Chapter 5Relocation of Utilities

Section § 185500

Explanation

This law defines several key terms related to high-speed rail in California. 'High-speed rail property' refers to any real estate or interest in real estate acquired for high-speed rail purposes. A 'person' includes both individuals and various types of organizations or local government entities. A 'utility' is defined as any person who maintains a utility facility. Lastly, a 'utility facility' includes structures like poles, pipelines, or cables used for utility services such as water or telephone.

(a)CA Public Utilities Code § 185500(a) “High-speed rail property” means real property or an interest therein, including any right-of-way, previously or hereafter acquired by the state for high-speed rail purposes.
(b)CA Public Utilities Code § 185500(b) “Person” means a natural person, firm, partnership, association, corporation, organization, limited liability company, or business trust, and includes any city, county, city and county, public corporation, or public district.
(c)CA Public Utilities Code § 185500(c) “Utility” means any person maintaining a utility facility.
(d)CA Public Utilities Code § 185500(d) “Utility facility” means any pole, pole line, pipe, pipeline, conduit, cable, aqueduct, or other structure or appurtenance thereof used for publicly or privately owned utility services or used by any mutual organization supplying water or telephone service to its members.
high-speed rail real property right-of-way utility facility publicly owned utility services privately owned utility services mutual organization water service telephone service city and county entities public corporation public district natural person limited liability company business trust
(Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)

Section § 185501

Explanation

This law says that if any utility, like a gas or power line, needs to be moved completely off a property used for high-speed rail, the rail authority has to pay for the cost of moving it. This covers both the removal and the setting up of the utility in a new place outside the rail area. However, if the utility is just being moved to another location within the high-speed rail property, this rule does not apply.

(a)CA Public Utilities Code § 185501(a) When the authority requires any utility to remove any utility facility lawfully maintained in the right-of-way of any high-speed rail property to a location entirely outside the high-speed rail property right-of-way, the authority shall pay the reasonable and necessary cost of the removal. This includes both the cost of removal and the cost of relocation to a new location outside of the high-speed rail property right-of-way.
(b)CA Public Utilities Code § 185501(b) This section does not apply to the relocation of a utility facility from one point in a high-speed rail property to another point in that property, including relocation in any service road of the high-speed rail property or from one point of crossing of the high-speed rail property to another reasonable point of crossing.
utility relocation costs high-speed rail property utility facility removal relocation expenses right-of-way utility infrastructure public utilities transportation property railway authority obligations infrastructure costs utility crossing service road relocation relocation exemption utility cost reimbursement rail property removal
(Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)

Section § 185502

Explanation

This law explains who pays for moving utility facilities when the high-speed rail requires them to be relocated.

If a public utility needs to be moved and wasn't part of the high-speed rail originally, the rail authority will cover the costs. For private water utilities in similar situations, the rail authority pays as well. If it's a private utility other than water, the authority pays if the utility isn't contractually obliged to pay for the move itself.

Lastly, the cost of moving public sewers, fire hydrants, and street lights (public or private) is always covered by the rail authority.

(a)CA Public Utilities Code § 185502(a) When the authority requires a publicly owned utility to relocate within a high-speed rail property any utility facility lawfully maintained in that property that was not used for high-speed rail purposes at the time the utility facility was originally installed, the authority shall pay the cost of the relocation.
(b)CA Public Utilities Code § 185502(b) When the authority requires a privately owned utility to relocate within a high-speed rail property any utility facility used solely to supply water, which facility is lawfully maintained in any high-speed rail property that was not used for high-speed rail purposes at the time that the utility facility was originally installed, the authority shall pay the cost of the relocation.
(c)CA Public Utilities Code § 185502(c) When the authority requires a privately owned utility to relocate within a high-speed rail property any utility facility, other than one used solely to supply water, which facility is lawfully maintained in any high-speed rail property that was not used for high-speed rail purposes at the time the utility facility was originally installed, and it is established by the utility that the utility is not under express contractual obligation to relocate the utility facility at its own expense, the authority shall pay the cost of the relocation.
(d)CA Public Utilities Code § 185502(d) A permit containing a contractual obligation that was accepted by the utility for maintenance or minor improvement of the facility after the property became high-speed rail property shall not constitute a contractual obligation to relocate a utility facility at its own expense within the meaning of this section.
(e)CA Public Utilities Code § 185502(e) Publicly owned sewers and fire hydrants and any street lighting structure, whether publicly or privately owned, in any high-speed rail property shall be relocated, where necessary, at the expense of the authority.
utility relocation costs high-speed rail property public utility relocation private water utility non-water utility relocation contractual obligation sewers relocation fire hydrants relocation street lighting relocation expenses rail authority responsibility publicly owned utility privately owned utility permit obligations
(Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)

Section § 185503

Explanation

If a utility facility needs to be moved more than once within a 10-year span in a specific area, the authority in charge must cover the cost starting from the second move and any further moves within those 10 years.

If the authority requires the relocation within the right-of-way of any utility facility more than once within a period of 10 years, the authority shall pay the cost of the second relocation and any subsequent relocation within the 10-year period.
utility relocation costs right-of-way multiple relocations authority responsibility 10-year period second relocation costs utility facility subsequent relocation payment infrastructure changes utility management government reimbursement cost coverage public utilities relocation frequency infrastructure planning
(Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)

Section § 185504

Explanation

This section explains that when authorities have to pay for moving or removing utility facilities, they can get certain credits. If the facility’s capacity gets boosted due to the move or upgrade, they receive a credit for that improvement. Any materials saved during the move that can still be used will also earn credits based on their resale value. Additionally, if building a new facility is cheaper due to the age of the displaced facility, there's an allowance based on how old the facility was compared to its expected lifespan. However, utilities can't claim these credits to cover costs they must normally pay, and publicly owned sewers can't use age-based credit allowances.

(a)CA Public Utilities Code § 185504(a) In any case in which the authority is required under the provisions of this chapter to pay the cost of removal or relocation of any utility facility, it shall be entitled to the following credits:
(1)CA Public Utilities Code § 185504(a)(1) In the amount of any betterment to the utility facility resulting from the removal or relocation, not in excess of the cost of the increased capacity of the facility.
(2)CA Public Utilities Code § 185504(a)(2) The salvage value of any materials or parts salvaged and retained by the utility.
(3)CA Public Utilities Code § 185504(a)(3) If a new utility facility or portion of that facility is constructed to accomplish the removal or relocation, an allowance of an amount equal to the same proportion of the original cost of the displaced utility facility or portion of that facility as the age of the facility bears to the normal expected life of the facility.
(b)CA Public Utilities Code § 185504(b) A credit shall not be allowed against any portion of the cost that is otherwise chargeable to the utility.
(c)CA Public Utilities Code § 185504(c) A credit allowance for age shall not be applied to publicly owned sewers.
utility relocation credits removal cost facility betterment increased capacity salvage value displaced utility facility original cost allowance facility expected life cost chargeable to utility credit restrictions publicly owned sewers
(Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)

Section § 185505

Explanation

This law explains how costs should be handled when a utility facility needs to be moved or relocated for high-speed rail construction. The authority in charge and the utility can agree on how much each will pay. If the utility can't afford it, the authority can pay upfront, but the utility must repay it within 10 years. They must also move quickly to avoid delaying construction. Either party can take legal action within four years after the utility completes the move or if an agreement is breached, without needing to file a claim with a state agency first.

(a)CA Public Utilities Code § 185505(a) The authority and any utility required to remove a utility facility or to relocate any utility facility may, by agreement, provide for the respective amounts of the cost to be borne by each. The authority may, without prejudice to its rights under Section 185506, advance the cost of removal or relocation, and, if the authority advances that cost, it is the duty of the utility to move its facilities as soon as reasonably possible so as not to delay high-speed rail construction. In the case of any utility that is not financially able to bear the costs of removal or relocation, the authority may by agreement provide for the work to be done on condition that the utility’s portion of the costs be repaid to the authority over a period of time not exceeding 10 years.
(b)CA Public Utilities Code § 185505(b) Either party may maintain an action in a court of competent jurisdiction for an adjudication as to the obligations and costs to be borne by each party under any contract entered into by the parties at any time within four years after the cause of action first arose. The cause of action shall be deemed to arise at the time of the completion by the utility of the removal or relocation in question, or at the time of a breach of the agreement by either party, whichever occurs first. The filing of a claim with a state agency shall not be deemed a condition precedent to the maintenance by the utility of an action under this subdivision.
utility relocation cost sharing agreement high-speed rail construction financially unable utility cost repayment legal action breach of agreement utility facility removal advance cost payment repayment over 10 years construction delay avoidance court adjudication utility relocation cost contract obligations construction project timelines
(Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)

Section § 185506

Explanation

If a utility and an authority can't agree on how to split costs for moving or removing utilities, either side can go to court to settle it. They have three years to start this legal action, counting from when the utility work was finished. It's not necessary to file a claim with a state agency before going to court.

In the event of failure to reach an agreement as provided in Section 185505, the utility or the authority may bring an action in a court of competent jurisdiction for apportionment of the cost between them in accordance with this chapter. This action shall be commenced within three years of the date of completion by the utility of the removal or relocation in question. The filing of a claim with a state agency shall not be deemed a condition precedent to the maintenance by the utility of an action pursuant to this section.
utility cost apportionment court action utility removal costs cost sharing dispute utility relocation expenses three-year deadline legal proceedings competent jurisdiction cost agreement failure utility authority state agency claim action maintenance completion date apportionment claim relocation responsibility
(Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)

Section § 185507

Explanation

This law outlines how contracts between the state authority responsible for high-speed rail construction and utilities should handle the costs and responsibilities of relocating utility facilities. There are provisions for relocations completed before and after the contract's effective date. If a utility has already completed a relocation in response to the state's request, both parties can settle costs if there are disputes, and such agreements can't be changed unless both parties agree after the contract is signed.

For work done after the contract's effective date, the contract sets the rules and takes precedence over other laws. If there's an existing agreement about costs and responsibilities prior to the contract, it stays in effect. Utilities can take legal action if needed within certain timeframes, and typically without needing state agency approval first. If the law or contract terms end, the contract rules still apply for any notices given before the end date.

(a)CA Public Utilities Code § 185507(a) The authority and any utility as defined in Section 185500 may enter into a contract providing for or apportioning the obligations and costs to be borne by each party as to either or both of the following subject matters:
(1)CA Public Utilities Code § 185507(a)(1) Any or all removals or relocations of utility facilities completed by the utility prior to the effective date of the contract as required by notice given by the authority when necessary to accommodate any or all state high-speed rail construction, where: (A) the obligations or costs to be borne by each party for a removal or relocation are in dispute; and (B) the claim of the utility is: (i) founded upon a removal or relocation completed by the utility not earlier than three years preceding the effective date of the contract; or (ii) involved in an action pending in a court of competent jurisdiction if the action was commenced within three years after completion by the utility of the removal or relocation in question.
(2)CA Public Utilities Code § 185507(a)(2) Any or all removals or relocations of utility facilities to be undertaken or completed by the utility after the effective date of the contract as required by notice given by the authority when necessary to accommodate any or all state high-speed rail construction.
(b)CA Public Utilities Code § 185507(b) Those provisions of a contract authorized in paragraph (1) of subdivision (a) settling the claims of the parties in respect to removals or relocations of utility facilities completed by the utility prior to the effective date of the contract shall be irrevocable after the execution of the contract, unless changed or modified by mutual consent of the parties in writing. Either party may maintain an action in a court of competent jurisdiction upon any of the provisions of the contract at any time within two years after the effective date of the contract, and the utility need not file a claim with a state agency as a condition precedent to the maintenance of an action under this subdivision.
(c)CA Public Utilities Code § 185507(c) Those provisions of a contract dealing with removals or relocations of utility facilities to be undertaken or completed by the utility after the effective date of the contract, as authorized in paragraph (2) of subdivision (a), shall be subject to the following limitations and requirements:
(1)CA Public Utilities Code § 185507(c)(1) While the contract remains in effect, the contract shall govern exclusively the determination of the obligations and costs to be borne by each party in regard to any removal or relocation covered by the contract and undertaken or completed by the utility after the effective date of the contract, whether notice of the necessity of the removal or relocation was given by the authority to the utility before or after the effective date of the contract. This chapter, as now or hereafter existing, and any and all other laws that would be applicable to the subject matter but for the contract shall not apply, except that laws may be referred to, retained, and made applicable by the contract. This paragraph shall not apply in the following circumstances:
(A)CA Public Utilities Code § 185507(c)(1)(A) If, before the effective date of a contract entered into under this section, the parties executed an agreement in respect to the obligations and costs to be borne by each party as to a particular removal or relocation under a notice given by the authority, the provisions of such an agreement shall govern as to the obligations and costs to be borne by each party in respect to that particular removal or relocation.
(B)CA Public Utilities Code § 185507(c)(1)(B) If a particular notice given by the authority before the effective date of a contract entered into under this section includes a determination that a removal or relocation is to be made at the expense of the utility, the utility shall be bound by that notice unless the utility advised the authority in writing of its disagreement with the determination within the time specified in an agreement then in effect between the authority and the utility in respect to the procedure to be followed in those cases, or, if there is no such agreement, within a reasonable time after receipt by the utility of the notice.
(2)CA Public Utilities Code § 185507(c)(2) Either party may maintain an action in a court of competent jurisdiction for an adjudication as to the obligations and costs to be borne by each party under the contract at any time within four years after the cause of action first arose. The cause of action shall be deemed to arise at the time of the completion by the utility of the removal or relocation in question. The filing of a claim with a state agency shall not be deemed a condition precedent to the maintenance by the utility of an action under this paragraph.
(3)CA Public Utilities Code § 185507(c)(3) The contract shall terminate upon the repeal of this section, the repeal of paragraph (2) of subdivision (a) and subdivision (c), or at the time or in the manner as may be provided in the contract. In the event of termination under this paragraph, the laws applicable to the subject matter of the contract existing at the time of termination shall thereafter govern, except that the terms of the contract shall continue to apply to removals or relocations required of the utility by the authority under notice mailed or delivered to the utility prior to the termination, whether work upon the removal or relocation has already commenced, is in progress, or has been completed.
utility relocation high-speed rail construction contract obligations cost apportionment dispute settlement prior relocation claims utility facility removal legal action timeframe contract termination consent for modifications exclusive contract determination utility expense responsibility authority notice court adjudication
(Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)

Section § 185508

Explanation

In California, utility companies have the right to obtain a permit to cross high-speed rail property if it is necessary for them to effectively deliver their services to the public. This means they can request to run lines or other infrastructure across this specific type of property.

A utility is entitled to a permit for such reasonable crossings of high-speed rail property as may be required for the proper discharge of the utility’s service to the public.
utility permit high-speed rail crossings utility service discharge public service utilities rail property access infrastructure crossing permit entitlement property easements high-speed rail utility access service delivery requirements reasonable crossing crossing permits utility right of way service infrastructure access public utility crossovers
(Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)

Section § 185509

Explanation

This law states that utility companies need permission to install their infrastructure along high-speed rail properties. The decision to grant this permission must prioritize public safety and ensure the high-speed rail can continue to function without obstruction. Additionally, the law emphasizes that utility installations should not undermine the aesthetic appeal of landscaped areas near city limits.

The authority shall exercise reasonable discretion in acting on applications of utilities for permits to occupy high-speed rail property for longitudinal locations of facilities, as may be required for the proper discharge of their services to the public. The authority may, however, refuse to grant an application for a longitudinal installation that would be inconsistent with public safety or the continued unobstructed use of the high-speed rail property for rail or vehicular traffic, or for any type of utility structure inconsistent with the aesthetic values of any landscaped high-speed rail property within, or approaching within, one mile of the limits of any city.
high-speed rail property utilities permits longitudinal installations public safety unobstructed use rail traffic vehicular traffic utility infrastructure aesthetic values landscaped property city limits infrastructure placement utility permits longitudinal locations
(Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)

Section § 185510

Explanation

This law requires that when deciding on utility permits, the authority must balance the needs of people using high-speed rail with the need for utility services.

The authority, in acting upon applications for utility permits, shall consider both the interests of the traveling public upon the high-speed rail property and the needs of consumers for utility services.
utility permits high-speed rail property traveling public interests consumer needs utility services permit applications rail property rail users public transportation user safety service infrastructure infrastructure development resource allocation transportation policy utility regulations
(Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)

Section § 185511

Explanation

This section allows the authority overseeing high-speed rail to create rules about where and how utility facilities like cables or poles can be placed around rail property. These rules must be reasonable and are meant to ensure safe and efficient operations.

Nothing in this chapter is intended to prevent the authority from making reasonable rules and regulations and requiring reasonable conditions in permits concerning the place, manner, and method of location of utility facilities in, under, over, or along high-speed rail property.
high-speed rail utility facilities location rules permit conditions rail property reasonable regulations utility placement infrastructure management rules for utilities rail authority property management utilities oversight transportation infrastructure facility location railway safety
(Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)