County of Alameda v. Pacific Gas & Electric Co.

Opinion

MIHARA, J.

In 1971, the California Legislature enacted Public Utilities Code 1 section 6201.5 which, for the first time, authorized counties to use the franchise-granting provisions of the Franchise Act of 1937. In this case we hold the enactment did not change the franchise fee formula contained in preexisting county franchises granted under the Broughton Act.

Statutory Background

Prior to 1937, the Broughton Act, enacted in 1905 and codified in chapter 1 of division 3 of the Public Utilities Code, sections 6001-6092, was the only statutory scheme for counties and most cities of…