Law:Division 31. Housing And Home Finance (California)

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Chapter 1. Relocation For Transit Or Transportation Capital Improvement Projects

Ca Codes (puc:7000-7005) Public Utilities Code Section 7000-7005



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

7001. For purposes of this chapter, "authority" means the Santa Clara Valley Transportation Authority, as defined in Section 100011.


7002. 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) Location of the work to be completed. (b) Cost arrangements between the parties for the work to be conducted. (c) Schedule for the work to be completed. (d) Remedies for contract impairment. (e) Definition of default on the part of either party. (f) Remedies for default by either party. (g) What constitutes abandonment of utility relocation work, and remedies for addressing any abandonment.


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) (1) The authority may issue contracts with another qualified entity to conduct the utility relocation work. (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) 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) 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.


7004. 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.

7005. This chapter applies only if all of the following occurs: (a) The authority has executed a formal, written utility relocation agreement with the utility, cable television corporation, or cable operator. (b) The utility, cable television corporation, or cable operator abandons the relocation work because of financial hardship or other reasons. (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.


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