This law states that specific rules from Sections 1503 and 1504 apply to private utility companies that build or expand water service infrastructure in areas already served by a government entity that offers similar water services.
Section § 1505.5
This section says that if a local government builds facilities to provide water service in an area already served by another local government, rules from Sections 1503 and 1504 apply. However, if there was a court decision or ongoing lawsuit about overlapping water services before this section became active, these rules don't apply to those areas.
Section § 1506
This law defines 'private utility' to include mutual water companies and explains how certain rules apply when a political subdivision builds or extends water services in areas already served by these companies. The territory serviced by a mutual water company at the time of such changes is referred to as the 'service area.'
If a political subdivision intends to provide or extend recycled water services, they are not subject to these rules, as long as they follow the Water Recycling Act of 1991. However, this exception doesn't apply to properties where the mutual water company was already providing or planning to provide recycled water services as of December 31, 2014.
Section § 1507
This law section explains that certain regulations won't apply if specific conditions are fulfilled. It’s focused on when reclaimed water can be used privately. The rules only apply if the reclaimed water is used by a water reclamation plant owner on their premises or a landfill. The water use is restricted to dust suppression and irrigation, among other approved uses. There shouldn't be any existing facilities that can reasonably supply reclaimed water, and in case of usage on a landfill, the entity must compensate the utility whose service is being replaced. This law applies only within Los Angeles County.