Chapter 1Relocation for Transit or Transportation Capital Improvement Projects

Section § 7000

Explanation

This section defines what counts as a 'utility' for the purposes of the law. It includes electric, water, telephone, telecommunication, and gas corporations, as well as publicly owned utilities and special districts that run utilities. Additionally, the chapter applies to cable television corporations and operators.

(a)CA Public Utilities Code § 7000(a) For purposes of this chapter, a utility shall mean all of the following:
(1)CA Public Utilities Code § 7000(a)(1) An electric corporation.
(2)CA Public Utilities Code § 7000(a)(2) A water corporation.
(3)CA Public Utilities Code § 7000(a)(3) A telephone corporation.
(4)CA Public Utilities Code § 7000(a)(4) A telecommunications carrier, as defined in Section 153 of Title 47 of the United States Code.
(5)CA Public Utilities Code § 7000(a)(5) A gas corporation.
(6)CA Public Utilities Code § 7000(a)(6) A local publicly owned electric utility and a publicly owned gas utility.
(7)CA Public Utilities Code § 7000(a)(7) A special district that owns or operates utilities.
(b)CA Public Utilities Code § 7000(b) This chapter shall also apply to the following entities:
(1)CA Public Utilities Code § 7000(b)(1) A cable television corporation.
(2)CA Public Utilities Code § 7000(b)(2) A cable operator, as defined in Section 522 of Title 47 of the United States Code.
utility definition electric corporation water corporation telephone corporation telecommunications carrier gas corporation publicly owned utilities special district utilities cable television corporation cable operator Title 47 Section 153 Title 47 Section 522
(Amended by Stats. 2008, Ch. 558, Sec. 32. Effective January 1, 2009.)

Section § 7001

Explanation

This law section defines the term “authority” specifically as the Santa Clara Valley Transportation Authority for the purposes of this chapter.

For purposes of this chapter, “authority” means the Santa Clara Valley Transportation Authority, as defined in Section 100011.
Santa Clara Valley Transportation Authority authority definition chapter purposes Section 100011 transportation authority identification regional transit agency Santa Clara County public transit VTA public transportation oversight transit authority roles authority identification definitions in legislation transport agency legal terms local government transportation public transport governance
(Added by Stats. 2002, Ch. 655, Sec. 2. Effective January 1, 2003.)

Section § 7002

Explanation

This section explains that when a utility company and an authority agree on relocating utility infrastructure for a transportation project, their agreement can cover key areas such as where the work will be done, how costs will be shared, the timeline for the project, solutions if the contract is not followed, and what happens if either party fails to meet their obligations or abandons the work.

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)CA Public Utilities Code § 7002(a) Location of the work to be completed.
(b)CA Public Utilities Code § 7002(b) Cost arrangements between the parties for the work to be conducted.
(c)CA Public Utilities Code § 7002(c) Schedule for the work to be completed.
(d)CA Public Utilities Code § 7002(d) Remedies for contract impairment.
(e)CA Public Utilities Code § 7002(e) Definition of default on the part of either party.
(f)CA Public Utilities Code § 7002(f) Remedies for default by either party.
(g)CA Public Utilities Code § 7002(g) What constitutes abandonment of utility relocation work, and remedies for addressing any abandonment.
utility relocation transit project transportation capital improvement relocation agreement location of work cost arrangements work schedule contract impairment remedies definition of default default remedies abandonment of work utility infrastructure project timeline cost sharing authority agreement
(Added by Stats. 2002, Ch. 655, Sec. 2. Effective January 1, 2003.)

Section § 7003

Explanation

If a utility company or cable operator abandons relocation work linked to a transportation project, the transportation authority can take over the work, based on their agreement terms. They can hire another qualified company to complete this work.

If union rules allow, the original workers from the utility have the first chance to continue the job. If they pass, the authority will offer the contract to another qualified group recommended by the utility. All work by the authority must meet industry standards and be approved by the original utility company.

(a)CA Public Utilities Code § 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)Copy CA Public Utilities Code § 7003(b)
(1)Copy CA Public Utilities Code § 7003(b)(1) The authority may issue contracts with another qualified entity to conduct the utility relocation work.
(2)CA Public Utilities Code § 7003(b)(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)CA Public Utilities Code § 7003(b)(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)CA Public Utilities Code § 7003(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.
utility relocation abandoned work transit project transportation project relocation agreement first right of refusal collective bargaining agreement qualified entity contracting process industry standards utility oversight cable operator transportation authority crew subcontracting employee rights
(Added by Stats. 2002, Ch. 655, Sec. 2. Effective January 1, 2003.)

Section § 7004

Explanation

This law states that the authority has multiple options for enforcing its rights. It can use all the legal remedies and penalties available to it, not just those in this section. This means the authority can combine different legal approaches to address an issue.

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.
nonexclusive remedies cumulative remedies authority rights available penalties enforcement options legal approaches rights enforcement contract remedies legal enforcement strategies PUC rights remedies options multiple enforcement methods
(Added by Stats. 2002, Ch. 655, Sec. 2. Effective January 1, 2003.)

Section § 7005

Explanation

This section of the law kicks in only if three conditions are met: First, there's a formal agreement in writing between an authority and a utility or cable company about relocating utility lines. Second, the company stops the relocation work due to financial issues or other reasons. Lastly, the agreement must permit the authority to take over the relocation tasks if the company abandons the work.

This chapter applies only if all of the following occurs:
(a)CA Public Utilities Code § 7005(a) The authority has executed a formal, written utility relocation agreement with the utility, cable television corporation, or cable operator.
(b)CA Public Utilities Code § 7005(b) The utility, cable television corporation, or cable operator abandons the relocation work because of financial hardship or other reasons.
(c)CA Public Utilities Code § 7005(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.
utility relocation agreement financial hardship abandoned relocation work utility company cable television corporation cable operator authority's recourse utility relocation written agreement assume work relocation work utility lines formal agreement abandonment reasons recourse for authority
(Added by Stats. 2002, Ch. 655, Sec. 2. Effective January 1, 2003.)