Section 1501 Of Chapter 8.5. Service Duplication From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 8.5.
1501
. The Legislature recognizes the substantial obligation
undertaken by a privately owned public utility which is franchised
under the Constitution or by a certificate of public convenience and
necessity to provide water service in that the utility must provide
facilities to meet the present and prospective needs of those in its
service area who may request service. At the same time, the rates
that may be charged for water service by a regulated utility are
fixed by the Public Utilities Commission at levels which assume that
the facilities so installed will remain used and useful in the
operation of the utility for a period of time measured by the
physical life of such facilities.
The Legislature finds and declares that the potential loss of
value of such facilities which may result from the construction and
operation by a political subdivision of similar or duplicating
facilities in the service area of such a private utility often deters
such private utility from obtaining a certificate or extending its
facilities to provide in many areas a water supply essential to the
health and safety of the citizens thereof.
The Legislature further finds and declares that it is necessary
for the public health, safety, and welfare that privately owned
public utilities regulated by the state be compensated for damages
that they may suffer by reason of political subdivisions extending
their facilities into the service areas of such privately owned
public utilities.