CHAPTER 28. Conversion of Existing Overhead Electric and Communication Facilities to Underground Locations [5896.1. - 5896.17.]

Cal. Streets and Highways Code - SHC 28.

in effect

Cal. Streets and Highways Code - SHC § 5896.1. Section 5896.1.

The Legislature finds that, in many areas of the state, landowners, cities, public agencies, and public utilities desire to convert existing overhead electric and communication facilities to underground locations by means of special assessment proceedings. The Legislature hereby declares that a public purpose will be served by providing a procedure to accomplish this conversion and that it is in the public interest to provide for the conversion by proceedings taken pursuant to this division.

Cal. Streets and Highways Code - SHC § 5896.2. Section 5896.2.

As used in this chapter, the following words and phrases, and any variants thereof, are defined as follows: “Cable operator” has the same meaning as defined in Section 5830 of the Public Utilities Code. “Cable television service” has the same meaning as “cable service” as defined in Section 5830 of the Public Utilities Code. “Communication service” means the transmission of intelligence by electrical means, including, but not limited to, telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits, and circuits for the transmission of television or radio signals. “Convert” or “conversion” means the removal of all, or any part, of any existing overhead electric or communication facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. “Electric service” means the distribution of electricity for heat, light, or power. “Electric or communication facilities” means any works or improvements used or useful in providing electrical, cable television, or communication service, including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances, other than those owned or used by, or provided for, any railroad or pipeline, and located upon or above the right-of-way of the railroad or pipeline. “Electric facilities” does not include any facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of 35,000 volts. “Overhead electric or communication facilities” means electrical, cable television, or communication facilities located, in whole or in part, above the surface of the ground. “Underground electric or communication facilities” means electrical, cable television, or communication facilities located, in whole or in part, beneath the surface of the ground. “Public agency” means any city, county, district, or public corporation (other than the one conducting the proceedings) that provides electric or communication service to the public by means of electric or communication facilities. “Public utility” means any person or corporation that provides electric or communication service to the public by means of electric or communication facilities.

Cal. Streets and Highways Code - SHC § 5896.3. Section 5896.3.

In addition to proceedings for types of work or improvement authorized elsewhere in this division, proceedings may be taken for the conversion of existing electric or communication facilities and the construction, reconstruction or relocation of any other electric or communications facilities which may be incidental thereto.

Cal. Streets and Highways Code - SHC § 5896.4. Section 5896.4.

Except as otherwise expressly provided by this chapter, a proceeding for a conversion shall be conducted and completed in accordance with the procedure specified elsewhere in this division. All of the provisions of this division shall be applicable to a proceeding for a conversion. This chapter does not affect any other law relating to the same or any similar subject, but provides an alternative authority and procedure for the subject to which it relates. When proceeding under this chapter its provisions only need be followed.

Cal. Streets and Highways Code - SHC § 5896.5. Section 5896.5.

Proceedings for a conversion shall be initiated by either a petition or by a determination of the legislative body. (a) In order to initiate proceedings, a petition shall: (1) Describe the proposed assessment district, as provided in Section 5181. (2) Generally describe the proposed conversion. (3) Request that proceedings for such conversion be taken pursuant to this division. (b) In order to initiate proceedings, the legislative body shall determine that the city, a public utility, or a cable operator has voluntarily agreed to pay over 50 percent of all costs of conversion, excluding costs of users’ connections to underground electric or communication facilities. (c) The city shall not pay a different percentage of the costs of conversion incurred by a public utility and by a cable operator associated with the same proceeding. The payment shall be made on a nondiscriminatory basis.

Cal. Streets and Highways Code - SHC § 5896.6. Section 5896.6.

A petition for proceedings for conversion shall be signed by not less than five owners of assessable land in the proposed assessment district, as shown by the last equalized assessment roll used by the city, owning lands constituting more than one-half of the area of all assessable lands within the proposed assessment district.

Cal. Streets and Highways Code - SHC § 5896.7. Section 5896.7.

The petition shall be filed with the clerk, who shall thereupon check or cause said petition to be checked. If the petition is signed by the requisite number of qualified signers, the clerk shall execute a certificate of sufficiency and present said petition and certificate to the legislative body.

Cal. Streets and Highways Code - SHC § 5896.8. Section 5896.8.

Upon presentation of the petition and certificate of sufficiency or upon a determination pursuant to subdivision (b) of Section 5896.5, the legislative body may adopt a resolution declaring its intention to order the conversion.

Cal. Streets and Highways Code - SHC § 5896.9. Section 5896.9.

(a) In a proceeding for a conversion, the city and any public utility, cable operator, or public agency supplying electric service, cable television service, or communication service within the city, by agreement, may provide that, upon confirmation of the assessment, the public utility, cable operator, or public agency shall have legal title to the electric or communication facilities, which shall thereafter constitute part of a system of the public utility or public agency and be used, operated, maintained, and managed by it as part of its system. (b) Subject to any rules, regulations, or tariffs applicable to any public utility, cable operator, or public agency, the agreement also may provide, among other things, for any of the following: the supplying or approval by the public utility, cable operator, or public agency of plans and specifications; a contribution of labor, materials, or money by the public utility, cable operator, or public agency; the performance by the public utility, cable operator, or public agency of all, or any part, of the work or improvement; and payment to the public utility, cable operator, or public agency for any work or improvement performed or service rendered by it. (c) Any agreement shall be made prior to the adoption of the resolution ordering the work. If the proceedings are abandoned, the agreement shall be given no further force or effect. To the extent that the agreement provides that all, or any part, of the work or improvement is to be performed by the public utility, cable operator, or public agency, the provisions of this division requiring competitive bidding and the award of the contract to the lowest responsible bidder shall be inapplicable. (d) Nothing in this chapter precludes the city, cable operator, or the public utility, in the event of disagreement regarding any provision of the proposed agreement, from seeking review of the disagreement by the Public Utilities Commission.

Cal. Streets and Highways Code - SHC § 5896.10. Section 5896.10.

If the work or improvement consists solely of a conversion, and the work or improvement is performed by a public utility, cable operator, or public agency, the resolution of intention shall provide that (a) the warrant, assessment, and diagram or (b) any bonds issued or to be issued to represent unpaid assessments, or both (a) and (b), shall be sold as the legislative body directs. The purchaser, and any successors, shall have the same rights and liens as the contractor to collect and enforce the assessments and all bonds issued to represent unpaid assessments. If the work and improvement consists, in part, of a conversion and, in part, of other types of work or improvement under this division, the legislative body may provide, in the resolution of intention, that the costs and expenses of conversion are part of the incidental expenses to be advanced to the city by the contractor and to be included in the assessment. Any payments made upon assessments, any proceeds from the sale of the warrant, assessment, and diagram or bonds, and any incidental expenses so advanced to the city may be used by the city for the purpose of making payments to a public utility, cable operator, or public agency pursuant to an agreement made under Section 5896.9.

Cal. Streets and Highways Code - SHC § 5896.11. Section 5896.11.

If the city furnishes electric or communication service by means of electric or communication facilities owned or operated by the city, the legislative body, in the resolution ordering work, may provide that the work or improvement of conversion shall be performed for the price or prices specified in the resolution by the city or any department, agency, commission, or officer of the city having the duty of furnishing the service. To that extent, the provisions of Part 1 (commencing with Section 1100) of Division 2 of the Public Contract Code requiring competitive bidding and the award of the contract to the lowest responsible bidder shall be inapplicable.

Cal. Streets and Highways Code - SHC § 5896.13. Section 5896.13.

If the work or improvement consists solely of conversion of electric or communication facilities owned or operated by the city and the legislative body has provided that such work or improvement shall be performed by the city or any department, agency, commission or officer of the city, the warrant, assessment and diagram and all bonds issued to represent unpaid assessments shall be delivered to the city and the city shall thereupon have the same rights and liens as the contractor to collect and enforce the payment of the assessments and all bonds issued to represent unpaid assessments. In such event, (a) such warrant, assessment and diagram or (b) any bonds issued or to be issued to represent unpaid assessment, or both (a) and (b), may be sold as the legislative body directs and the purchaser, and any successors, shall thereupon succeed to all of the rights and liens of the city. If the work and improvement consists, in part, of a conversion and, in part, of other types of work or improvement, the legislative body may provide in the resolution of intention that the costs and expenses of conversion shall constititute part of the incidental expenses to be advanced to the city by the contractor and to be included in the assessment. Any incidental expenses so advanced to the city may be retained by the city for the purpose of paying or reimbursing the city for the cost of such conversion.

Cal. Streets and Highways Code - SHC § 5896.14. Section 5896.14.

(a) Subject to applicable rules, regulations, tariffs, or ordinances, all electric or communication facilities, including connections to the owner’s premises, located upon any lot or parcel of land within the assessment district shall be constructed, reconstructed, relocated, or converted by the owner of the lot or parcel at his or her own expense. This work may be done by the contractor, or the public utility, cable operator, public agency, or city performing the conversion work, and the cost thereof included in the assessment to be levied upon the lot or parcel, provided that the owner shall execute a written request therefor and file it with the clerk. Any such request shall expressly authorize the contractor, public utility, cable operator, public agency, or city, and the respective officers, agents, and employees of each, to enter upon the lot or parcel for that purpose and shall waive any right of protest or objection in respect of the doing of that work and the inclusion of the cost thereof in the assessment. (b) The provisions of this chapter shall not be deemed to diminish any right of an owner of a lot or parcel of land to contract any portion of work on his or her premises.

Cal. Streets and Highways Code - SHC § 5896.15. Section 5896.15.

Any written request executed pursuant to Section 5896.14 shall be filed with the clerk not later than the date fixed for commencement of construction of the conversion. A written request executed after such date shall not be accepted for filing by the clerk unless it shall contain the written approval of the contractor, public utility, public agency or city which is authorized to perform such work or improvement.

Cal. Streets and Highways Code - SHC § 5896.16. Section 5896.16.

The clerk shall mail a notice to each owner of a lot or parcel of land within the assessment district advising him of the provisions of Sections 5896.14 and 5896.15 and stating that unless such owner complies with the requirements of such sections all buildings, structures and improvements located upon the lot or parcel will be subject to disconnection from the electric or communication facilities providing service thereto. Such notice shall be mailed at least 15 days prior to the date of commencement of construction and shall be mailed to the owners whose names and addresses appear on the last equalized assessment roll used by the city or as known to the clerk.

Cal. Streets and Highways Code - SHC § 5896.17. Section 5896.17.

If the owner of any lot or parcel of land shall fail to comply with the requirements of Sections 5896.14 and 5896.15, the city may order the disconnection and removal of all overhead electric or communication facilities providing service to any building, structure or improvement located upon such lot or parcel. Written notice of proposed disconnection shall be given at least five days prior to disconnection by leaving a copy of such notice at the principal building, structure or improvement located upon such lot or parcel.

Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026