§ 1240.655.Action By Golden State Energy to Acquire Pg&e
Title 7. Eminent Domain Law · Chapter 3. The Right to Take · Article 7. Condemnation for More Necessary Public Use · Enacted 2020 · no amendments on record · Last verified July 29, 2026
Full Text of § 1240.655
Plain-English Summary
This section addresses one specific, named scenario rather than a general category. Golden State Energy is a public entity defined by Public Utilities Code § 222.5, created to take over Pacific Gas and Electric Company's electric and gas service under specified circumstances. If Golden State Energy commences an eminent domain action against Pacific Gas and Electric Company property, reaching not just physical assets but franchise rights and stock as well, under the authority of Public Utilities Code § 713, § 1240.655 declares that acquisition to be for a more necessary public use under § 1240.610.
That declaration removes the case-by-case litigation § 1240.610 would otherwise require over whether the new use is more necessary than PG&E's existing use. The statute settles that question in advance for this specific acquisition.
Golden State Energy retains some flexibility in scope: it may exclude from the acquisition any property not directly related to providing electrical or gas service, so the taking doesn't have to sweep in unrelated corporate assets. The definitions in subdivision (b) reach not just Pacific Gas and Electric Company itself but its corporate parent, subsidiaries, and affiliates holding electric or gas assets within its service territory, along with any successor entities.
Frequently Asked Questions
What does § 1240.655 do?
It declares that if Golden State Energy exercises eminent domain to acquire Pacific Gas and Electric Company property under Public Utilities Code § 713, that acquisition is for a more necessary public use under § 1240.610.
Does Golden State Energy have to take every PG&E asset in an acquisition under this section?
No. It may exclude property not directly related to providing electrical or gas service.
Does this section cover PG&E's corporate affiliates and successors?
Yes, the definitions in subdivision (b) extend to PG&E Corporation, subsidiaries and affiliates holding related assets within PG&E's service territory, and any successor entities.
Does this section include stock and franchise rights, or only physical property?
It reaches franchise rights and stock in addition to physical property, as referenced in Public Utilities Code § 713.
Amendment History
Added by Stats 2020 ch 27 (SB 350),s 3, eff. 1/1/2021.