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§ 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

In one sentenceSection 1240.655 declares that when Golden State Energy files an eminent domain action to acquire Pacific Gas and Electric Company property, including franchise rights and stock, under Public Utilities Code § 713, that acquisition automatically counts as a more necessary public use under § 1240.610, though Golden State Energy may leave out property unrelated to electric or gas service.

Full Text of § 1240.655

Text sizeJump to: (a) (b)

(a) If Golden State Energy commences an eminent domain action to acquire Pacific Gas and Electric Company property, including any franchise rights and stock, pursuant to Section 713 of the Public Utilities Code, that acquisition is for a more necessary public use pursuant to Section 1240.610. Golden State Energy may exclude from the acquisition only property not directly related to providing electrical or gas service.
(b) For purposes of this section, the following definitions apply:
(1) "Golden State Energy" has the same meaning as defined in Section 222.5 of the Public Utilities Code.
(2) "Pacific Gas and Electric Company" means Pacific Gas and Electric Company, PG&E Corporation, any subsidiary or affiliate of the foregoing holding any assets related to the provision of electrical or gas service within Pacific Gas and Electric Company's service territory, and any successor to any of the foregoing.

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.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: golden state energy pg&e eminent domain californiapublic utilities code 713 condemnation pge