Government Code — Part 59 | GOV — United States — California law | Esheria

Government Code

Part 59 of 107 · provisions 11,601–11,800

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 50798.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 3.5. Revenue Bonds for Public Improvements [50701 - 50798.4] ( Chapter 3.5 added by Stats. 1957, Ch. 2066. ) ## ARTICLE 8. Definition and General Provisions [50798 - 50798.4] ( Article 8 added by Stats. 1957, Ch. 2066. )

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    This chapter must be interpreted broadly to support its purposes, finance needed public improvements with revenue bonds, and protect bondholders.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 3.5. Revenue Bonds for Public Improvements [50701 - 50798.4] ( Chapter 3.5 added by Stats. 1957, Ch. 2066. ) ## ARTICLE 8. Definition and General Provisions [50798 - 50798.4] ( Article 8 added by Stats. 1957, Ch. 2066. ) ## 50798. This chapter shall be liberally construed to carry out its objects and purposes and to finance the construction of needed public improvements through the medium of revenue bonds and to protect the holders of such bonds. (Added by Stats. 1957, Ch. 2066.)
  2. 50798.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 3.5. Revenue Bonds for Public Improvements [50701 - 50798.4] ( Chapter 3.5 added by Stats. 1957, Ch. 2066. ) ## ARTICLE 8. Definition and General Provisions [50798 - 50798.4] ( Article 8 added by Stats. 1957, Ch. 2066. )

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    In this chapter, “bonds” means written evidence of an obligation the board incurs and pays from revenues to fund the chapter’s purposes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 3.5. Revenue Bonds for Public Improvements [50701 - 50798.4] ( Chapter 3.5 added by Stats. 1957, Ch. 2066. ) ## ARTICLE 8. Definition and General Provisions [50798 - 50798.4] ( Article 8 added by Stats. 1957, Ch. 2066. ) ## 50798.1. “Bonds” as used in this chapter means the written evidence of any obligation incurred by the board payable out of revenues as provided in this chapter in order to secure funds with which to carry out the purposes of this chapter irrespective of the form of such obligation whether in the form of bonds, notes, debentures, interest bearing certificates or other forms prescribed by the board. (Added by Stats. 1957, Ch. 2066.)
  3. 50798.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 3.5. Revenue Bonds for Public Improvements [50701 - 50798.4] ( Chapter 3.5 added by Stats. 1957, Ch. 2066. ) ## ARTICLE 8. Definition and General Provisions [50798 - 50798.4] ( Article 8 added by Stats. 1957, Ch. 2066. )

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    This section defines “Revenue” for this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 3.5. Revenue Bonds for Public Improvements [50701 - 50798.4] ( Chapter 3.5 added by Stats. 1957, Ch. 2066. ) ## ARTICLE 8. Definition and General Provisions [50798 - 50798.4] ( Article 8 added by Stats. 1957, Ch. 2066. ) ## 50798.2. “Revenue” as used in this chapter shall mean all fees, rates, charges, rentals or other income and revenue actually received or receivable by or for the account of the board from the operation of any particular project including without limiting the generality of the foregoing interest allowed on any moneys or securities and any proceeds derived from the sale of any securities and any consideration in any way derived from the particular project owned, operated or maintained by the board. (Added by Stats. 1957, Ch. 2066.)
  4. 50798.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 3.5. Revenue Bonds for Public Improvements [50701 - 50798.4] ( Chapter 3.5 added by Stats. 1957, Ch. 2066. ) ## ARTICLE 8. Definition and General Provisions [50798 - 50798.4] ( Article 8 added by Stats. 1957, Ch. 2066. )

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    In this chapter, “Board” means the county board of supervisors, or the city council/board of trustees for a city.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 3.5. Revenue Bonds for Public Improvements [50701 - 50798.4] ( Chapter 3.5 added by Stats. 1957, Ch. 2066. ) ## ARTICLE 8. Definition and General Provisions [50798 - 50798.4] ( Article 8 added by Stats. 1957, Ch. 2066. ) ## 50798.3. “Board” as used in this chapter means the board of supervisors in the case of a county or city and county, and city council or board of trustees in the case of a city. (Added by Stats. 1957, Ch. 2066.)
  5. 50798.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 3.5. Revenue Bonds for Public Improvements [50701 - 50798.4] ( Chapter 3.5 added by Stats. 1957, Ch. 2066. ) ## ARTICLE 8. Definition and General Provisions [50798 - 50798.4] ( Article 8 added by Stats. 1957, Ch. 2066. )

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    The board must submit the revenue-bond financing question to local electors before the chapter becomes operative, may proceed if a majority votes in favor, and may not resubmit for at least six months after a majority against vote.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 3.5. Revenue Bonds for Public Improvements [50701 - 50798.4] ( Chapter 3.5 added by Stats. 1957, Ch. 2066. ) ## ARTICLE 8. Definition and General Provisions [50798 - 50798.4] ( Article 8 added by Stats. 1957, Ch. 2066. ) ## 50798.4. This chapter shall not be operative in any local agency until the board, either at a general or a special election, shall submit to the electors of the local agency the question as to whether the board shall be authorized to adopt the revenue-bond method of financing for the improvements referred to in this chapter. If a majority of the electors voting upon the question vote in favor of the revenue-bond method of financing the said improvements, the board may proceed to undertake and finance the improvements as provided for herein. If a majority of the electors voting upon the question vote against the revenue-bond method of financing the said improvements, the board shall not again submit the question to the electors until a period of at least six months has elapsed since the date of the last election at which the question was submitted. (Added by Stats. 1957, Ch. 2066.)
  6. 508.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

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    The distance from the county seat of Contra Costa County to Sacramento is 62 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 508. From the county seat of Contra Costa County to Sacramento it is sixty-two (62) miles. (Enacted by Stats. 1943, Ch. 134.)
  7. 50800.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. )

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    These general provisions and definitions control how this chapter is interpreted, unless the context requires otherwise.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 50800. Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter. (Added by Stats. 1949, Ch. 81.)
  8. 50801.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. )

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    “Board” means either the Board of Firemen’s Pension Fund Commissioners or the Board of Police Pension Fund Commissioners.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 50801. “Board” means Board of Firemen’s Pension Fund Commissioners or Board of Police Pension Fund Commissioners. (Added by Stats. 1949, Ch. 81.)
  9. 50802.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. )

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    “Fund” means either the Police Relief and Pension Fund or the Firemen’s Relief and Pension Fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 50802. “Fund” means the Police Relief and Pension Fund or the Firemen’s Relief and Pension Fund. (Added by Stats. 1949, Ch. 81.)
  10. 50803.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. )

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    This section defines “Department” as a regularly constituted fire department or police department.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 50803. “Department” means regularly constituted fire department or regularly constituted police department. (Added by Stats. 1949, Ch. 81.)
  11. 50804.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. )

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    “Member” means a person who has been appointed or selected and sworn as a member of a regularly constituted police department, if the local agency has established a police relief and pension fund under this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 50804. “Member” means a person duly appointed or selected and sworn as a member of the regularly constituted police department if the local agency has established a police relief and pension fund pursuant to this chapter. (Added by Stats. 1949, Ch. 81.)
  12. 50805.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. )

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    “Member” includes a person appointed or selected and sworn into a regularly constituted fire department, if the local agency has established a firemen’s relief and pension fund under this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 50805. “Member” also means any person duly appointed or selected and sworn as a member of the regularly constituted fire department if the local agency has established a firemen’s relief and pension fund pursuant to this chapter. (Added by Stats. 1949, Ch. 81.)
  13. 50806.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. )

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    A local agency with a police or fire department may create a relief and pension fund for either department or for both. If it creates one for both, it must keep the police and fire funds separate.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 50806. Every local agency in which there is a police department or a fire department may establish a relief and pension fund for either department or for both departments. If a fund is established for both departments, there shall be two separate funds, one for each department. The fund established for the police department shall be known as the police relief and pension fund. The fund established for the fire department shall be known as the firemen’s relief and pension fund. (Added by Stats. 1949, Ch. 81.)
  14. 50807.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. )

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    A fund for police officers’ or firemen’s relief, pensioning, insurance, or death benefits is merged into and becomes part of the fund created for that purpose under this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 1. General Provisions [50800 - 50807] ( Article 1 added by Stats. 1949, Ch. 81. ) ## 50807. Any fund, for the relief or pensioning of police officers or firemen, their life or health insurance, or the payment of a sum of money on their death, is merged with and constitutes a part of the fund created for that purpose pursuant to this chapter. (Added by Stats. 1949, Ch. 81.)
  15. 50830.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

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    Each fund’s board is made up of the department’s board of commissioners, or, if there is no board of commissioners, the specified local officials serve as the board.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50830. The board for each fund consists of the board of commissioners for the department. If there is no board of commissioners, the chairman of the legislative body of the local agency, the treasurer of the local agency, and the chief of the department constitute the board. (Added by Stats. 1949, Ch. 81.)
  16. 50831.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

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    The board administers the fund and must order payments from it under this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50831. The board has charge of and administers the fund and shall order payments from it pursuant to this chapter. (Added by Stats. 1949, Ch. 81.)
  17. 50832.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The board must organize by choosing one of its members as chairman and appointing a secretary.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50832. The board shall organize by choosing one of its number as chairman and by appointing a secretary. (Added by Stats. 1949, Ch. 81.)
  18. 50833.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The local agency treasurer also serves as treasurer of the fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50833. The treasurer of the local agency is ex officio treasurer of the fund. (Added by Stats. 1949, Ch. 81.)
  19. 50834.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The board must meet on the first Mondays of April, July, October, and January, and whenever its president calls a meeting.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50834. The board shall meet on the first Mondays of April, July, October, and January, and upon the call of its president. (Added by Stats. 1949, Ch. 81.)
  20. 50835.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The board must choose a president and a secretary from among its own members every two years.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50835. The board shall biennially select from its members a president and secretary. (Added by Stats. 1949, Ch. 81.)
  21. 50836.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A majority of the board’s members makes a quorum, and that quorum may conduct business.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50836. A majority of the members of the board constitutes a quorum and may transact business. (Added by Stats. 1949, Ch. 81.)
  22. 50837.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The board must make an annual report in June to the local agency’s legislative body.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50837. The board shall make an annual report in June to the legislative body of the local agency. The report shall state: (a) The condition of the fund. (b) The receipts and disbursements on account of the fund. (c) A list of the beneficiaries of the fund and the amounts paid them. (Added by Stats. 1949, Ch. 81.)
  23. 50838.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The board may require witnesses to attend and testify on matters concerning the chapter’s system, and the board president or a board member may administer oaths to witnesses.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50838. The board may compel witnesses to attend and testify before it upon matters concerning the system established by this chapter. Such testimony shall be taken in the same manner as testimony is taken before notaries public. The president or a member of the board may administer oaths to witnesses. (Added by Stats. 1949, Ch. 81.)
  24. 50839.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The board may appoint a secretary and pay its necessary expenses, including secretary hire and printing, from the fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50839. The board may appoint a secretary and provide for the payment of its necessary expenses, including secretary hire and printing, from the fund. (Added by Stats. 1949, Ch. 81.)
  25. 50840.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The board may make regulations to guide its work under this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50840. The board may make regulations for its guidance pursuant to this chapter. (Added by Stats. 1949, Ch. 81.)
  26. 50841.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The board must issue warrants to entitled persons for money ordered paid from the fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50841. The board shall issue warrants to persons entitled for the amount of money ordered paid them from the fund by the board. The warrant shall be signed by the president and secretary and shall state the purpose of the payment. (Added by Stats. 1949, Ch. 81.)
  27. 50842.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The board must keep a record of all its proceedings.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50842. The board shall keep a record of all its proceedings. (Amended by Stats. 1969, Ch. 371.)
  28. 50843.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    At each quarterly meeting, the board must send a payment list to the treasurer and auditor, and the list must be certified and signed by the board’s president and secretary.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50843. At each quarterly meeting, the board shall send to the treasurer and the auditor of the local agency a list of persons entitled to payment from the fund and the amount and purpose of the payments. The list shall be certified and signed by the president and secretary of the board and attested under oath. (Added by Stats. 1949, Ch. 81.)
  29. 50844.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The auditor must copy the list into a dedicated pension fund book and transmit the list to the local agency’s legislative body, which must order payment of the listed amounts from the fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50844. The auditor shall copy the list in a book kept for that purpose which shall be known as the police relief and pension fund book or the firemen’s relief and pension fund book. The auditor shall transmit the list to the legislative body of the local agency. It shall order the payment of the amounts in the list out of the fund. (Added by Stats. 1949, Ch. 81.)
  30. 50845.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    Payments under this chapter must be made quarterly from the police relief and pension fund and monthly from the firemen’s relief and pension fund, upon proper vouchers.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50845. Upon proper vouchers, payments pursuant to this chapter shall be made quarterly from the police relief and pension fund and monthly from the firemen’s relief and pension fund. (Added by Stats. 1949, Ch. 81.)
  31. 50846.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    Board members may not be paid any compensation or emolument for duties performed under this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 2. Organization, Powers, and Duties of the Board [50830 - 50846] ( Article 2 added by Stats. 1949, Ch. 81. ) ## 50846. No compensation emolument shall be paid to any member of the board for any duty performed pursuant to this chapter. (Added by Stats. 1949, Ch. 81.)
  32. 50870.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The board may retire a fire department member who is at least 60 and has 20 or more years of service, and the member is then entitled to a lifetime pension from the fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50870. When a member has attained age 60 and has served in the fire department for twenty years, or more, in the aggregate, the board may order him retired from further service. From the date of the order the service of the member in the fire department ceases and, during his lifetime, he shall be paid from the fund an annual pension equal to one-half of the annual salary attached to the rank he held for one year next preceding retirement. (Added by Stats. 1949, Ch. 81.)
  33. 50871.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A police department member may retire, and the board must order retirement when the member applies. After the order, service ends and the member is paid a lifetime pension under the stated age-and-service schedule.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50871. A member of the police department may retire for service pursuant to this section. Upon receipt of a member’s application for retirement, the board shall order him retired from further service. From the date of the order the service of the member in the police department ceases and during his lifetime he shall be paid from the fund an annual pension based upon the following schedule: (a) If he has attained age 60 and served in the police department for twenty years, or more, in the aggregate, his annual pension shall be one-half of the annual salary attached to the rank he held for one year next preceding retirement. (b) If he has attained age 60 and has served in the police department for thirty years, or more, in the aggregate, his annual pension shall be two-thirds of the annual salary attached to the rank he held for one year next preceding retirement. (c) If he has attained age 55 and has served in the police department for twenty-five or more consecutive years, his annual pension shall be one-half of the annual salary attached to the rank he held for one year next preceding retirement. (Added by Stats. 1949, Ch. 81.)
  34. 50871.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A local agency’s governing body may, by resolution, give eligible members comparable retirement benefits instead of the chapter’s benefits if all those members agree in writing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50871.5. Notwithstanding any other provision of this chapter, if all members defined by Section 50804 or Section 50805 or both Sections 50804 and 50805 agree in writing thereto, the governing body of a local agency may, by resolution, provide to those members, in lieu of the benefits provided under this chapter, retirement benefits which are comparable to those provided by the Public Employees’ Retirement Law to local safety members. The change in benefits authorized by this section shall not be construed as a violation of Section 50882 or 50883. (Added by Stats. 1987, Ch. 1024, Sec. 1.)
  35. 50872.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The board may retire a member who is physically disabled from a duty-related injury and pay a lifetime pension equal to half of the salary for the rank held at retirement.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50872. Upon the written request of a member who becomes physically disabled by reason of bodily injury received in the performance of his duty, the board may retire him and order that he be paid from the fund, during his lifetime, an annual pension equal to one-half of the annual salary attached to the rank he held at the date of retirement. If the board deems it for the good of the department, it may take such action without request by the member. (Added by Stats. 1949, Ch. 81.)
  36. 50873.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    If a disabled member dies, the member’s heirs or assigns cannot claim against the fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50873. On the death of a disabled member, his heirs or assigns have no claim against the fund. (Added by Stats. 1949, Ch. 81.)
  37. 50874.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    If the disability stops, the pension ends and the member must be restored to active service at the same salary as at retirement.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50874. If the disability ceases, the pension ceases and the member shall be restored to active service at the same salary he received at retirement. (Added by Stats. 1949, Ch. 81.)
  38. 50875.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A member cannot be retired for disability or receive fund benefits unless disability certificates are filed with the board.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50875. A member shall not be retired for disability or receive any benefit from the fund unless certificates of his disability are filed with the board. The certificates shall be subscribed and sworn to by the member, the physician of the local agency if there is one, and two regularly licensed physicians practicing in the local agency. The board may require other evidence of disability before ordering the retirement and pension. (Added by Stats. 1949, Ch. 81.)
  39. 50876.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The board may at any time call before it a member retired for disability and require an examination of fitness for duty.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50876. The board may at any time summon before it a member retired for disability and require examination of his fitness for duty. (Added by Stats. 1949, Ch. 81.)
  40. 50877.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A retired member under this chapter must report to the chief of the department on the first Mondays of April, July, October, and January each year.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50877. A member retired pursuant to this chapter shall report to the chief of the department from which he was retired on the first Mondays of April, July, October, and January of each year. (Added by Stats. 1949, Ch. 81.)
  41. 50878.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    During a great public emergency, the department chief may assign retired members to duty. Those retired members have no claim for payment from the local agency for that duty.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50878. During great public emergency the chief of the department may assign members retired from that department to such duty as he directs. They have no claim against the local agency for payment for duty so performed. (Added by Stats. 1949, Ch. 81.)
  42. 50879.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    If a member dies in the performance of duty, the board must order a survivor pension for the spouse or, if there is no surviving spouse, for the children until age 16.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50879. Upon satisfactory proof that a member has lost his or her life in the performance of his or her duty, leaving a surviving spouse or children under age 16, the board shall order an annual pension of one-third the annual salary attached to the rank he or she held at his or her death paid to the spouse during his or her life. If there is no surviving spouse, the pension shall be paid to the children until they attain age 16. (Amended by Stats. 1976, Ch. 1436.)
  43. 50880.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    If a surviving spouse or child marries, that person’s pension stops.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50880. If the surviving spouse or a child marries, the pension to such person ceases. (Amended by Stats. 1976, Ch. 1436.)
  44. 50881.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    If a member dies from natural causes after 10 years of service, the fund must pay $1,000 to the surviving spouse or children, or to the parents or siblings if there is no surviving spouse or children.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50881. If a member dies from natural causes after 10 years of service, his or her surviving spouse or children, or if there are no surviving spouse or children, his or her parents or siblings, shall receive one thousand dollars ($1,000) from the fund. (Amended by Stats. 1976, Ch. 1436.)
  45. 50882.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A person who resigns or is dismissed from the department is not entitled to relief from the fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50882. A person who resigns or is dismissed from the department is not entitled to relief from the fund. (Added by Stats. 1949, Ch. 81.)
  46. 50883.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    Pension or benefit payments stop if the recipient is convicted of a felony, becomes a habitual drunkard, becomes a nonresident of California, fails to report for duty examination without board excuse, or disobeys the board’s examination or duty requirements.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 3. Pensions and Death Benefits [50870 - 50883] ( Article 3 added by Stats. 1949, Ch. 81. ) ## 50883. Upon the occurrence of any of the following events, the payment of a pension or benefit to the recipient shall cease. The recipient is: (a) Convicted of a felony. (b) Becomes a habitual drunkard. (c) Becomes a nonresident of this State. (d) Fails to report for examination for duty unless excused by the board. (e) Disobeys the requirements of the board as to the examination or duty. (Added by Stats. 1949, Ch. 81.)
  47. 509.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The distance from the county seat of Del Norte County to Sacramento is 364 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 509. From the county seat of Del Norte County to Sacramento it is three hundred and sixty-four (364) miles. (Enacted by Stats. 1943, Ch. 134.)
  48. 50910.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Contributions and Surplus [50910 - 50914] ( Article 4 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    At each annual tax levy, the local agency’s legislative body must direct 2% of prior-year police salaries to the police relief and pension fund and 2% of prior-year fire salaries to the firemen’s relief and pension fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Contributions and Surplus [50910 - 50914] ( Article 4 added by Stats. 1949, Ch. 81. ) ## 50910. At the time of each annual tax levy, the legislative body of the local agency shall direct that from the funds of the local agency an amount equal to 2 percent of the salaries paid to the policemen during the preceding year be paid into the police relief and pension fund, and an amount equal to 2 percent of the salaries paid to the firemen during the preceding year into the firemen’s relief and pension fund. (Added by Stats. 1949, Ch. 81.)
  49. 50911.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Contributions and Surplus [50910 - 50914] ( Article 4 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The legislative body must direct specified revenue into the police relief and pension fund each annual tax levy.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Contributions and Surplus [50910 - 50914] ( Article 4 added by Stats. 1949, Ch. 81. ) ## 50911. At the time of each annual tax levy, the legislative body shall direct the payment into the police relief and pension fund of the following amounts: (a) Not less than 5 nor more than 10 percent of all money received from licenses for the keeping of places where spirituous, malt, or other intoxicating liquors are sold. (b) One-half of all money received from taxes or dog licenses. (c) All money received from fines paid by the members of the police force for violation of the regulations of the department. (d) All proceeds of sales of unclaimed property. (e) Not less than one-fourth nor more than one-half of all money received from licenses from pawnbrokers, billiardhall keepers, second-hand dealers, and junk stores. (f) All money from fines for carrying concealed weapons. (g) Twenty-five percent of fines paid for violation of the ordinances of the local agency. (h) All rewards paid to members of the police force, other than those excepted by the chief of police. (Added by Stats. 1949, Ch. 81.)
  50. 50912.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Contributions and Surplus [50910 - 50914] ( Article 4 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    At each annual tax levy, the legislative body must direct certain amounts into the firemen’s relief and pension fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Contributions and Surplus [50910 - 50914] ( Article 4 added by Stats. 1949, Ch. 81. ) ## 50912. At the time of each annual tax levy, the legislative body shall direct the payment into the firemen’s relief and pension fund of the following amounts: (a) All rewards paid to members of the fire department. (b) All fines paid by members of the fire department for violations of the regulations of the department. (c) One-half of all fines collected for violations of fire precaution laws. (Added by Stats. 1949, Ch. 81.)
  51. 50913.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Contributions and Surplus [50910 - 50914] ( Article 4 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The local agency’s auditor must report to the legislative body each year on June 30, or as soon afterward as practicable.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Contributions and Surplus [50910 - 50914] ( Article 4 added by Stats. 1949, Ch. 81. ) ## 50913. On June 30th of each year, or as soon thereafter as practicable, the auditor of the local agency shall make a report to the legislative body stating: (a) The amount of money disbursed on account of the fund during the previous year. (b) The amount to the credit of the fund. (Added by Stats. 1949, Ch. 81.)
  52. 50914.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Contributions and Surplus [50910 - 50914] ( Article 4 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    If the fund has more than is needed for disbursal, the excess must be moved to the local agency’s general fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 4. Contributions and Surplus [50910 - 50914] ( Article 4 added by Stats. 1949, Ch. 81. ) ## 50914. If the amount in the fund exceeds the amount required for disbursal, the excess shall be transferred to the general fund of the local agency and no longer under the control of the board. The amount required for disbursement is deemed the average amount per year disbursed during the next preceding three years. (Added by Stats. 1949, Ch. 81.)
  53. 50920.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Extraterritorial Activities of County and City Peace Officers [50920 - 50922] ( Article 5 added by Stats. 1959, Ch. 395. )

    Verify source ↗

    This section defines “peace officer” for this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Extraterritorial Activities of County and City Peace Officers [50920 - 50922] ( Article 5 added by Stats. 1959, Ch. 395. ) ## 50920. As used in this article, the term “peace officer” means a sheriff, undersheriff, deputy sheriff, marshal, or deputy marshal of a county or city and county, or a marshal or police officer of a city or town, employed and compensated as such, whether the members are volunteer, partly paid, or fully paid, except those whose principal duties are clerical, such as stenographers, telephone operators, and other workers not engaged in law enforcement operations, or the protection or preservation of life or property, and not under suspension or otherwise lacking in good standing. (Amended by Stats. 2002, Ch. 784, Sec. 193. Effective January 1, 2003.)
  54. 50921.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Extraterritorial Activities of County and City Peace Officers [50920 - 50922] ( Article 5 added by Stats. 1959, Ch. 395. )

    Verify source ↗

    If a city, county, or city-and-county peace officer is injured, killed, or disabled in the described off-duty-direction situation, the employer must give the officer or dependents the same benefits, including workers’ compensation benefits, they would have received if the officer had been under the employer’s immediate direction.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Extraterritorial Activities of County and City Peace Officers [50920 - 50922] ( Article 5 added by Stats. 1959, Ch. 395. ) ## 50921. Whenever any peace officer of a city, county, or city and county of this state is injured, dies, or is disabled from performing his or her duties as a peace officer by reason of engaging in the apprehension or attempted apprehension of law violators or suspected law violators or protection or preservation of life or property, or the preservation of the peace anywhere in this state, including the local jurisdiction in which he or she is employed, but is not at the time acting under the immediate direction of his or her employer, he, she, or his or her dependents, as the case may be, shall be accorded by his or her employer all of the same benefits including the benefits of the Workers’ Compensation Law, which he, she, or they would have received had that peace officer been acting under the immediate direction of his or her employer. Any injury, disability, or death incurred under the circumstances described in this section shall be deemed to have arisen out of and been sustained in the course of employment for purposes of workers’ compensation and all other benefits. (Amended by Stats. 1983, Ch. 101, Sec. 70.)
  55. 50922.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Extraterritorial Activities of County and City Peace Officers [50920 - 50922] ( Article 5 added by Stats. 1959, Ch. 395. )

    Verify source ↗

    This section says the article does not require certain benefits for some peace officers and does not expand arrest authority.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 5. Extraterritorial Activities of County and City Peace Officers [50920 - 50922] ( Article 5 added by Stats. 1959, Ch. 395. ) ## 50922. Nothing in this article shall be deemed to: (a) Require the extension of any benefits to a peace officer who at the time of his injury, death, or disability is acting for compensation from one other than the city, county or city and county of his primary employment. (b) Require the extension of any benefits to a peace officer employed by a city, county, or city and county which by charter, ordinance, or departmental regulation expressly prohibits the activity giving rise to the injury, disability or death, whether now in force or hereafter enacted or promulgated. (c) Enlarge or extend the authority of any peace officer to make an arrest; provided, however, that illegality of the arrest shall not affect the extension of benefits by reason of this act if the peace officer reasonably believed that the arrest was not illegal. (Added by Stats. 1959, Ch. 395.)
  56. 50925.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Extraterritorial Activities of Firemen [50925 - 50927] ( Article 6 added by Stats. 1969, Ch. 142. )

    Verify source ↗

    This section defines “firefighter” for this article and excludes mainly clerical employees.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Extraterritorial Activities of Firemen [50925 - 50927] ( Article 6 added by Stats. 1969, Ch. 142. ) ## 50925. As used in this article the term “firefighter” shall be deemed to include only a member of a fire department of cities, counties, cities and counties, districts or other public or municipal corporations or political subdivisions, whether the members are volunteer, partly paid, or fully paid, excepting those whose principal duties are clerical, such as stenographers, telephone operators and other workers not engaged in fire-suppression or rescue operations or the protection or preservation of life or property. These firefighters shall be regularly employed, or in the case of a volunteer, shall be regularly enrolled as such. (Amended by Stats. 1984, Ch. 89, Sec. 5.)
  57. 50926.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Extraterritorial Activities of Firemen [50925 - 50927] ( Article 6 added by Stats. 1969, Ch. 142. )

    Verify source ↗

    When a covered fireman is injured, dies, or becomes disabled while responding to or engaging in certain fire suppression, rescue, or life/property protection activities, and is not under the employer’s immediate direction, the employer must provide the same workers’ compensation benefits.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Extraterritorial Activities of Firemen [50925 - 50927] ( Article 6 added by Stats. 1969, Ch. 142. ) ## 50926. Whenever any fireman of a city, county, city and county, district, or other public or municipal corporation or political subdivision is injured, dies or is disabled from performing his duties as a fireman by reason of his proceeding to or engaging in a fire suppression or rescue operation, or the protection or preservation of life or property, anywhere in this state, including the local jurisdiction in which he is employed, but is not at the time acting under the immediate direction of his employer, he or his dependents, as the case may be, shall be accorded by his employer all of the same benefits of the Workers’ Compensation Law, which he or they would have received had that fireman been acting under the immediate direction of his employer. Any injury, disability or death incurred under the circumstances described in this section shall be deemed to have arisen out of and been sustained in the course of employment for purposes of workers’ compensation and all other benefits. (Amended by Stats. 1979, Ch. 373.)
  58. 50927.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Extraterritorial Activities of Firemen [50925 - 50927] ( Article 6 added by Stats. 1969, Ch. 142. )

    Verify source ↗

    This article does not require benefits to be extended in two specified situations involving firemen and prohibited or externally compensated activities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4. Police Officers’ Pension Fund and Firemen’s Pension Fund [50800 - 50927] ( Chapter 4 added by Stats. 1949, Ch. 81. ) ## ARTICLE 6. Extraterritorial Activities of Firemen [50925 - 50927] ( Article 6 added by Stats. 1969, Ch. 142. ) ## 50927. Nothing in this article shall be deemed to: (a) Require the extension of any benefits to a fireman who at the time of his injury, death, or disability is acting for compensation from one other than the city, county, city and county, district, or other public or municipal corporation or political subdivision of his primary employment or enrollment. (b) Require the extension of any benefits to a fireman employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision which by charter, ordinance, or departmental regulation expressly prohibits the activity giving rise to the injury, disability or death, whether now in force or hereafter enacted or promulgated. (Added by Stats. 1969, Ch. 142.)
  59. 50950.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 1. General Provisions [50950 - 50952] ( Article 1 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    This section states that the volunteer firefighters award system is an incentive program and, after transfer or termination, the Public Employees’ Retirement System board must stop administering it and has no related liability.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 1. General Provisions [50950 - 50952] ( Article 1 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50950. The Legislature finds and declares all of the following: (a) The Volunteer Firefighters Length of Service Award System is not a retirement system but an incentive program for volunteer firefighters. (b) The purpose of the award system can be achieved more efficiently and at a lower cost than the current program by transferring the award system and responsibility for administering that system from the Board of Administration of the Public Employees’ Retirement System to the board of the California State Fire Employees Welfare Benefit Corporation. (c) On and after the date of the transfer or termination of the award system, the Board of Administration of the Public Employees’ Retirement System shall have no responsibility to administer the award system and shall take no action related to past, present, or future obligations of administering the system. On and after the date of the transfer or termination of the award system, the Board of Administration of the Public Employees’ Retirement System shall have no liability related to the administration of the award system. (d) Because trust fund moneys in the award system are to be used for the exclusive benefit of the participants in the award system, the Board of Administration of the Public Employees’ Retirement System shall not pay or transfer any trust fund moneys related to any claims, demands, actions, damages, judgments, costs, charges, and expenses, including, but not limited to, court costs and attorney’s fees, regarding claims arising out of or incurred as a result of the transfer of the award system. However, nothing in this chapter shall prevent the Board of Administration of the Public Employees’ Retirement System from charging and receiving administrative fees in connection with transferring the administration of the award system from the Board of Administration of the Public Employees’ Retirement System to the board of the California State Fire Employees Welfare Benefit Corporation. (e) It is the intent of the Legislature that the Board of Administration of the Public Employees’ Retirement System and the board of the California State Fire Employees Welfare Benefit Corporation work cooperatively with each other to transfer the administration of the award system and establish systems and accounts necessary to transfer participant information, assets, and liabilities regarding the award system. (f) The purpose of this chapter is to provide cities, counties, cities and counties, or districts, that have fire departments with volunteer firefighting members, the opportunity to offer these members an award for life as an incentive. Nothing contained in this chapter shall be deemed to supersede the provisions of existing state law and the charters, ordinances, and rules of local public agencies that establish and regulate the activities of these fire departments. This chapter is intended, instead, to strengthen these departments through the creation of an incentive for the volunteer to respond to emergency calls and attend official department training drills and meetings. It is the further intention of this chapter to provide a means for local communities to bestow fitting reward and recognition for long and faithful volunteer service. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  60. 50951.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 1. General Provisions [50950 - 50952] ( Article 1 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    This section creates the Volunteer Firefighters Length of Service Award System and says related awards and service credit are not to be treated as retirement benefits.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 1. General Provisions [50950 - 50952] ( Article 1 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50951. (a) This chapter establishes the Volunteer Firefighters Length of Service Award System and may be cited as the Volunteer Firefighters Length of Service Award Act. (b) Notwithstanding any other contrary law, enrollment for an award shall not be construed as a retirement, the receipt of an award shall not be construed as the receipt of a retirement allowance or benefit, and service credited under the Volunteer Firefighters Length of Service Award System shall not be construed as service credited to a retirement system for purposes of duplicating service credit or benefits in other public retirement systems. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  61. 50952.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 1. General Provisions [50950 - 50952] ( Article 1 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the Volunteer Firefighters Length of Service Award Act.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 1. General Provisions [50950 - 50952] ( Article 1 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50952. For the purposes of this chapter, unless the context otherwise requires, the definitions set forth below shall mean the following: (a) “Actuarial interest rate” means the interest rate fixed by the board for purposes of actuarial valuation of the assets and liabilities of the award system. (b) “Annual interest rate” means the interest rate fixed by the board for purposes of crediting interest. (c) “Award” means monthly payments for life derived from contributions by a department. (d) “Award recipient” means a former member who satisfied all the requirements as determined by the board to be eligible to receive an award, and is receiving an award. (e) “Award system” means the Volunteer Firefighters Length of Service Award System established by this chapter. (f) “Board” means the board of the California State Fire Employees Welfare Benefit Corporation. (g) “Certified prior service credit” means credit for service performed prior to the contract operative date as certified by a qualifications review commission. That prior service shall be credited in the award system to the extent that prior service qualifies as certified service credit pursuant to the rules and regulations established by the board. (h) “Certified service credit” means credit certified pursuant to Section 50960 for services rendered by a member. (i) “Contract operative date” means the first day of the month next following the date on which the contract becomes effective. (j) “Custodian of the fund” means a financial institution or other entity that qualifies under the laws of this state to act as a trustee of and establish a trust described in Internal Revenue Service Revenue Procedure 92-64. (k) “Department” means any of the following: (1) A regularly organized fire department of a city, county, city and county, or district having official recognition of the government of the city, county, city and county, or district in which the department is located. (2) A regularly organized fire department of an unincorporated town. (l) “Fund” means an account or trust described in Internal Revenue Service Revenue Procedure 92-64, which is maintained by the custodian of the fund. (m) “Member” means a volunteer of a department, the governing body of which has contracted with the board under this chapter, and who has been certified by a qualifications review commission as having satisfied all the requirements for membership as set established by the board. Membership, once established, continues indefinitely until the award system is terminated and the funds disbursed pursuant to 50974. (n) “Service credit” means the aggregate of certified service credit. (o) “Service year” means the period beginning July 1 and ending June 30 of the following year. (p) “Volunteer” means a person registered as a volunteer member of a regularly organized fire department as defined in subdivision (k). (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  62. 50953.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 2. Administration, Award System, and Membership [50953 - 50957] ( Article 2 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    The board must administer the award system and follow specific governance rules, including maintaining a specified plan, electing board representatives, using prudent care, and selecting a fund custodian.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 2. Administration, Award System, and Membership [50953 - 50957] ( Article 2 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50953. (a) The award system shall be administered by the board and the board shall comply with the following requirements: (1) The board shall maintain a plan as described in Section 457(e)(11) of Title 26 of the United States Code. (2) The representatives on the board shall be elected. (3) The representatives on the board shall administer the award system with the reasonable care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with the award system would use in the conduct of an enterprise of a like character and with like aims. (4) The representatives on the board shall be subject to the prudent investor standard with regard to the fund. (5) The award system shall be administered for the exclusive purpose of providing benefits to members of the award system. (6) The board shall select a custodian of the fund, as described in subdivision (j) of Section 50952. (b) Notwithstanding subdivision (a), the assets of the fund attributable to the benefit of registered volunteers of a department are subject to the claims of creditors of the department in the case of the insolvency of the department. The assets of the fund that are not attributable to the benefits of registered volunteers of an insolvent department are not subject to the claims of the creditors of the insolvent department. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  63. 50954.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 2. Administration, Award System, and Membership [50953 - 50957] ( Article 2 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    The board must adopt rules to run the award system and must check whether the system has enough participation and funds before awards are paid.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 2. Administration, Award System, and Membership [50953 - 50957] ( Article 2 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50954. (a) The board shall adopt rules and regulations to administer the award system, including, but not limited to, all of the following: (1) Eligibility requirements for a member to receive an award, including, but not limited to, minimum age and minimum years of certified service credit. (2) Eligibility requirements for a member to include certified prior service credit as certified service credit in calculating the amount of his or her award or to qualify for an award. (3) The amount of an award payable under this chapter and any cost-of-living adjustments or supplemental payments based upon that award. (4) Eligibility requirements for membership in the award system. (5) The maximum years of certified service credit a member may accrue under the award system. (6) Other rules and regulations that the board determines are appropriate to administer this chapter. (b) In addition to those powers and duties, the board shall determine if participation in the award system is adequate to ensure that sufficient funds will be available for the payment of awards on an actuarial reserve basis before any awards are paid. If the board determines that participation in the award system is inadequate to assure the financial success of the system, the board may terminate the award system pursuant to Section 50974 or may amend the award system pursuant to the rules and regulations of the board. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  64. 50955.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 2. Administration, Award System, and Membership [50953 - 50957] ( Article 2 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    The board must set interest rates, keep actuarial data, and at least every four years conduct an actuarial investigation and valuation. If data is insufficient, the board may adopt necessary assumptions with the actuary’s advice.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 2. Administration, Award System, and Membership [50953 - 50957] ( Article 2 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50955. (a) The board shall, from time to time, determine and fix the annual interest rate and actuarial interest rate. (b) The board shall keep in convenient form the data necessary for the actuarial valuation of the award system. The board shall, at least quadrennially, cause to be made an actuarial investigation into the mortality and service experience of members and persons receiving awards and an actuarial valuation of the assets and liabilities of the award system. (c) When there is insufficient data upon which to establish mortality rates or other actuarial assumptions required to evaluate the obligations of the award system, the board may adopt appropriate assumptions that, upon the advice and recommendation of the actuary, are necessary. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  65. 50956.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 2. Administration, Award System, and Membership [50953 - 50957] ( Article 2 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    The board must set and adjust tables and contributions for the award system, credit department contributions with interest, keep filed data confidential, and require volunteer members and departments to file required information and evidence.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 2. Administration, Award System, and Membership [50953 - 50957] ( Article 2 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50956. (a) On the basis of investigation and valuation, the board shall adopt the mortality, service, and other tables as it deems necessary, and shall make changes in the contributions required from contracting departments as the board considers appropriate in order to assure the actuarial soundness of this award system. (b) The board shall credit all contributions of departments in the fund with interest at the annual interest rate compounded at each June 30. (c) Data filed by a member or department with the board is confidential, and no individual record shall be divulged by an official or employee having access to that data to a person other than the member to whom the information relates or his or her authorized representative, or the department that employs the member. That information shall be used by the board for the sole purpose of carrying into effect the provisions of this chapter. (d) Each volunteer member and department shall file with the board the information and evidence as may be required by the board in administration of this award system. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  66. 50957.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 2. Administration, Award System, and Membership [50953 - 50957] ( Article 2 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    The fund custodian is under the board’s exclusive control, and the fund’s assets must be used to administer the fund and pay awards under this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 2. Administration, Award System, and Membership [50953 - 50957] ( Article 2 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50957. The custodian of the fund shall be subject to the exclusive control of the board to administer and invest the assets of the fund. The assets in the fund shall be used to pay the costs of administration and for the payment of awards under this chapter. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  67. 50958.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 3. Service Credit and Contributions [50958 - 50963] ( Article 3 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    Only members may accumulate service credit in the award system.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 3. Service Credit and Contributions [50958 - 50963] ( Article 3 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50958. Only members may accumulate service credit in the award system. A volunteer becomes a member when he or she satisfies the minimum requirements for membership, as established by the board, and the minimum service requirements as certified by a qualifications review commission. Membership shall terminate on the day prior to the effective date of an award pursuant to Section 50962. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  68. 50959.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 3. Service Credit and Contributions [50958 - 50963] ( Article 3 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    Contracting departments must make annual contributions to fund the award system, and members are not required to contribute.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 3. Service Credit and Contributions [50958 - 50963] ( Article 3 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50959. (a) The award system shall be funded by contributions paid by contracting departments and income from the fund. The award system is a noncontributory system, and no contributions shall be required from members of the award system. (b) As determined by actuarial valuation reported to the contracting department by the award system, each contracting department shall make contributions annually, not later than October 1 of each year, sufficient to meet the prescribed amount with respect to volunteers of the contracting department, in accordance with the conditions provided in its contract under the award system. (c) Contributions of all contracting departments shall be applied by the board during each fiscal year to meet the obligations of all departments collectively, pursuant to the following order: (1) In an amount equal to the liabilities accruing on account of awards payable on account of current service. (2) The balance of contributions on any other liability incurred under this chapter. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  69. 50960.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 3. Service Credit and Contributions [50958 - 50963] ( Article 3 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    Volunteer firefighters get service credit only if they are certified as having completed a satisfactory service year, and contracting departments must keep records supporting that credit.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 3. Service Credit and Contributions [50958 - 50963] ( Article 3 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50960. (a) Only those volunteers who have been certified by their contracting department as having satisfactorily completed a service year shall be credited with current service for that year. A member is not required to qualify in consecutive years. (b) Members of departments contracting on or after the effective date of this chapter may initially be credited with a full service year if the board authorizes credit for that service and the member and his or her department satisfy the other requirements established by the board, including, but not limited to, certification by the department’s qualifications review commission. (c) A satisfactory service year credit shall be determined by a member’s active participation in all of the following fire department activities. (1) Training drills. (2) Responses to emergency calls. (3) Attendance at official department and association meetings. (d) Contracting departments shall maintain adequate records to show that a credited member was a participating member of the department during the year of certification. The records may include, but are not limited to, the following: (1) Department run logs. (2) Department training records. (3) Certificates of training. (4) Records of exposures to hazardous products. (5) Minutes of departmental or association meetings. (Added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  70. 50961.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 3. Service Credit and Contributions [50958 - 50963] ( Article 3 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    Each contracting department must have a qualifications review commission, and that commission must review members yearly, certify qualified volunteers by October 1, and handle prior-service-credit guidelines and certifications.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 3. Service Credit and Contributions [50958 - 50963] ( Article 3 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50961. (a) The governing body of each contracting department shall establish a qualifications review commission that shall include the fire chief, one member of the governing body appointed by the governing body, and one volunteer elected by the volunteers employed by the contracting department. (b) The qualifications review commission shall review the list of department members each year, and prior to October 1 of each year shall certify to the board those volunteers who have qualified. (c) In no event shall a member be credited with more than the maximum number of years of service allowed in the award system, as established by the rules and regulations of the board. (d) With respect to each contracting department that provides benefits for prior service credit, the qualifications review commission shall promulgate and publish guidelines for computing prior service credit. The guidelines shall require the prior service credit to be verified and certified and, in the event that there are no records in existence, the members of the commission and the volunteer shall sign an affidavit certifying that the prior service met the criteria prescribed in Section 50960. The affidavit shall be signed under penalty of perjury. Thereafter, the qualifications review commission shall certify to the board certified prior service credit that has been earned by each member. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  71. 50962.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 3. Service Credit and Contributions [50958 - 50963] ( Article 3 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    When the board receives a member’s award application, it must grant the award under the board’s terms, conditions, and eligibility requirements.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 3. Service Credit and Contributions [50958 - 50963] ( Article 3 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50962. When the member’s application for an award is received by the board, an award shall be granted to accrue and become effective pursuant to the terms, conditions, and eligibility requirements established by the board. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  72. 50963.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 3. Service Credit and Contributions [50958 - 50963] ( Article 3 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    The board must set the terms, conditions, and eligibility rules for awards and related benefits under this section.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 3. Service Credit and Contributions [50958 - 50963] ( Article 3 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50963. The board shall determine the terms, conditions, and eligibility requirements for all of the following: (a) The amount of an award payable under the award system. (b) If a member is entitled to a cost-of-living adjustment and the amount of that cost-of-living adjustment. (c) If a member is entitled to receive an award and the amounts of supplemental payments based upon that award. (d) Any death benefits payable to a member’s designated beneficiary or the estate of the member. (e) All other benefits authorized by the board under this chapter. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  73. 50972.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 5. Termination and Limitations [50972 - 50974] ( Article 5 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    A contracting department’s governing body may terminate the contract by resolution or any other lawful method.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 5. Termination and Limitations [50972 - 50974] ( Article 5 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50972. The contract may be terminated by the governing body of a contracting department by resolution or by any other means permitted by law. All liability of the department with respect to its volunteer members of the award system shall cease. All moneys deposited in the fund shall be held for the continued payment of previously granted awards and the costs of administration. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  74. 50973.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 5. Termination and Limitations [50972 - 50974] ( Article 5 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    The board may delay an award’s payment or accrual until it finds, by resolution, that the fund has enough net assets on an actuarial reserve basis.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 5. Termination and Limitations [50972 - 50974] ( Article 5 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50973. The board may provide that an award under this chapter shall not be payable, or begin to accrue, until the board establishes, by appropriate resolution, that the fund contains sufficient net assets to make the payments provided by this chapter based upon an actuarial reserve basis. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  75. 50974.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 5. Termination and Limitations [50972 - 50974] ( Article 5 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    If the award system ends, the board must keep enough money to pay prior awards and reasonable administrative expenses, then refund the remaining department contributions under the stated deductions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 5. Termination and Limitations [50972 - 50974] ( Article 5 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50974. Upon termination of the award system, assets in the fund shall be disbursed in the following order: (a) An amount sufficient to pay awards previously granted shall be retained by the board. (b) An amount sufficient to pay reasonable administrative expenses shall be retained by the board. (c) From any balance in the fund after the above amounts have been retained or disbursed, each department’s accumulated contributions, less a proportionate share of the amount retained for reasonable administrative expenses, less the amount retained to pay awards of that department’s volunteers, shall be refunded to the department. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  76. 50975.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 6. Indemnity [50975 - 50976] ( Article 6 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    The General Fund must indemnify specified retirement-system and state personnel for covered claims and expenses tied to the award system transfer.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 6. Indemnity [50975 - 50976] ( Article 6 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50975. The Public Employees’ Retirement System, as a public entity, and the present, future, and former board members of the Public Employees’ Retirement System, jointly and individually, and state officers and employees, shall be indemnified from the General Fund as described in Section 16641.5 for all claims, demands, suits, actions, damages, judgments, costs, charges, and expenses as a result of the transfer of the award system from the Board of Administration of the Public Employees’ Retirement System to the board of the California State Fire Employees Welfare Benefit Corporation. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  77. 50976.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 6. Indemnity [50975 - 50976] ( Article 6 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    PERS’s Board of Administration is not liable for the fire employees welfare benefit corporation’s actions, and the corporation’s board assumes award-system responsibilities and liabilities when the award system is transferred.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 6. Indemnity [50975 - 50976] ( Article 6 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50976. (a) The Board of Administration of the Public Employees’ Retirement System shall not be liable for any action or failure to act by the board of the California State Fire Employees Welfare Benefit Corporation. Upon transfer of the award system, the board of the California State Fire Employees Welfare Benefit Corporation shall assume all responsibilities and liabilities related to the award system. (b) As of the date of the transfer or termination of the award system, the Board of Administration of the Public Employees’ Retirement System shall have no liability or responsibility for the administration of the award system. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  78. 50977.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 7. Termination of the Award System by the Public Employees’ Retirement System [50977 - 50979] ( Article 7 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    If the award system transfer is not completed by March 1, 2008, the retirement board must terminate the system and distribute its assets in a set priority order.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 7. Termination of the Award System by the Public Employees’ Retirement System [50977 - 50979] ( Article 7 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50977. If the transfer of the Volunteer Firefighters Length of Service Award System from the Board of Administration of the Public Employees’ Retirement System to the board of the California State Fire Employees Welfare Benefit Corporation is not completed on or before March 1, 2008, the Board of Administration of the Public Employees’ Retirement System shall terminate the award system and disburse the assets in the award system in the following order of priority: (a) An amount sufficient to pay reasonable administrative expenses shall be retained by the Board of Administration of the Public Employees’ Retirement System. (b) (1) Except as described in paragraph (2), an amount sufficient to pay current award recipients or members and former members who have satisfied, on or before March 1, 2008, all the requirements to be eligible to receive an award, a one-time lump-sum payment in an amount equal to the actuarial present value of the monthly benefit paid to an award recipient. This amount to be paid shall be in lieu of an ongoing monthly benefit previously provided by the Board of Administration of the Public Employees’ Retirement System pursuant to Chapter 4.5 (commencing with Section 50950) of Part 1 of Division 1 of Title 5, as added by Chapter 1145 of the Statutes of 1979, and as that chapter read on December 31, 2007. (2) If the award system does not contain assets sufficient to pay the amounts described in paragraph (1), the current award recipients or members and former members shall be paid a pro rata share of the remaining award system assets. The pro rata share for a current award recipient, member, or former member described in paragraph (1) shall be calculated as a ratio of the amount calculated for an individual payment under paragraph (1) as that amount bears to the total of all payments under paragraph (1). (c) (1) Except as described in paragraph (2), if a member has earned service credit necessary to receive a service award but the member has not attained 60 years of age on or before March 1, 2008, he or she shall be paid a one-time lump-sum payment in an amount equal to the actuarial present value of the monthly benefit that would have been paid to an award recipient at 60 years of age. This amount to be paid shall be in lieu of an ongoing monthly benefit previously provided by the Board of Administration of the Public Employees’ Retirement System pursuant to Chapter 4.5 (commencing with Section 50950) of Part 1 of Division 1 of Title 5, as added by Chapter 1145 of the Statutes of 1979, and as that chapter read on December 31, 2007. (2) If the award system does not contain assets sufficient to pay the amounts described in paragraph (1), a member described in paragraph (1) shall be paid a pro rata share of the remaining award system assets. The pro rata share for that member shall be calculated as a ratio of the amount calculated for an individual payment under paragraph (1) as that amount bears to the total of all payments under paragraph (1). (d) From any balance of the assets after the amounts described in subdivisions (a) to (c), inclusive, each department shall receive a pro rata share of the remaining award system assets. The pro rata share for each department shall be calculated as a ratio of the accumulated contributions of that department, less the distributions made to pay the awards of that department’s volunteers as described in this section, as that amount bears to the total of all payments under this subdivision. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  79. 50978.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 7. Termination of the Award System by the Public Employees’ Retirement System [50977 - 50979] ( Article 7 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    The award system transfer is treated as complete when the retirement system board transfers the award system assets to the California State Fire Employees Welfare Benefit Corporation board.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 7. Termination of the Award System by the Public Employees’ Retirement System [50977 - 50979] ( Article 7 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50978. For purposes of this chapter, if the Board of Administration of the Public Employees’ Retirement System transfers the data and files that are necessary to effect the transfer of and relate to members and beneficiaries who participate in the award system to the board of the California State Fire Employees Welfare Benefit Corporation, the transfer of the award system shall be deemed complete on the date that the Board of Administration of the Public Employees’ Retirement System transfers the assets of the award system to the board of the California State Fire Employees Welfare Benefit Corporation. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Operative March 1, 2008, by Section 50979.)
  80. 50979.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 7. Termination of the Award System by the Public Employees’ Retirement System [50977 - 50979] ( Article 7 added by Stats. 2007, Ch. 651, Sec. 2. )

    Verify source ↗

    This chapter becomes operative on March 1, 2008.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.5. Volunteer Firefighters Length of Service Award Act [50950 - 50979] ( Chapter 4.5 repealed (in Sec. 3) and added by Stats. 2007, Ch. 651, Sec. 2. ) ## ARTICLE 7. Termination of the Award System by the Public Employees’ Retirement System [50977 - 50979] ( Article 7 added by Stats. 2007, Ch. 651, Sec. 2. ) ## 50979. This chapter shall become operative on March 1, 2008. (Repealed and added by Stats. 2007, Ch. 651, Sec. 2. Effective January 1, 2008. Note: This section delays the initial operation of Chapter 4.5, as added by Ch. 651, commencing with Section 50950.)
  81. 50990.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. )

    Verify source ↗

    This chapter is named the “Short-Term Rental Facilitator Act of 2025,” and it applies only to a local agency that passes an ordinance making the chapter applicable within its jurisdictional boundaries.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. ) ## 50990. (a) This chapter shall be known, and may be cited, as the “Short-Term Rental Facilitator Act of 2025.” (b) This chapter shall only apply to a local agency that adopts an ordinance that makes the provisions of this chapter applicable within its jurisdictional boundaries. (Added by Stats. 2025, Ch. 751, Sec. 2. (SB 346) Effective January 1, 2026.)
  82. 50991.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. )

    Verify source ↗

    This section defines key terms for the Short-Term Rental Facilitator Act of 2025.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. ) ## 50991. All of the following definitions shall apply for purposes of this chapter: (a) “Hotel” means a commercially operated hotel, motel, bed and breakfast inn, or similar transient lodging establishment, when all or part of the transient occupancy is or would be subject to tax under Section 7280 of the Revenue and Taxation Code. For purposes of this chapter, a “hotel” shall not include a short-term rental facilitator as defined in subdivision (g). (b) “Local agency” means a city, county, or city and county. (c) “Marketplace” means a physical or electronic place, including, but not limited to, a store, booth, internet website, catalog, television or radio broadcast, or a dedicated sales software application, where a marketplace seller facilitates the occupancy of a short-term rental for delivery in this state regardless of whether the short-term rental, marketplace seller, or marketplace has a physical presence in this state. (d) “Ordinance” refers to an ordinance of a local agency imposing a transient occupancy tax. (e) “Purchaser” means a person who is required to pay the transient occupancy tax and who uses a short-term rental facilitator to facilitate the occupation of a short-term rental within the jurisdiction of the local agency imposing the transient occupancy tax. (f) “Short-term rental” means the occupancy of a home, house, a room in a home or house, a campsite, or other lodging that is not a hotel in this state for a period of 30 consecutive days or less and under any other circumstances specified by the local agency in its ordinance that is facilitated by a short-term rental facilitator. (g) “Short-term rental facilitator” means a person or entity that facilitates for consideration, regardless of whether it is deducted as fees from the transaction, the occupancy of a short-term rental that is not owned by the person facilitating the rental, through a marketplace operated by the person or a related person or entity, and that does both of the following: (1) Directly or indirectly, through one or more related persons, engages in any of the following: (A) Transmits or otherwise communicates the offer or acceptance between the purchaser and the operator. (B) Owns or operates the infrastructure, electronic or physical, or technology that brings purchasers and operators together. (C) Provides a virtual currency that purchasers are allowed or required to use to facilitate the occupancy of a short-term rental from the operator. (D) Software development or research and development activities related to any of the activities described in paragraph (2), if such activities are directly related to facilitating short-term rentals. (2) Directly or indirectly, through one or more related persons, engages in any of the following activities with respect to facilitating short-term rentals: (A) Payment processing services. (B) Listing homes, houses, or rooms in homes or houses, campsites, or other lodgings that are not a hotel or motel, and that are not owned by that person or a related person, for rental on a short-term basis. (C) Setting prices. (D) Branding short-term rentals as those of the short-term rental facilitator. (E) Taking orders or reservations. (h) “Transient Occupancy Tax” means a tax imposed by a local agency on the privilege of occupying a short-term rental as specified and defined by the local agency in its ordinance. (Added by Stats. 2025, Ch. 751, Sec. 2. (SB 346) Effective January 1, 2026.)
  83. 50992.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. )

    Verify source ↗

    This section defines when one person is treated as related to another person for this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. ) ## 50992. For purposes of this chapter, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code, as that section was amended by Public Law 114-113, and the regulations thereunder. (Added by Stats. 2025, Ch. 751, Sec. 2. (SB 346) Effective January 1, 2026.)
  84. 50993.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. )

    Verify source ↗

    A short-term rental facilitator must report address information to a local agency when requested, and the agency may ask for more identifying details if needed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. ) ## 50993. (a) Upon request by the local agency, each short-term rental facilitator shall report, in the form and manner prescribed by the local agency, the physical address, including nine-digit ZIP Code, of each short-term rental during the reporting period. (b) If the information provided by the short-term rental facilitator pursuant to subdivision (a) is not sufficient for the local agency to identify a specific short-term rental at the provided address, the local agency may request the following: (1) The assessor parcel number of each short-term rental. (2) The URL associated with the specific short-term rental listing. (3) Information exclusively related to the identification of an accessory dwelling unit, guest house, or single unit of a timeshare or multifamily housing project located at a single address, which is located at the address or assessor parcel number requested. (c) Except as provided in subdivision (d), the reporting period in subdivision (a) may be no more frequently than in intervals of every 3 months within a 12-month period. (d) The reporting period in subdivision (a) may be monthly if a local agency requires remittance of transient occupancy tax monthly. (e) A local agency may make the failure of a short-term rental facilitator to report the information required by this section subject to an administrative fine or penalty pursuant to Section 53069.4. (Added by Stats. 2025, Ch. 751, Sec. 2. (SB 346) Effective January 1, 2026.)
  85. 50994.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. )

    Verify source ↗

    A short-term rental facilitator must include any applicable local license number and any transient occupancy tax certification in the short-term rental listing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. ) ## 50994. A short-term rental facilitator shall include in the listing of a short-term rental any applicable local license number associated with the short-term rental and any transient occupancy tax certification issued by a local agency. (Added by Stats. 2025, Ch. 751, Sec. 2. (SB 346) Effective January 1, 2026.)
  86. 50995.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. )

    Verify source ↗

    A local agency may audit or review a short-term rental facilitator’s records about transient occupancy tax if the facilitator is responsible for collecting and remitting that tax under a local ordinance or collection agreement.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. ) ## 50995. (a) A local agency may conduct an audit or otherwise examine the records of the short-term rental facilitator documenting the receipt of the transient occupancy tax due and payable to the local agency if the short-term rental facilitator is responsible for collecting and remitting the transient occupancy tax to the local agency pursuant to a local ordinance or collection agreement. (b) Any costs associated with an audit or examination shall be paid for by the local agency. (Added by Stats. 2025, Ch. 751, Sec. 2. (SB 346) Effective January 1, 2026.)
  87. 50996.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. )

    Verify source ↗

    This section says the chapter does not prevent a local agency from adopting a different ordinance on short-term rentals, short-term rental facilitators, or transient occupancy taxes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 4.6. The Short-Term Rental Facilitator Act of 2025 [50990 - 50996] ( Chapter 4.6 added by Stats. 2025, Ch. 751, Sec. 2. ) ## 50996. Nothing in this chapter shall be construed to preempt a local agency from adopting an ordinance that regulates short-term rentals, short-term rental facilitators, or the payment and collection of transient occupancy taxes in a manner different from the procedures prescribed in this chapter. (Added by Stats. 2025, Ch. 751, Sec. 2. (SB 346) Effective January 1, 2026.)
  88. 510.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The distance from the county seat of El Dorado County to Sacramento is 60 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 510. From the county seat of El Dorado County to Sacramento it is sixty (60) miles. (Enacted by Stats. 1943, Ch. 134.)
  89. 5100.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This chapter must be read liberally so its purpose can be carried out effectively.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 5100. This chapter shall be liberally construed to the end that the purpose hereof may be made effective. (Enacted by Stats. 1943, Ch. 134.)
  90. 51000.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    If a local agency’s boundary line is indefinite, uncertain, or obliterated, it may be determined, defined, and established under this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## 51000. When the location of a boundary line of a local agency, as defined in Section 53510 of the Government Code, is indefinite or uncertain, or the boundary line has been obliterated from any cause, it may be determined, defined, and established pursuant to this chapter. (Amended by Stats. 1968, Ch. 439.)
  91. 51001.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A local agency’s legislative body may start a proceeding to have an uncertain boundary line determined and established, and must do so if 25 or more taxpayers petition for it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## 51001. The legislative body of the local agency having an indefinite, uncertain, or obliterated boundary line may cause a proceeding to be brought in the name of the local agency to have the boundary line determined, defined, and established. The legislative body shall take such action upon the petition of twenty-five or more taxpayers of the local agency. (Added by Stats. 1949, Ch. 81.)
  92. 51002.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The superior court of the county where the initiating local agency is located has jurisdiction over the proceeding; if a district boundary in more than one county is indefinite or uncertain, either county’s superior court has jurisdiction.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## 51002. The superior court of the county in which the initiating local agency is located has jurisdiction over the proceeding. In the event that a boundary line of a district having territory in more than one county is indefinite or uncertain, the superior court of either county shall have jurisdiction. (Amended by Stats. 1968, Ch. 439.)
  93. 51003.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    In counties with three or more superior judges, the presiding judge may assign three or more judges to sit at the hearing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## 51003. In counties having three or more superior judges, the presiding judge may assign three or more judges to sit at the hearing in the proceeding, whether initiated by the county or a city in the county. (Added by Stats. 1949, Ch. 81.)
  94. 51004.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    A boundary-line petition must be accompanied by documents, maps, or other exhibits essential to deciding the case.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## 51004. The petition for the determination of the boundary line shall be accompanied by documents, maps, or other exhibits as may be essential to a determination of the case. (Added by Stats. 1949, Ch. 81.)
  95. 51005.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The petitioner must serve a copy of the petition and exhibits on the directly interested and adjacent local agencies, by personally delivering them to the presiding officer of the agencies’ legislative bodies.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## 51005. The petitioner shall serve a copy of the petition and exhibits on the local agencies directly interested and immediately adjacent to the boundary line, by delivering the copy personally to the presiding officer of the legislative bodies of the local agencies. (Added by Stats. 1949, Ch. 81.)
  96. 51006.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    Certain interested local agencies, people, corporations, or taxpayers may respond to or intervene in a boundary-line petition.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## 51006. A local agency, or any person, corporation, or taxpayer thereof, interested in the determination and establishment of the boundary line, may demur or answer the petition as defendants or intervene in the proceeding. The rules of pleading and practice provided by the Code of Civil Procedure not in conflict with this chapter are applicable to the special proceeding provided for in this chapter. (Added by Stats. 1949, Ch. 81.)
  97. 51007.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The court must determine the boundary line’s location using courses and distances, or another definite description if needed or desirable.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## 51007. The court shall determine the location of the boundary line by courses and distances or by giving such other definite description as is necessary or desirable. (Added by Stats. 1949, Ch. 81.)
  98. 51008.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    The court must decide and establish the boundary line, then file a certified copy of its final judgment with the Secretary of State at once.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## 51008. The court shall make a finding and render its judgment determining, defining, and establishing the location of the boundary line. After the judgment becomes final the court shall cause a certified copy of the judgment to be filed at once with the Secretary of State. (Added by Stats. 1949, Ch. 81.)
  99. 51009.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. )

    Verify source ↗

    When filed, the boundary line becomes established and fixed for all purposes as the local agency’s true and official boundary line.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5. Boundaries [51000 - 51009] ( Chapter 5 added by Stats. 1949, Ch. 81. ) ## 51009. From the date of filing, the boundary line is established and fixed for all purposes and constitutes the true and official boundary line of the local agency. (Added by Stats. 1949, Ch. 81.)
  100. 5101.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This section defines “bonds” for this chapter as state, county, municipal, or other public corporation or district bonds.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 5101. As used in this chapter, “bonds” means State, county, municipal, or other public corporation or district bonds. (Enacted by Stats. 1943, Ch. 134.)
  101. 51010.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

    Verify source ↗

    The State Fire Marshal has exclusive safety regulatory and enforcement authority over intrastate carbon dioxide and hazardous liquid pipelines, and may act for the U.S. Secretary of Transportation if authorized by agreement.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51010. It is the intent of the Legislature, in enacting this chapter, that the State Fire Marshal shall exercise exclusive safety regulatory and enforcement authority over intrastate carbon dioxide and hazardous liquid pipelines and, to the extent authorized by agreement between the State Fire Marshal and the United States Secretary of Transportation, may act as agent for the United States Secretary of Transportation to implement the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.) and federal pipeline safety regulations as to those portions of interstate pipelines located within this state, as necessary to obtain annual federal certification. (Amended by Stats. 2025, Ch. 529, Sec. 2. (SB 614) Effective January 1, 2026.)
  102. 51010.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including “pipeline,” “local agency,” and “sensitive receptor.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51010.5. As used in this chapter, the following definitions apply: (a) “Pipeline” includes every intrastate pipeline used for the transportation of hazardous liquid substances, carbon dioxide, or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility that is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five of these facilities in the state. “Pipeline” does not include any of the following: (1) An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations. (2) A pipeline for the transportation of a hazardous liquid substance in a gaseous state. (3) Transportation of petroleum in onshore gathering lines located in rural areas. (4) A pipeline for the transportation of a hazardous liquid substance offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream. (5) Transportation of a hazardous liquid by a flow line. (6) A pipeline for the transportation of a hazardous liquid substance through an onshore production, refining, or manufacturing facility, including a storage or inplant piping system associated with that facility. (7) Transportation of a hazardous liquid substance by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids between those modes of transportation. (8) Transportation of carbon dioxide through piping or equipment used in the production, including flow lines, extraction, recovery, lifting, stabilization, separation, or treatment of carbon dioxide necessary for the preparation of carbon dioxide for transportation by pipeline at production, including flow lines, refining, or manufacturing facilities. (b) “Emergency planning zone” means the area within two miles of either side of a pipeline used to transport carbon dioxide, measured from the centerline of the pipeline. (c) “Flow line” means a pipeline that transports hazardous liquid substances from the wellhead to a treating facility or production storage facility. (d) “Hydrostatic testing” means the application of internal pressure above the normal or maximum operating pressure to a segment of pipeline, under no-flow conditions for a fixed period of time, utilizing a liquid test medium. (e) “Local agency” means a city, county, or fire protection district. (f) “Rural area” means a location that lies outside the limits of any incorporated or unincorporated city or city and county, or other residential or commercial area, such as a subdivision, a business, a shopping center, or a community development. (g) “Gathering line” means a pipeline eight inches or less in nominal diameter that transports petroleum from a production facility. (h) “Production facility” means piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of petroleum or associated storage or measurement. To be a production facility under this definition, piping or equipment must be used in the process of extracting petroleum from the ground and transporting it by pipeline. (i) “Public drinking water well” means a wellhead that provides drinking water to a public water system, as defined in Section 116275 of the Health and Safety Code, that is regulated by the State Department of Public Health and that is subject to Section 116455 of the Health and Safety Code. (j) “GIS mapping system” means a geographical information system that will collect, store, retrieve, analyze, and display environmental geographical data in a database that is accessible to the public. (k) “Motor vehicle fuel” includes gasoline, natural gasoline, blends of gasoline and alcohol, or gasoline and oxygenates, and any inflammable liquid, by whatever name the liquid may be known or sold, that is used or is usable for propelling motor vehicles operated by the explosion type engine. “Motor vehicle fuel” does not include kerosene, liquefied petroleum gas, or natural gas in liquid or gaseous form. (l) “Oxygenate” means an organic compound containing oxygen that has been approved by the United States Environmental Protection Agency as a gasoline additive to meet the requirements for an “oxygenated fuel” pursuant to Section 7545 of Title 42 of the United States Code. (m) (1) “Sensitive receptor” means any of the following: (A) An education facility, including a preschool, school with transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, daycare center, park, playground, college, or university. (B) A community resource center, including a youth center. (C) A health care facility, including a hospital, retirement home, or nursing home. (D) Live-in housing, including a long-term care hospital, hospice, prison, detention center, or dormitory. (E) A residence, including a private home, condominium, apartment, and living quarter. (F) A building that is a business that is open to the public. (2) A sensitive receptor does not include a facility or building set forth in paragraph (1) that is not certified for occupancy or has been abandoned. (Amended by Stats. 2025, Ch. 529, Sec. 3. (SB 614) Effective January 1, 2026.)
  103. 51010.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    A covered interstate pipeline segment in this state is governed by the federal Hazardous Liquid Pipeline Safety Act of 1979.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51010.6. Notwithstanding Section 51010.5, that portion of an interstate pipeline that is located within this state and is subject to an agreement between the United States Secretary of Transportation and the State Fire Marshal is subject to the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.). (Amended by Stats. 2022, Ch. 536, Sec. 3. (AB 2931) Effective January 1, 2023.)
  104. 51011.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal must adopt hazardous liquid pipeline safety regulations, and can exempt a pipeline or part of a pipeline from those regulations when public safety risk is slight and injury or damage is unlikely.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51011. (a) The State Fire Marshal shall adopt hazardous liquid pipeline safety regulations in compliance with the federal law relating to hazardous liquid pipeline safety, including, but not limited to, compliance orders, penalties, and inspection and maintenance provisions, and including amendments to those laws and regulations that may be hereafter enacted and adopted. Regulations adopting the minimum standards for hazardous liquid pipelines contained in the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.), and Title 49 of the Code of Federal Regulations, by the State Fire Marshal are exempt from the procedures specified in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2, except that those regulations shall be submitted to the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. (b) The State Fire Marshal may exempt the application of regulations adopted pursuant to this section to any pipeline, or portion thereof, when it is determined that the risk to public safety is slight and the probability of injury or damage remote. (c) Notification of exemptions shall be written, and shall include a discussion of those factors that the State Fire Marshal considers significant to the granting of the exemption. (Amended by Stats. 2022, Ch. 536, Sec. 4. (AB 2931) Effective January 1, 2023.)
  105. 51011.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal must adopt carbon dioxide pipeline safety regulations by July 1, 2026, and may later amend them. Existing and new CO2 pipelines must follow those regulations, with some exceptions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51011.5. (a) (1) (A) On or before July 1, 2026, the State Fire Marshal shall adopt regulations governing the safe transportation of carbon dioxide in pipelines that are, at a minimum, as protective as the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations). (B) (i) Regulations adopted pursuant to this section, or any amendment to those regulations, shall be adopted by the Office of the State Fire Marshal in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of the initial regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the State Fire Marshal. (ii) Regulations adopted pursuant to this section, or any amendment to those regulations, shall not be considered major regulations as defined in Section 11342.548. (iii) Regulations adopted pursuant to this section, or any amendment to those regulations, is exempt from the requirements of Section 11346.36 and related laws and regulations for a standardized regulatory impact analysis. (C) The State Fire Marshal shall consider the use of odorants and shall require the use of odorants if it finds the use of an odorant is feasible, safe, and effective. (2) The State Fire Marshal may amend the regulations adopted pursuant to paragraph (1), as it deems necessary, to, among other things, provide for standards for all of the following: (A) Pipeline design. (B) Fracture mechanics. (C) Pipeline materials. (D) Valve materials. (E) Pipeline location. (F) Potential impact areas of a release. (G) Land movement. (H) Operation. (I) Odorant requirements. (J) Leak detection. (K) Emergency response. (L) Carbon dioxide contaminants. (M) Maintenance. (b) (1) All requirements of the regulations adopted or amended pursuant to subdivision (a) shall apply to pipelines newly constructed to transport carbon dioxide after the effective date of the regulations or the regulations, as amended. Pipelines to transport carbon dioxide in existence as of the effective date of the regulations or regulations, as amended, shall comply with the requirements of the regulations or of the regulations, as amended, within a timeframe specified by the State Fire Marshal. (2) A pipeline transporting carbon dioxide within a single facility or property and whose construction is permitted before July 1, 2025, shall not be required to subsequently comply with those regulations that pertain to design and construction if the pipeline is constructed to meet the standards of the draft federal regulations set forth in the unofficial version of the Notice of Proposed Rulemaking issued by the federal Pipeline and Hazardous Materials Safety Administration on January 10, 2025, pursuant to rulemaking (RIN 2137-AF60) regarding the minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations). (c) At least once every five years, the State Fire Marshal shall assess the safety standards specified in subdivision (b) and may amend the regulations to update safety standards, including adopting those safety standards that are technically feasible and commercially available for use in future pipelines. (d) A pipeline originally constructed to transport any other liquid or gas shall not be approved to transport carbon dioxide. (e) A pipeline transporting carbon dioxide shall not be constructed of previously used pipe or components. (Added by Stats. 2025, Ch. 529, Sec. 4. (SB 614) Effective January 1, 2026.)
  106. 51011.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    An operator may not build a carbon dioxide pipeline where sensitive receptors are in the emergency planning zone unless a required modeling analysis shows the risk is within an acceptable range set by the lead agency.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51011.6. (a) An operator shall not be permitted to construct a pipeline to transport carbon dioxide in a location where one or more sensitive receptors are located within the emergency planning zone unless an analysis based on validated, engineering-based computational fluid dynamics modeling that assesses the potential for one or more sensitive receptors to be harmed by exposure to carbon dioxide from a pipeline rupture determines that the risk of exposure to carbon dioxide is within an acceptable range as determined by the lead agency, as defined in Section 21067 of the Public Resources Code. (b) For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the State Fire Marshal shall not be considered a lead agency for a project that includes the construction of a pipeline to transport carbon dioxide. (Added by Stats. 2025, Ch. 529, Sec. 5. (SB 614) Effective January 1, 2026.)
  107. 51012.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal must establish a Pipeline Safety Advisory Committee, and the committee must meet at least once a year when requested.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51012. The State Fire Marshal shall establish a Pipeline Safety Advisory Committee for purposes of informing local agencies and every pipeline operator of changes in applicable laws and regulations affecting the operations of pipelines and reviewing proposed hazardous liquid pipeline safety regulations adopted pursuant to Section 51011. The committee shall be composed of eight members of whom two shall represent pipeline operators, three shall represent local agencies, one shall be a fire chief, and two shall be public members. The committee shall meet when requested by the State Fire Marshal, but not less than once a year. The members shall be paid expenses and one hundred dollars ($100) per diem for each meeting. (Amended by Stats. 1989, Ch. 1252, Sec. 1.)
  108. 51012.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    Pipeline operators must file an assessment with the State Fire Marshal by July 1, 2000, and prioritize certain higher-risk pipelines when preparing it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51012.4. (a) Notwithstanding any other provision of this chapter, including, but not limited to, Section 51012.3, each pipeline operator shall file with the State Fire Marshal, on or before July 1, 2000, an inspection, maintenance, improvement, or replacement assessment for the following: (1) Any pipeline or pipeline segments built before January 1, 1960. (2) Any pipeline installed on or after January 1, 1960, for which regular internal inspections cannot be conducted, or which shows diminished integrity due to corrosion or inadequate cathodic protection. (b) When preparing any assessment required by subdivision (a), the operator shall give priority to older pipelines located in densely populated areas, pipelines with a high-leak history, pipelines located near existing seismic fault lines, or, pipelines in areas with identified ground formations. (c) On or before January 1, 1998, the State Fire Marshal, in consultation with the Pipeline Safety Advisory Committee and pipeline operators, shall establish evaluation criteria for use by a pipeline operator when conducting any assessment required by subdivision (a). (d) A pipeline inspection, maintenance, improvement, or replacement assessment developed pursuant to this section may incorporate any information on regulatory requirements or existing public policies that could act as barriers to the inspection, maintenance, improvement, or replacement of pipelines, including, but not limited to, findings from the studies required pursuant to Section 51015.05. (e) Nothing in this section is intended to require the replacement of a pipeline. (Added by Stats. 1996, Ch. 973, Sec. 2. Effective January 1, 1997.)
  109. 51013.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    New pipelines and certain pipeline repairs must meet federal design standards, include leak-detection/cathodic-protection features, and in some cases be ready for internal inspection devices and response plans.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51013. (a) Any new pipeline constructed after January 1, 1984, and which normally operates under conditions of constant flow and pressure, shall be designed and constructed in accordance with Subparts C and D of Part 195 of Title 49 of the Code of Federal Regulations, and shall include a means of leak detection and cathodic protection which the State Fire Marshal determines is acceptable, except that any pipeline which transports by gravity or operates at a stress level of 20 percent or less of the specified minimum yield strength of the pipe shall meet these design and construction requirements on or before January 1, 1991. (b) Any new pipeline on which construction begins after January 1, 1990, shall be designed to accommodate the passage of instrumented internal inspection devices, and shall have leak mitigation and emergency response plans and equipment as the State Fire Marshal may require. Any repairs to existing pipelines which can accommodate instrumented internal inspection devices shall be done in a manner not to interfere with the passage of these devices. (c) Subdivision (a) does not apply to the replacement of valves and the relocation or replacement of portions of pipelines. (d) For pipelines which cannot accommodate internal inspection devices, replacements of portions of the pipe shall be done in a manner consistent, to the extent practicable, with the eventual accommodation of instrumented internal inspection devices. (Amended by Stats. 1989, Ch. 1277, Sec. 3.)
  110. 51013.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    Certain pipelines near environmentally and ecologically sensitive coastal areas must use best available technology, and operators and the State Fire Marshal have related reporting and rulemaking duties.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51013.1. (a) By January 1, 2018, any new or replacement pipeline near environmentally and ecologically sensitive areas in the coastal zone shall use best available technology, including, but not limited to, the installation of leak detection technology, automatic shutoff systems, or remote controlled sectionalized block valves, or any combination of these technologies, based on a risk analysis conducted by the operator, to reduce the amount of oil released in an oil spill to protect state waters and wildlife. (b) (1) By July 1, 2018, an operator of an existing pipeline near environmentally and ecologically sensitive areas in the coastal zone shall submit a plan to retrofit, by January 1, 2020, existing pipelines near environmentally and ecologically sensitive areas in the coastal zone with the best available technology, including, but not limited to, installation of leak detection technologies, automatic shutoff systems, or remote controlled sectionalized block valves, or any combination of these technologies, based on a risk analysis conducted by the operator to reduce the amount of oil released in an oil spill to protect state waters and wildlife. (2) An operator may request confidential treatment of information submitted in the plan required by paragraph (1) or contained in any documents associated with the risk analysis described in this section, including, but not limited to, information regarding the proposed location of automatic shutoff valves or remote controlled sectionalized block valves. (c) The State Fire Marshal shall adopt regulations pursuant to this section by July 1, 2017. The regulations shall include, but not be limited to, all of the following: (1) A definition of automatic shutoff systems. (2) A process to assess the adequacy of the operator’s risk analysis. (3) A process by which an operator may request confidential treatment of information submitted in the plan required by paragraph (1) of subdivision (b) or contained in any documents associated with the risk analysis described in this section. (4) A determination of how near to an environmentally and ecologically sensitive area a pipeline must be to be subject to the requirements of this section based on the likelihood of the pipeline impacting those areas. (d) An operator of a pipeline near environmentally and ecologically sensitive areas in the coastal zone shall notify the Office of the State Fire Marshal of any new construction or retrofit of pipeline in these waters. (e) For purposes of implementing this section, the State Fire Marshal shall consult with the Office of Spill Prevention and Response about the potential impacts to state water and wildlife. (f) For purposes of this section, “environmentally and ecologically sensitive areas” is the same term as described in subdivision (d) of Section 8574.7. (g) (1) For purposes of this section, “best available technology” means technology that provides the greatest degree of protection by limiting the quantity of release in the event of a spill, taking into consideration whether the processes are currently in use and could be purchased anywhere in the world. (2) The State Fire Marshal shall determine what is the best available technology and shall consider the effectiveness and engineering feasibility of the technology when making this determination. (h) For the purposes of this section, “oil” means hazardous liquid as defined in Section 195.2 of Title 49 of the Code of Federal Regulations. (Amended by Stats. 2016, Ch. 341, Sec. 1. (SB 840) Effective September 13, 2016.)
  111. 51013.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    This section requires pipelines to be tested on set schedules, and gives the State Fire Marshal power to require extra or alternative testing in some cases.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51013.5. (a) Every newly constructed pipeline, existing pipeline, or part of a pipeline system that has been relocated or replaced, and every pipeline that transports a hazardous liquid substance or highly volatile liquid substance, shall be tested in accordance with Subpart E (commencing with Section 195.300) of Part 195 of Title 49 of the Code of Federal Regulations. (b) Every pipeline not provided with properly sized automatic pressure relief devices or properly designed pressure limiting devices shall be hydrostatically tested annually. (c) Every pipeline over 10 years of age and not provided with effective cathodic protection shall be hydrostatically tested every three years, except for those on the State Fire Marshal’s list of higher risk pipelines, which shall be hydrostatically tested annually. (d) Every pipeline over 10 years of age and provided with effective cathodic protection shall be hydrostatically tested every five years, except for those on the State Fire Marshal’s list of higher risk pipelines which shall be hydrostatically tested every two years. (e) Piping within a refined products bulk loading facility served by pipeline shall be tested hydrostatically at 125 percent of maximum allowable operating pressure utilizing the product ordinarily transported in that piping if that piping is operated at a stress level of 20 percent or less of the specified minimum yield strength of the pipe. The frequency for pressure testing these pipelines shall be every five years for those pipelines with effective cathodic protection and every three years for those pipelines without effective cathodic protection. If that piping is observable, visual inspection may be the method of testing. (f) Beginning on July 1, 1990, and continuing until the regulations adopted by the State Fire Marshal pursuant to subdivision (g) take effect, each pipeline within the State Fire Marshal’s jurisdiction which satisfies any of the following sets of criteria shall be placed on the State Fire Marshal’s list of higher risk pipelines until five years pass without a reportable leak due to corrosion or defect on that pipeline. Initially, pipelines on that list shall be tested by the next scheduled test date, or within two years of being placed on the list, whichever is first. On July 1, 1990, pipeline operators shall provide the State Fire Marshal with a list of all their pipelines which satisfy the criteria in this subdivision as of July 1, 1990. If any pipeline becomes eligible for the list of higher risk pipelines after that date, the pipeline company shall report that fact to the State Fire Marshal within 30 days, and the pipeline shall be placed on the list retroactively to the date on which it became eligible for listing. Pipelines which are found to belong on the list, but are not so reported by the operator to the State Fire Marshal, shall be placed on the list retroactively. Operators failing to properly report their pipelines shall be subject to penalties under Section 51018.6. Pipelines not covered under the risk criteria developed pursuant to subdivision (g) shall be deleted from the list when regulations are adopted pursuant to that subdivision. For purposes of this subdivision, a leak which is traceable to an external force, but for which corrosion is partly responsible, shall be deemed caused by corrosion, “defect” refers to manufacturing or construction defects, and “leak” or “reportable leak” means a rupture required to be reported pursuant to Section 51018. As long as all pipelines are tested in their entirety at least as frequently as standard risk pipelines under subdivisions (c) and (d), it shall suffice for additional tests on higher risk pipelines to cover 20 pipeline miles in all directions along an operator’s pipeline from the position of the leak or leaks which led to the inclusion or retention of that pipeline on the higher risk list. The interim list shall include pipelines which meet any of the following criteria: (1) Have suffered two or more reportable leaks, not including leaks during a certified hydrostatic pressure test, due to corrosion or defect in the prior three years. (2) Have suffered three or more reportable leaks, not including leaks during a certified hydrostatic pressure test, due to corrosion, defects, or external forces, but not all due to external forces, in the prior three years. (3) Have suffered a reportable leak, except during a certified hydrostatic pressure test, due to corrosion or defect of more than 50,000 gallons, or 10,000 gallons in a standard metropolitan statistical area, in the prior three years; or have suffered a leak due to corrosion or defect which the State Fire Marshal finds has resulted in more than 42 gallons of a hazardous liquid within the State Fire Marshal’s jurisdiction entering a waterway in the prior three years; or have suffered a reportable leak of a hazardous liquid with a flashpoint of less than 140 degrees Fahrenheit, or 60 degrees centigrade, in the prior three years. (4) Are less than 50 miles long, and have experienced a reportable leak, except during a certified hydrostatic pressure test, due to corrosion or a defect in the prior three years. For the purposes of this paragraph, the length of a pipeline with more than two termini shall be the longest distance between two termini along the pipeline. (5) Have experienced a reportable leak in the prior five years due to corrosion or defect, except during a certified hydrostatic pressure test, on a section of pipe more than 50 years old. For pipelines which fall in this category, and no other category of higher risk pipeline, additional tests required by this subdivision shall be required only on segments of the pipe more than 50 years old as long as all pipe more than 50 years old which is within 20 pipeline miles from the leak in all directions along an operator’s pipeline is tested. (g) The State Fire Marshal shall study indicators and precursors of serious pipeline accidents, and, in consultation with the Pipeline Safety Advisory Committee, shall develop criteria for identifying which hazardous liquid pipelines pose the greatest risk to people and the environment due to the likelihood of, and likely seriousness of, an accident due to corrosion or defect. The study shall give due consideration to research done by the industry, the federal government, academia, and to any other information which the State Fire Marshal shall deem relevant, including, but not limited to, recent leak history, pipeline location, and materials transported. Beginning January 1, 1992, using the criteria identified in that study, the State Fire Marshal shall maintain a list of higher risk pipelines, which exceed a standard of risk to be determined by the State Fire Marshal, and which shall be tested as required in subdivisions (c) and (d) as long as they remain on the list. By January 1, 1992, after public hearings, the State Fire Marshal shall adopt regulations to implement this subdivision. (h) In addition to the requirements of subdivisions (a) to (e), inclusive, the State Fire Marshal may require any pipeline subject to this chapter to be subjected to a pressure test, or any other test or inspection, at any time, in the interest of public safety. (i) Test methods other than the hydrostatic tests required by subdivisions (b), (c), (d), and (e), including inspection by instrumented internal inspection devices, may be approved by the State Fire Marshal on an individual basis. If the State Fire Marshal approves an alternative to a pressure test in an individual case, the State Fire Marshal may require that the alternative test be given more frequently than the testing frequencies specified in subdivisions (b), (c), (d), and (e). (j) The State Fire Marshal shall adopt regulations before January 1, 1992, to establish what the State Fire Marshal deems to be an appropriate frequency for tests and inspections, including instrumented internal inspections, which, when permitted as a substitute for tests required under subdivisions (b), (c), and (d), do not damage pipelines or require them to be shut down for the testing period. That testing shall in no event be less frequent than is required by subdivisions (b), (c), and (d). Each time one of these tests is required on a pipeline, it shall be approved on the same individual basis as under subdivision (i). If it is not approved, a hydrostatic test shall be carried out at the time the alternative test would have been carried out, and subsequent tests shall be carried out in accordance with the time intervals prescribed by subdivision (b), (c), or (d), as applicable. (Amended by Stats. 1991, Ch. 395, Sec. 2.)
  112. 51014.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    Pressure tests under Section 51013.5 must follow the cited federal standard, with one stated exception, and the State Fire Marshal may approve a specified liquid petroleum test medium in writing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51014. (a) The pressure tests required by subdivisions (b), (c), and (d) of Section 51013.5 shall be conducted in accordance with Subpart E (commencing with Section 195.300) of Part 195 of Title 49 of the Code of Federal Regulations, except that an additional four-hour leak test, as specified in Section 195.302(c) of Title 49 of the Code of Federal Regulations, shall not be required under subdivisions (b), (c), and (d) of Section 51013.5. The State Fire Marshal may authorize the use of liquid petroleum having a flashpoint over 140 degrees Fahrenheit or 60 degrees Centigrade as the test medium. The State Fire Marshal shall make these authorizations in writing. (b) Test pressure shall be at least 125 percent of the actual pipeline operating pressure. (Amended by Stats. 2022, Ch. 536, Sec. 6. (AB 2931) Effective January 1, 2023.)
  113. 51014.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    Certain idle oil pipelines cannot be restarted until they pass required spike hydrostatic testing, and the State Fire Marshal and testing company have related testing and reporting duties.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51014.1. (a) Any existing oil pipeline that is six inches or larger that has been idle, inactive, or out of service for five years or more, shall not be restarted without passing a spike hydrostatic testing program. (b) (1) (A) The hydrostatic spike test shall be at least 139 percent of the maximum operating pressure of the pipeline and shall not exceed 80 percent of the specific minimum yield strength, as determined appropriate by the State Fire Marshal. (B) Notwithstanding subparagraph (A), at the operator’s request, the minimum hydrostatic spike test pressure may be lower than 100 percent of the specified minimum yield strength if the maximum operating pressure of the pipeline is correspondingly reduced. (i) Pursuant to this subparagraph the hydrostatic spike test shall be at least 139 percent of the reduced maximum operating pressure of the pipeline, as determined appropriate by the State Fire Marshal. (ii) The hydrostatic spike test shall be performed in segments to ensure every elevation point is tested. (2) If the specified minimum yield strength is unknown, the specified minimum yield strength shall be determined pursuant to Section 195.106(b) of Title 49 of the Code of Federal Regulations before performing the hydrostatic spike test. (c) The hydrostatic spike test shall be no more than 15 minutes, and be immediately followed by a hydrostatic test, which shall be held for a minimum of eight hours and meet the requirements of the State Fire Marshal. (d) The hydrostatic and hydrostatic spike test shall be performed in segments to ensure every elevation point is tested. (e) All tests shall be performed by a qualified testing company that is compliant with this chapter, as determined by the State Fire Marshal. (f) The Office of the State Fire Marshal shall promulgate regulations as necessary to implement this section. (g) The requirements of this section shall become operative upon the effective date of this statute. (h) The State Fire Marshal shall post on its public internet website information fully characterizing the parameters and results of each hydrostatic spike test performed, subject to any such information deemed confidential and proprietary, no less than 30 calendar days after each hydrostatic spike test is conducted pursuant to this section. (Added by Stats. 2025, Ch. 118, Sec. 4. (SB 237) Effective January 1, 2026.)
  114. 51014.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    Pipeline operators must notify the State Fire Marshal and the local fire department at least three working days before a required hydrostatic test, and the notice must include specified test details. The State Fire Marshal may observe the tests.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51014.3. (a) Each pipeline operator shall notify the State Fire Marshal and the local fire department having fire suppression responsibilities at least three working days prior to conducting a hydrostatic test which is required by this chapter. The notification shall include all of the following information: (1) The name, address, and telephone number of the pipeline operator. (2) The specific location of the pipeline section to be tested and the location of the test equipment. (3) The date and time the test is to be conducted. (4) An invitation and a telephone number for local fire departments to call for further information on what they should do in the event of a leak during testing. (5) The test medium. (6) The name and telephone number of the independent testing firm or person responsible for certification of the test results. (b) The State Fire Marshal may observe tests conducted pursuant to this chapter. (Amended by Stats. 1989, Ch. 1277, Sec. 5.5.)
  115. 51014.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    When hydrostatic testing is required, an independent testing firm or person must certify the test results and send them to the State Fire Marshal within 30 days. The State Fire Marshal may review the results, charge a fee within cost limits, and may not direct the testing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51014.5. (a) When hydrostatic testing is required by Section 51013.5, the test results shall be certified by an independent testing firm or person who is selected from a list, provided by the State Fire Marshal, of independent testing firms or persons approved annually by the State Fire Marshal. The State Fire Marshal may charge a fee for consideration and approval of an independent testing firm or person pursuant to this subdivision, not to exceed the reasonable costs of that consideration and approval. (b) The results of the tests required by Section 51013.5 shall be submitted by the independent testing firm or person within 30 days after completion of the test to the State Fire Marshal, who may review the results. The report shall show all of the following information: (1) The date of the test. (2) A description of the pipeline tested including a map of suitable scale showing the route of the pipeline. (3) The results of the test. (4) Any other test information that may be specifically requested by the State Fire Marshal. (c) The State Fire Marshal shall not supervise, control, or otherwise direct the testing. (Amended by Stats. 1988, Ch. 995, Sec. 3.)
  116. 51014.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    Most people may not build or install structures, obstructions, or shrubbery on a pipeline easement if it would interfere with access or aerial observation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51014.6. (a) Effective January 1, 1987, no person, other than the pipeline operator, shall do any of the following with respect to any pipeline easement: (1) Build, erect, or create a structure or improvement within the pipeline easement or permit the building, erection, or creation thereof. (2) Build, erect, or create a structure, fence, wall, or obstruction adjacent to any pipeline easement which would prevent complete and unimpaired surface access to the easement, or permit the building, erection, or creation thereof. (b) No shrubbery or shielding shall be installed on the pipeline easement which would impair aerial observation of the pipeline easement. This subdivision does not prevent the revegetation of any landscape disturbed within a pipeline easement as a result of constructing the pipeline and does not prevent the holder of the underlying fee interest or the holder’s tenant from planting and harvesting seasonal agricultural crops on a pipeline easement. (c) This section does not prohibit a pipeline operator from performing any necessary activities within a pipeline easement, including, but not limited to, the construction, replacement, relocation, repair, or operation of the pipeline. (Amended by Stats. 1986, Ch. 1401, Sec. 5.)
  117. 51015.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    Pipeline operators must give local fire departments pipeline maps, product descriptions, and emergency contingency plans, and meet with the local fire department at least once each year. The State Fire Marshal may also require records, reports, and other information, may enter premises to access required records, and may disclose those records for specified official purposes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51015. (a) A pipeline operator shall provide to the fire department having fire suppression responsibilities a map or suitable diagram showing the location of the pipeline, a description of all products transported within the pipeline, and a contingency plan for pipeline emergencies that shall include, but not be limited to, any reasonable information that the State Fire Marshal may require. (b) The State Fire Marshal, for purposes of carrying out the requirements of state or federal law relating to hazardous liquid pipeline safety, including, but not limited to, developing or assisting in the development of pipeline standards or regulations, determining compliance with this chapter, or carrying out any requirement of this chapter, may require the owner or operator of a pipeline to do the following: (1) Establish and maintain records specified by the State Fire Marshal. (2) Make reports pursuant to methods and in a manner specified by the State Fire Marshal. (3) Provide any information that the State Fire Marshal may reasonably require, including, but not limited to, maps, written procedures, accident reporting, or information on design, construction, testing, or operation and maintenance. (c) The State Fire Marshal, or an officer or employee authorized by the State Fire Marshal, at any reasonable time, upon presentation of credentials, shall have a right of entry to, upon, or through any premises on which records, reports, or any other information required to be maintained pursuant to this chapter are located and may access and copy those records, reports, or other information. (d) The State Fire Marshal may disclose records, reports, or other information required to be maintained pursuant to this chapter to an officer, employee, or authorized representative of the state or the United States for purposes of carrying out the requirements of this chapter or the federal Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. Sec. 60101 et seq.), or when relevant to a proceeding pursuant to this chapter. (e) A pipeline operator shall offer to meet with the local fire department having fire suppression responsibilities at least once each calendar year to discuss and review contingency plans for pipeline emergencies. (Amended by Stats. 2022, Ch. 536, Sec. 7. (AB 2931) Effective January 1, 2023.)
  118. 51015.05.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal must maintain a centralized database on certain intrastate pipelines, keep it updated, share the information publicly and with agencies, and study pipeline safety and replacement incentives.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51015.05. (a) The State Fire Marshal shall establish and maintain a centralized database containing information and data regarding the following intrastate pipelines: (1) Pipelines used for the transportation of crude oil that operate by gravity or at a stress level of 20 percent or less of the specified minimum yield strength of the pipe. (2) Pipelines used for the transportation of petroleum in onshore gathering lines located in rural areas. (b) The database shall include, but is not limited to, an inventory of the pipelines described in subdivision (a), including pipeline locations, ownership, ages, and inspection histories, that are in the possession of the owner or operator of the oil field or other gas facility. (c) The State Fire Marshal shall regularly update the database and shall make the information in the database available to the public, and to all local, state, and federal agencies. (d) A state or local governmental agency that regulates, supervises, or exerts authority over a pipeline described in subdivision (a) shall report any information or data specified in subdivision (b) in its possession to the State Fire Marshal. That information shall be submitted to the State Fire Marshal in a computer compatible format. (e) The State Fire Marshal shall conduct a study of the fitness and safety of all pipelines described in subdivision (a), and investigate incentive options that would encourage pipeline replacement or improvements, including, but not limited to, a review of existing regulatory, permit, and environmental impact report requirements and other existing public policies, as may be identified by the Pipeline Safety Advisory Committee and adopted by the State Fire Marshal, that could act as barriers to the replacement or improvement of those pipelines. (Amended by Stats. 2022, Ch. 536, Sec. 8. (AB 2931) Effective January 1, 2023.)
  119. 51015.06.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    Operators of carbon dioxide pipelines must submit an emergency planning zone inventory and map to the State Fire Marshal and lead agency, and must provide updated copies to local emergency-response governments on a recurring basis.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51015.06. (a) (1) An operator of a pipeline transporting carbon dioxide shall submit to the State Fire Marshal and the public agency that is the lead agency for the project that includes the pipeline for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) an emergency planning zone inventory and map that includes all of the following: (A) A list of all sensitive receptors within the emergency planning zone that encompasses the pipeline. (B) A detailed map showing the location and distance to the pipeline of each sensitive receptor within the emergency planning zone. (C) A graphic representation of the results of the validated, engineering-based computational fluid dynamics modeling, if any, used the purposes of Section 51011.6. (2) The inventory and map shall be submitted in a format determined by the State Fire Marshal that complies with the accessibility standards specified in subdivision (a) of Section 11546.7. (b) The operator of a pipeline carrying carbon dioxide shall provide, at least once every three years, a copy of the inventory and map determined by the State Fire Marshal and the lead agency to be complete and accurate and any updates to the inventory and map to local governments providing emergency response services to sensitive receptors within the emergency planning zone that encompasses the pipeline. (c) The State Fire Marshal and the lead agency shall review, at least once every three years, the inventory and map submitted pursuant to subdivision (a) for completeness and accuracy and shall notify the operator of any discrepancy in the submitted inventory and map. (d) (1) Subject to paragraph (2), the State Fire Marshal and the lead agency shall make publicly available on its internet website all inventories and maps determined to be current, complete, and accurate. (2) The State Fire Marshal and the lead agency shall redact any personally identifiable information from the inventory and map made available to the public and shall maintain that information as confidential matter. (e) The operator of a pipeline carrying carbon dioxide shall provide sensitive receptors identified by the validated, engineering-based computational fluid dynamics modeling with the redacted map consistent with subdivision (a) on an annual basis consistent with requirements of Section 195.440 of Title 49 of the Code of Federal Regulations for public awareness. (Added by Stats. 2025, Ch. 529, Sec. 6. (SB 614) Effective January 1, 2026.)
  120. 51015.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal must inspect certain intrastate pipelines yearly, adopt implementing regulations by January 1, 2017, cannot act as inspection agent for certain interstate pipelines unless authority is transferred, and must set the fee high enough to cover implementation costs.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51015.1. (a) Commencing January 1, 2017, the State Fire Marshal, or an officer or employee authorized by the State Fire Marshal, shall annually inspect all intrastate pipelines and operators of intrastate pipelines under the jurisdiction of the State Fire Marshal to ensure compliance with applicable laws and regulations. By January 1, 2017, the State Fire Marshal shall adopt regulations implementing this subdivision. (b) For portions of interstate pipelines that are not under the jurisdiction of the State Fire Marshal pursuant to Section 51010.6, the State Fire Marshal shall not become an inspection agent for those pipelines unless all regulatory and enforcement authority over those pipelines is transferred to the State Fire Marshal from the federal Pipeline and Hazardous Materials Safety Administration. (c) The State Fire Marshal shall revise the fee assessed pursuant to Section 51019 to a level sufficient to cover the costs associated with the implementation of this section. (Added by Stats. 2015, Ch. 607, Sec. 1. (SB 295) Effective January 1, 2016.)
  121. 51015.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal must adopt safety regulations for intrastate hazardous liquid pipelines within 500 feet of rail lines.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51015.2. (a) The Legislature recognizes that hazardous liquid pipelines are often located alongside and in the immediate proximity of rail lines. In the event of a derailment, these pipelines may be damaged in such a fashion that their integrity is lost, making a rupture or leak more likely. (b) In an effort to better protect public safety, the State Fire Marshal shall adopt regulations governing the construction, testing, operations, periodic inspection, and emergency operations of intrastate hazardous liquid pipelines located within 500 feet of any rail line. These regulations shall, at a minimum, include provisions dealing with the following: (1) Minimum depth of cover for newly constructed or reconstructed pipelines. (2) Minimum hydrostatic testing requirements for newly constructed pipelines. (3) Minimum requirements for testing existing pipelines which may have been affected by a derailment. (4) Minimum requirements for periodic inspections. (5) Minimum requirements for installation and operation of safety or check valves. (6) Procedures for developing, testing, approving, and implementing coordinated emergency contingency plans prepared by pipeline and rail operators. These procedures shall also provide for consultation with local affected agencies, and require pipeline and rail operations to develop and implement emergency training for their employees approved by the State Fire Marshal. (Added by Stats. 1989, Ch. 1252, Sec. 3.)
  122. 51015.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal may adopt emergency regulations for intrastate pipeline emergencies involving railroad car derailments, and rural hazardous liquid pipelines are exempt.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51015.3. The State Fire Marshal may, in the interest of public safety, adopt emergency regulations which govern intrastate pipeline emergencies involving railroad car derailments. Any hazardous liquid pipeline located in a rural area shall be exempt from these regulations. Notwithstanding any other provision of law, these emergency regulations shall remain in effect until permanent regulations provided for in Section 51015.2 are adopted, but in no case beyond January 1, 1995. (Added by Stats. 1989, Ch. 1252, Sec. 4.)
  123. 51015.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    Operators must keep necessary valves and check valves in good working order and protect them from unauthorized operation and vandalism. The State Fire Marshal must adopt related regulations by June 30, 1991.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51015.4. (a) Each operator shall, as specified in regulations provided for in subdivision (c), maintain each valve and check valve that is necessary for the safe operation of its pipeline systems in good working order at all times. (b) Each operator shall provide protection for each valve and check valve from unauthorized operation and from vandalism. (c) The State Fire Marshal shall adopt regulations, not later than June 30, 1991, which establish procedures for maintaining, testing, and inspecting mainline valves and check valves on intrastate hazardous liquid pipelines. (Added by Stats. 1989, Ch. 1252, Sec. 5.)
  124. 51015.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    After a pipeline rupture, leak, or similar incident, a person doing nonemergency cleanup, repair, reconstruction, or other alteration must get prior approval from the State Fire Marshal.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51015.5. (a) In the event of an intrastate pipeline rupture, leak, or other incident which could affect safe pipeline operation, any person who performs or intends to perform nonemergency site cleanup, repair, reconstruction, or any other alteration shall obtain prior approval from the State Fire Marshal. (b) Approval by the State Fire Marshal of a repair plan, submitted by a pipeline operator in conformance with contingency plan requirements established by the State Fire Marshal, shall constitute prior approval to perform repairs as specified in subdivision (a). (c) The State Fire Marshal may adopt regulations to implement subdivisions (a) and (b). (Added by Stats. 1989, Ch. 1252, Sec. 6.)
  125. 51015.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal must submit a report to the Legislature by January 31, 2017 and every January 31 afterward, and the report must include specified pipeline safety information.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51015.6. (a) On or before January 31, 2017, and on or before January 31 annually thereafter, the State Fire Marshal shall submit a report to the Legislature containing information, including, but not limited to, all of the following: (1) The number of annual inspections conducted pursuant to Section 51015.1. (2) The status of the installation of automatic shutoff systems pursuant to Section 51013.1, including a summary of the types of shutoff systems installed, and the number of miles of pipeline covered by an automatic shutoff system. (3) The status of Line 901 and Line 903 in the County of Santa Barbara. (b) (1) A report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795. (2) Pursuant to Section 10231.5, this section is inoperative on January 31, 2021. (Added by Stats. 2016, Ch. 341, Sec. 2. (SB 840) Effective September 13, 2016. Inoperative January 31, 2021, by its own provisions.)
  126. 51016.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal must study valve spacing for pipelines, and if valve spacing is found insufficient, must adopt regulations requiring added valves on existing pipelines. The Fire Marshal may also adopt regulations for new valves on new, existing, or replacement pipelines if the study shows current guidelines do not adequately protect the relevant population centers and environmental resources.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51016. The State Fire Marshal shall study the spacing of valves which would limit spillage into standard metropolitan statistical areas and environmentally sensitive areas from surrounding higher ground. If any existing pipeline system’s valve spacing is deemed insufficient to protect California’s uniquely situated population centers and environmental resources, the State Fire Marshal shall adopt regulations to require the addition of valves on existing pipelines. If the study indicates that guidelines for valve spacing do not, in the State Fire Marshal’s opinion, adequately protect these population centers and environmental resources, the State Fire Marshal may adopt regulations to require new valves on new, existing, or replacement pipelines as necessary to protect the public interest. (Added by Stats. 1989, Ch. 1277, Sec. 6.5.)
  127. 51017.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal must develop a comprehensive pipeline information database for emergency response and program operations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51017. The State Fire Marshal shall develop a comprehensive database of pipeline information that can be used for emergency response and program operational purposes. The database shall include information on pipeline location, age, reported leak incidences, and inspection history, and shall have the capability of mapping pipeline locations throughout the state. The data collection format shall be compatible with any pipeline mapping project implemented by the United States Department of Transportation’s Office of Pipeline Safety and shall be compatible with GIS mapping and data management required by Article 12 (commencing with Section 25299.97) of Chapter 6.75 of Division 20 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 536, Sec. 9. (AB 2931) Effective January 1, 2023.)
  128. 51017.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    This section requires the State Fire Marshal to identify certain nearby pipelines, notify operators, review protection plans, and allows operators to seek exemptions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51017.1. (a) Utilizing GIS-based location information furnished by the State Department of Health Services and the State Water Resources Control Board, at least once every two years the State Fire Marshal shall determine the identity of each pipeline or pipeline segment that is regulated by the State Fire Marshal pursuant to this chapter that transports petroleum product when that pipeline is located within 1,000 feet of a public drinking water well. (b) With assistance from the State Department of Health Services and the State Water Resources Control Board, the State Fire Marshal shall notify the operator of the pipelines identified in subdivision (a) of the following information: (1) That the specific pipeline or pipeline segment has been identified as being located within 1,000 feet of a public drinking water well. (2) The name of the water purveyor and the location of the public drinking water well affected. With advice from the GIS mapping advisory committee, created pursuant to subdivision (b) of Section 25299.97 of the Health and Safety Code, the identification of the pipelines and notification of pipeline owners by the State Fire Marshal pursuant to subdivision (a) and this subdivision shall begin once the GIS mapping system created by Section 25299.97 of the Health and Safety Code is able to provide accurate and useful information on pipeline and wellhead locations. (c) Each pipeline operator notified pursuant to subdivision (b) shall prepare a pipeline wellhead protection plan as required by Section 51017.2 and submit the plan to the State Fire Marshal within 180 days from the date of either receiving the notification specified in subdivision (b), or adoption of regulations by the State Fire Marshal pursuant to Section 51017.2, whichever is later. (d) With the advice of the State Department of Health Services, the State Water Resources Control Board, appropriate California regional water quality control boards, and local water purveyors, the State Fire Marshal shall review each wellhead protection plan submitted by a pipeline operator, and approve those plans that meet the criteria of the regulations adopted by the State Fire Marshal pursuant to Section 51017.2. The State Fire Marshal shall have discretion to allow a wellhead protection plan to address multiple wellheads where the conditions creating the risk to the wellheads are substantially similar. The pipeline operator shall implement the wellhead protection plan within 180 days from the date of receiving approval from the State Fire Marshal. (e) Each pipeline operator having a wellhead protection plan approved by the State Fire Marshal pursuant to subdivision (d) shall evaluate that plan at least once every five years to ensure that the plan is in compliance with the current regulations established by the State Fire Marshal pursuant to Section 51017.2. The pipeline operator shall provide either written documentation to the State Fire Marshal that the previously approved wellhead protection plan has been evaluated and that no changes are warranted, or submit a new wellhead protection plan to remain in compliance with existing regulations or to meet the requirements of regulations adopted since the plan was approved. (f) The pipeline operator subject to subdivision (c) may petition the State Fire Marshal in writing for an exemption from the requirements of subdivision (c). With advice from the State Water Resources Control Board, the State Department of Health Services, the California regional water quality control boards, and local water purveyors, the State Fire Marshal may approve the exemption if the petition demonstrates that the pipeline either does not transport motor vehicle fuel, or does not pose a significant threat to the public drinking water well based upon, but not limited to, the following criteria: (1) Pipeline parameters, such as operation pressure, operating temperature, age, design, fabrication materials, construction, corrosive nature of the surrounding soil, cathodic protection, and feasibility of internal inspection or evaluation tools (smart pigs). (2) Hydrogeologic parameters, such as soil permeability, direction and velocity of groundwater flow, aquifer location or depth, and hydrogeologic barriers or conduits. (3) Water well parameters, such as depth of well and well construction. (4) The nature of the fuel and its ability to migrate to public drinking water wells. (5) The impact of human activity that may elevate or reduce the risk to the drinking water well. (Amended by Stats. 1998, Ch. 485, Sec. 91. Effective January 1, 1999.)
  129. 51017.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal must adopt and periodically review regulations for wellhead protection plans for pipelines near public drinking water wells.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51017.2. (a) With advice from the Pipeline Safety Advisory Committee, the State Water Resources Control Board, the California regional water quality control boards, and local water purveyors, the State Fire Marshal shall adopt regulations for wellhead protection plans that provide guidelines to be used by the pipeline operator as specified in Section 51017.1 to protect the public drinking water well from contamination should a pipeline rupture or leak pose a significant threat to a public drinking water well, taking into account the nature of the fuel and its ability to migrate to a public drinking water well. The regulations adopted by the State Fire Marshal shall require each plan to contain adequate and effective measures that are technologically feasible, practical, and operationally sound that protect public drinking water wells. At a minimum, the wellhead protection plan shall contain the following: (1) Operational activities that provide the pipeline operator with sufficient information to adequately ensure the integrity of the pipeline. These may include internal inspection or evaluation tools (smart pigs), substructure excavation (potholing), well monitoring, additional or more frequent pressure tests, cathodic protection surveys or visual inspections, or other technologies as appropriate. (2) Response measures that will enhance the pipeline operator’s response to an emergency, such as a pipeline rupture, fire, earthquake, or flood. These measures may include activities, such as additional training for operator staff or improved coordination with emergency response agencies. (b) At least once every five years, the State Fire Marshal, with the advice of the Pipeline Safety Advisory Committee, the State Water Resources Control Board, the California regional water quality control boards, and local water purveyors, shall review the regulations adopted pursuant to subdivision (a) to determine if new measures that have been proven to be technologically feasible, practical, and operationally sound should be included in the regulations. The State Fire Marshal shall adopt new regulations if such new measures are identified. (Added by Stats. 1997, Ch. 814, Sec. 5. Effective January 1, 1998.)
  130. 51018.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    Pipeline operators must immediately report any pipeline rupture, explosion, or fire to the local fire department and the Office of Emergency Services.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51018. (a) Every rupture, explosion, or fire involving a pipeline, including a pipeline system otherwise exempted by subdivision (a) of Section 51010.5, and including a pipeline undergoing testing, shall be immediately reported by the pipeline operator to the fire department having fire suppression responsibilities and to the Office of Emergency Services. (b) (1) The Office of Emergency Services shall immediately notify the State Fire Marshal of the incident, who shall immediately dispatch State Fire Marshal employees to the scene. The State Fire Marshal or the employees, upon arrival, shall provide technical expertise and advise the operator and all public agencies on activities needed to mitigate the hazard. (2) For purposes of this subdivision, the Legislature does not intend to hinder or disrupt the workings of the “incident commander system,” but does intend to establish a recognized element of expertise and direction for the incident command to consult and acknowledge as an authority on the subject of pipeline incident mitigation. Furthermore, it is expected that the State Fire Marshal will recognize the expertise of the pipeline operator and any other emergency agency personnel who may be familiar with the particular location of the incident and respect their knowledgeable input regarding the mitigation of the incident. (c) For purposes of this section, “rupture” includes every unintentional liquid leak, including any leak that occurs during hydrostatic testing, except that a crude oil leak of less than five barrels from a pipeline or flow line in a rural area, or any crude oil or petroleum product leak in any in-plant piping system of less than five barrels, when no fire, explosion, or bodily injury results or no waterway is contaminated thereby, does not constitute a rupture for purposes of the reporting requirements of subdivision (a). (d) This section does not preempt any other applicable federal or state reporting requirement. (e) Except as otherwise provided in this section and Section 8589.7, a notification made pursuant to this section shall satisfy any immediate notification requirement contained in any permit issued by a permitting agency. (f) This section does not apply to pipeline ruptures involving nonreportable crude oil spills under Section 3233 of the Public Resources Code, unless the spill involves a fire or explosion. (Amended by Stats. 2022, Ch. 536, Sec. 10. (AB 2931) Effective January 1, 2023.)
  131. 51018.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal must adopt enforcement regulations, may compromise assessed penalties before referral, and must deposit civil penalties into the Local Training Account.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51018.6. (a) The State Fire Marshal shall adopt regulations for conducting enforcement proceedings pursuant to this section. These regulations shall include provisions for the service and the content of the notice of probable violation, response options, conduct of hearings, issuing of the final order, amended final order, and petitions for reconsideration and compromise of penalties, and shall be consistent with the procedures specified in Subpart B (commencing with Section 190.201) of Part 190 of Title 49 of the Code of Federal Regulations. (b) If the State Fire Marshal determines, pursuant to the regulations adopted pursuant to subdivision (a), that a person has violated this chapter or any regulation adopted pursuant thereto, that person is subject to a civil penalty not to exceed the amount specified in Section 190.223(a) of Title 49 of the Code of Federal Regulations. (c) The amount of the penalty shall be assessed by the State Fire Marshal pursuant to the regulations adopted pursuant to subdivision (a). In determining the amount of the penalty, the State Fire Marshal shall consider the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith attempts to achieve compliance, ability to pay the penalty, and any other matters as justice may require. (d) A civil penalty assessed under subdivision (b) may be recovered in an action brought by the Attorney General on behalf of the state. Prior to referring the penalty action to the Attorney General, the State Fire Marshal may accept an offer to compromise the amount of the assessed penalty pursuant to the regulations adopted pursuant to subdivision (a). (e) The State Fire Marshal shall deposit all civil penalties assessed pursuant to this section in the Local Training Account in the California Hazardous Liquid Pipeline Safety Fund. The money in the Local Training Account is available, upon appropriation by the Legislature, to the State Fire Marshal, who shall use the money for providing hazardous liquid fire suppression training or first responder training for hazardous gas response and suppression to local fire departments. (Amended by Stats. 2025, Ch. 529, Sec. 7. (SB 614) Effective January 1, 2026.)
  132. 51018.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    A person who willfully and knowingly violates this chapter or its regulations, or who willfully and knowingly damages pipeline signs or right-of-way markers, can be fined and imprisoned.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51018.7. (a) Any person who willfully and knowingly violates any provision of this chapter or a regulation issued pursuant thereto shall, upon conviction, be subject, for each offense, to a fine of not more than twenty-five thousand dollars ($25,000), imprisonment in a county jail for not more than one year, imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment. (b) Any person who willfully and knowingly defaces, damages, removes, or destroys any pipeline sign or right-of-way marker required by federal or state law or regulation shall, upon conviction, be subject, for each offense, to a fine of not more than five thousand dollars ($5,000), imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 134. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  133. 51018.8.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal may issue compliance orders, and the order must state the specific action required of the person receiving it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51018.8. The State Fire Marshal may issue orders directing compliance with this chapter or any regulations adopted pursuant thereto. The State Fire Marshal shall specify in the order the particular action which is required of the person issued the order. (Added by Stats. 1983, Ch. 1222, Sec. 18. Effective September 30, 1983.)
  134. 51018.9.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    For a carbon dioxide pipeline, the State Fire Marshal may order a shutdown, and a ruptured pipeline must stay nonoperational until the rupture investigation is completed and the cause is determined.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51018.9. For a pipeline transporting carbon dioxide, all of the following shall apply: (a) The State Fire Marshal may order a pipeline shutdown for violations of state or federal law, or if continued pipeline operations present an immediate danger to health, welfare, or the environment. (b) In the event of a pipeline rupture, the pipeline shall remain nonoperational until an investigation into the pipeline rupture is completed and determines the origin and cause of the pipeline rupture. (c) The State Fire Marshal, in consultation with appropriate local, state, and federal agencies, shall determine if or when a pipeline may resume operations. (Added by Stats. 2025, Ch. 529, Sec. 8. (SB 614) Effective January 1, 2026.)
  135. 51019.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal may assess and collect an annual fee from pipeline operators, and pipeline operators must pay when billed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51019. The State Fire Marshal may assess and collect from every pipeline operator an annual fee for the purpose of carrying out this chapter. The State Fire Marshal may assess this fee for expenses which will be incurred during the following year. A pipeline operator shall pay this fee when billed by the State Fire Marshal. The State Fire Marshal may impose a delinquency fee of 10 percent of the annual fee if the pipeline operator does not pay the fee within 60 days after receipt of the bill, and, in addition, the pipeline operator shall pay interest on that portion of its annual fee not paid within 60 days at the rate of 15 percent per annum from the date of receipt of the bill until paid. The total amount of the fee collected shall not exceed the actual expenses incurred, or the estimated expenses which will be incurred, by the State Fire Marshal in carrying out this chapter. (Amended by Stats. 1988, Ch. 995, Sec. 9.)
  136. 51019.05.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The State Fire Marshal may charge and collect an annual fee from certain interstate pipeline operators, and operators must pay when billed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51019.05. If the agreement specified in Section 51010.6 is entered into, the State Fire Marshal may assess and collect, from every operator of an interstate pipeline having a portion thereof located within this state, as described in the agreement, an annual fee for the purpose of carrying out this chapter. The State Fire Marshal may assess this fee for expenses which will be incurred during the following year. The pipeline operator shall pay this fee when billed by the State Fire Marshal. The State Fire Marshal may impose a delinquency fee of 10 percent of the annual fee if the interstate pipeline operator does not pay the fee within 60 days after receipt of the bill, and, in addition, the interstate pipeline operator shall pay interest on that portion of its annual fee not paid within 60 days at the rate of 15 percent per annum from the date of receipt of the bill until paid. The total amount of the fee collected pursuant to this section and Section 51019 shall not exceed the actual expenses incurred, or the estimated expenses which will be incurred, by the State Fire Marshal in carrying out this chapter. (Added by Stats. 1986, Ch. 863, Sec. 3.)
  137. 51019.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. )

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    The section creates a safety fund, requires certain fees to go into the Pipeline Operations Account, and makes that money available to the State Fire Marshal after legislative appropriation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 5.5. The Elder California Pipeline Safety Act Of 1981 [51010 - 51019.1] ( Heading of Chapter 5.5 amended by Stats. 1992, Ch. 855, Sec. 1. ) ## 51019.1. (a) There is hereby created the California Hazardous Liquid Pipeline Safety Fund, consisting of the Local Training Account and the Pipeline Operations Account. (b) All fees collected pursuant to Sections 51019 and 51019.05 shall be deposited in the Pipeline Operations Account. The money in the account is available, upon appropriation by the Legislature, to the State Fire Marshal for the purpose of carrying out this chapter. (Amended by Stats. 1991, Ch. 395, Sec. 3.)
  138. 5102.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    This section defines “guarantor” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 5102. As used in this chapter, “guarantor” means the person or persons guaranteeing the payment of bonds, the repurchase thereof, or the payment or repurchase of any interest therein. (Enacted by Stats. 1943, Ch. 134.)
  139. 5103.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    In this chapter, “issuing body” means the State, any subdivision, municipality, public corporation, or district.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 5103. As used in this chapter, “issuing body” means the State, any subdivision thereof, municipality, public corporation, or district. (Enacted by Stats. 1943, Ch. 134.)
  140. 51030.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Massage [51030 - 51034] ( Chapter 6 added by Stats. 1976, Ch. 1352. )

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    A city or county legislative body may adopt an ordinance to license and regulate massage businesses within its area.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Massage [51030 - 51034] ( Chapter 6 added by Stats. 1976, Ch. 1352. ) ## 51030. The legislative body of a city for incorporated areas or county for unincorporated areas may enact an ordinance which provides for the licensing for regulation of the business of massage when carried on within the city or county. (Added by Stats. 1976, Ch. 1352.)
  141. 51031.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Massage [51030 - 51034] ( Chapter 6 added by Stats. 1976, Ch. 1352. )

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    An ordinance may require a massage business to prove it meets reasonable standards before a license is issued.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Massage [51030 - 51034] ( Chapter 6 added by Stats. 1976, Ch. 1352. ) ## 51031. The ordinance may condition the issuance of a license to engage in the business of massage upon proof that a massage business meets the reasonable standards set by the ordinance, which may include, but need not be limited to, the following areas: (a) Age of massage personnel. (b) Education and experience of massage personnel. (c) Passage by massage personnel of a practical examination of competence. (d) Sanitary conditions of the massage establishment. (e) Hours of operation of the massage business. (f) Prohibition of the sale or serving of food or beverage or the conducting of nonmassage business on the premises of the massage business. In the event that the business premises in which such massage business is conducted possesses or is qualified to possess a certificate of occupancy issued by such city or county, the prohibition of this subdivision shall apply only to the portion of the premises exclusively devoted to the conduct of the massage business. (Added by Stats. 1976, Ch. 1352.)
  142. 51032.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Massage [51030 - 51034] ( Chapter 6 added by Stats. 1976, Ch. 1352. )

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    An ordinance may allow denial of a massage business license for certain convictions, and must deny the license if the massage personnel or business owners/operators must register under Penal Code Section 290.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Massage [51030 - 51034] ( Chapter 6 added by Stats. 1976, Ch. 1352. ) ## 51032. (a) The ordinance may also provide that a license to engage in the business of massage may be denied upon a showing by the licensing authority of either of the following: (1) Proof that the massage personnel and the owners or operators of a massage business have been convicted of a violation of Section 266i, 315, 316, 318, or subdivision (b) of Section 647 of the Penal Code, or proof that the massage personnel or the owners or operators of a massage business have been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses of this subdivision. (2) Proof that the massage personnel and the owners or operators of a massage business have been convicted of any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code or proof that the massage personnel or the owners or operators of the massage business have been convicted in any other state of any offense which, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses of this subdivision. (b) The ordinance shall also provide that a license to engage in the business of massage shall be denied upon a showing by the licensing authority of proof that the massage personnel or the owners or operators of a massage business are required to register under the provisions of Section 290 of the Penal Code. (Amended by Stats. 2005, Ch. 165, Sec. 1. Effective January 1, 2006.)
  143. 51033.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Massage [51030 - 51034] ( Chapter 6 added by Stats. 1976, Ch. 1352. )

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    This chapter generally does not apply to cosmetologists, barbers, or licensed healing art practitioners acting within their license, but it does apply to certain independent contractors engaged in massage.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Massage [51030 - 51034] ( Chapter 6 added by Stats. 1976, Ch. 1352. ) ## 51033. (a) This chapter does not apply to cosmetologists, barbers, or to persons licensed to practice any healing art pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or the Chiropractic Act when engaging in this practice within the scope of his or her license. (b) Notwithstanding any other provision of law, this chapter shall apply to an independent contractor of any person described in subdivision (a) if the independent contractor is engaged in, or is purported to be engaged in, the business of massage. (Amended by Stats. 2002, Ch. 1053, Sec. 1. Effective January 1, 2003.)
  144. 51034.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Massage [51030 - 51034] ( Chapter 6 added by Stats. 1976, Ch. 1352. )

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    Cities and counties keep existing authority to regulate lawful massage businesses, but they may not pass or enforce ordinances that conflict with this section or Chapter 10.5, and they are barred from several specified restrictions on massage businesses and certified providers.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6. Massage [51030 - 51034] ( Chapter 6 added by Stats. 1976, Ch. 1352. ) ## 51034. (a) The Legislature in enacting this chapter recognizes the existing power of a city or county to regulate a lawful massage business pursuant to Section 37101, or pursuant to Section 16000 or 16100 of the Business and Professions Code, or under Section 7 of Article XI of the California Constitution. (b) Nothing contained in this chapter shall be a limitation on that existing power or on the existing authority of a city to license for revenue purposes. A city, county, or city and county shall not enact or enforce an ordinance that conflicts with the provisions of this section or Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code. (c) Nothing contained in this chapter shall authorize a city, county, or city and county to do any of the following: (1) Prohibit a person of one sex from engaging in the massage of a person of the other sex. (2) Define a massage establishment as an adult entertainment business, or otherwise regulate a massage establishment as adult entertainment. (3) Require a massage establishment to have windows or walls that do not extend from the floor to ceiling, or have other internal physical structures, including windows, that interfere with a client’s reasonable expectation of privacy. (4) Require a massage establishment to have a shower or bath. (5) Impose client draping requirements that extend beyond the covering of genitalia and female breasts, or otherwise mandate that the client wear special clothing. (6) Prohibit a massage establishment from locking its external doors if the massage establishment is a business entity owned by one individual with one or no employees or independent contractors. (7) Require a massage establishment to post any notice in an area that may be viewed by clients that contains explicit language describing sexual acts, mentions genitalia, or specific contraception devices. (8) Impose a requirement that a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code take any test, medical examination, or background check, including a criminal background check or requiring submission of fingerprints for a federal or state criminal background check, or comply with education requirements beyond what is required by Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code. (9) Impose a requirement that an individual holding a certificate issued in accordance with Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code, obtain any other license, permit, certificate, or other authorization to provide massage for compensation. However, this paragraph shall not be construed to prohibit a city, county, or city and county from requiring by ordinance that a massage business or establishment obtain a license, permit, certificate, or other authorization in order to operate lawfully within the jurisdiction. (10) Impose a dress code requirement on a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code in excess of those already imposed pursuant to paragraph (10) of subdivision (a) of Section 4609 of the Business and Professions Code. (11) Prohibit a person certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code from performing massage for compensation on the gluteal muscles, prohibit specific massage techniques recognized by the California Massage Therapy Council as legitimate, or impose any other specific restriction on professional practice beyond those set forth in subparagraph (E) of paragraph (1) of subdivision (a) of Section 4609 of the Business and Professions Code, except as authorized by Section 460 of the Business and Professions Code. (Amended by Stats. 2016, Ch. 411, Sec. 9. (AB 2194) Effective January 1, 2017.)
  145. 51035.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.1. Cottage Food Operations [51035- 51035.] ( Chapter 6.1 added by Stats. 2012, Ch. 415, Sec. 2. )

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    Cities and counties may not prohibit cottage food operations in residential dwellings and must allow them through zoning or permit procedures.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.1. Cottage Food Operations [51035- 51035.] ( Chapter 6.1 added by Stats. 2012, Ch. 415, Sec. 2. ) ## 51035. (a) A city, county, or city and county shall not prohibit a cottage food operation, as defined in Section 113758 of the Health and Safety Code, in any residential dwellings, but shall do one of the following: (1) Classify a cottage food operation as a permitted use of residential property for zoning purposes. (2) Grant a nondiscretionary permit to use a residence as any cottage food operation that complies with local ordinances prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to those homes. Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan. The permit issued pursuant to this paragraph shall be granted by the zoning administrator, or if there is no zoning administrator, by the person or persons designated by the planning agency to grant these permits, upon the certification without a hearing. (3) Require any cottage food operation to apply for a permit to use a residence for its operation. The zoning administrator, or if there is no zoning administrator, the person or persons designated by the planning agency to handle the use permits, shall review and decide the applications. The use permit shall be granted if the cottage food operation complies with local ordinances, if any, prescribing reasonable standards, restrictions, and requirements concerning the following factors: spacing and concentration, traffic control, parking, and noise control relating to those homes. Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan. The local government shall process any required permit as economically as possible. Fees charged for review shall not exceed the costs of the review and permit process. An applicant may request a verification of fees, and the city, county, or city and county shall provide the applicant with a written breakdown within 45 days of the request. The application form for cottage food operation permits shall include a statement of the applicant’s right to request the written fee verification. (b) In connection with any action taken pursuant to paragraph (2) or (3) of subdivision (a), a city, county, or city and county shall do all of the following: (1) Upon the request of an applicant, provide a list of the permits and fees that are required by the city, county, or city and county, including information about other permits that may be required by other departments in the city, county, or city and county, or by other public agencies. The city, county, or city and county shall, upon request of any applicant, also provide information about the anticipated length of time for reviewing and processing the permit application. (2) Upon the request of an applicant, provide information on the breakdown of any individual fees charged in connection with the issuance of the permit. (3) If a deposit is required to cover the cost of the permit, provide information to the applicant about the estimated final cost to the applicant of the permit, and procedures for receiving a refund from the portion of the deposit not used. (c) Use of a residence for the purposes of a cottage food operation shall not constitute a change of occupancy for purposes of the State Housing Law (Part 1.5 (commencing with Section 17910) of Division 13 of the Health and Safety Code), or for purposes of local building and fire codes. (d) Cottage food operations shall be considered residences for the purposes of the State Uniform Building Standards Code and local building and fire codes. (Added by Stats. 2012, Ch. 415, Sec. 2. (AB 1616) Effective January 1, 2013.)
  146. 51036.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.2. Sidewalk Vendors [51036 - 51039] ( Chapter 6.2 added by Stats. 2018, Ch. 459, Sec. 2. )

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    This section defines key terms used in the sidewalk vendor chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.2. Sidewalk Vendors [51036 - 51039] ( Chapter 6.2 added by Stats. 2018, Ch. 459, Sec. 2. ) ## 51036. For purposes of this chapter, the following definitions apply: (a) “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. (b) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction. (c) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (d) “Local authority” means a chartered or general law city, county, or city and county. (e) “Personally identifiable information” means an individual’s name, business name, home address, business address, birthdate, telephone number, business location, California driver’s license or identification number, individual taxpayer identification number, municipal identification number, government-issued identification number, consular identification, social media identifiers, employer identification number, business license number, seller’s permit number, social security number, vending registration certificate or license number, known place of work, income and tax information, and any other information that would identify the individual. (f) “Immigration enforcement” means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any state or federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States. (Amended by Stats. 2025, Ch. 463, Sec. 3. (SB 635) Effective January 1, 2026.)
  147. 51037.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.2. Sidewalk Vendors [51036 - 51039] ( Chapter 6.2 added by Stats. 2018, Ch. 459, Sec. 2. )

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    A local authority generally may not regulate sidewalk vendors unless it does so under Sections 51038 and 51039.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.2. Sidewalk Vendors [51036 - 51039] ( Chapter 6.2 added by Stats. 2018, Ch. 459, Sec. 2. ) ## 51037. (a) A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039. (b) Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food. (c) Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter. (Added by Stats. 2018, Ch. 459, Sec. 2. (SB 946) Effective January 1, 2019.)
  148. 51038.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.2. Sidewalk Vendors [51036 - 51039] ( Chapter 6.2 added by Stats. 2018, Ch. 459, Sec. 2. )

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    Local authorities may regulate sidewalk vendors, but they cannot impose many location, consent, disclosure, or information-collection limits beyond the section’s exceptions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.2. Sidewalk Vendors [51036 - 51039] ( Chapter 6.2 added by Stats. 2018, Ch. 459, Sec. 2. ) ## 51038. (a) A local authority may adopt a program to regulate sidewalk vendors in compliance with this section. (b) A local authority’s sidewalk vending program shall comply with all of the following standards: (1) A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns. (2) (A) A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. (B) Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following: (i) Directly related to objective health, safety, or welfare concerns. (ii) Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities. (iii) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. (3) A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before they can sell food or merchandise. (4) (A) A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns. (B) Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors. (5) A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, unless the restriction is directly related to objective health, safety, or welfare concerns. (6) Except as otherwise required by state or federal law, a local authority shall not provide voluntary consent to any individual to access, review, or obtain any of the local authority’s records obtained pursuant to this chapter that include personally identifiable information of any sidewalk vendors in the jurisdiction without a subpoena or judicial warrant. This paragraph does not prohibit a local authority from challenging the validity of a subpoena or judicial warrant in a federal district court. (7) A local authority and its personnel shall not disclose or provide in writing, verbally, or in any other manner, personally identifiable information of any sidewalk vendor obtained pursuant to this chapter that is requested, except pursuant to a subpoena or a valid judicial warrant. (c) (1) A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following: (A) Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (B) Requirements to maintain sanitary conditions. (C) Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards. (D) Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license meets the following requirements: (i) The local authority shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and the number collected shall not be available to the public for inspection, shall be confidential, and shall not be disclosed except as required to administer the permit or licensure program or to comply with a state law or state or federal court order. (ii) The local authority shall not inquire into or collect information about an individual’s immigration or citizenship status or place of birth. (iii) (I) The local authority shall not inquire into or collect information or documentation regarding an individual’s criminal history, and shall not require an applicant to submit fingerprints, complete a LiveScan fingerprinting, or submit to a background check as part of an application for a permit or valid business license for sidewalk vending. (II) Notwithstanding any other law, including Division 10 (commencing with Section 7920.000) of Title 1, a local authority that inquired into or collected information or documentation regarding an individual’s place of birth or criminal history, required an applicant to submit fingerprints or complete a LiveScan fingerprinting, or performed a background check before January 1, 2026, shall destroy those records on or before March 1, 2026, unless those records are expressly required by law to be preserved. (E) Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit. (F) Requiring additional licenses from other state or local agencies to the extent required by law. (G) Requiring compliance with other generally applicable laws. (H) Requiring a sidewalk vendor to submit information on their operations, including, but not limited to, any of the following: (i) The name and current mailing address of the sidewalk vendor. (ii) A description of the merchandise offered for sale or exchange. (iii) A certification by the vendor that to their knowledge and belief, the information contained on the form is true. (iv) The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor. (v) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (2) Any personally identifiable information collected by a local authority pursuant to this subdivision shall be exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (d) Notwithstanding subdivision (b), a local authority may do both of the following: (1) Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. (2) Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (e) For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern. (Amended by Stats. 2025, Ch. 463, Sec. 4. (SB 635) Effective January 1, 2026.)
  149. 51039.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.2. Sidewalk Vendors [51036 - 51039] ( Chapter 6.2 added by Stats. 2018, Ch. 459, Sec. 2. )

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    This section limits how local authorities may punish sidewalk vending violations and restricts certain enforcement actions. It also gives vendors and affected people some procedural options, including ability-to-pay review and petitioning for dismissal in some cases.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.2. Sidewalk Vendors [51036 - 51039] ( Chapter 6.2 added by Stats. 2018, Ch. 459, Sec. 2. ) ## 51039. (a) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following: (A) An administrative fine not exceeding one hundred dollars ($100) for a first violation. (B) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. (C) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. (2) A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. (3) (A) If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1): (i) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. (ii) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. (iii) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. (B) Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively. (b) The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority. (c) Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed. (d) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. (2) Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed. (e) A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) of Section 51038. (f) (1) When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). (3) The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (g) (1) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in their case. (2) Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid. (3) Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1). (4) If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition. (5) Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner. (6) Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter. (h) (1) When enforcing any provision of, or regulation adopted pursuant to, this part regulating a sidewalk vendor, an agency or department of a local authority shall not do any of the following: (A) Use local authority moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this chapter. (B) Inquire into an individual’s immigration status. (C) Place local authority personnel under the supervision of an agency conducting immigration enforcement, or employ local authority personnel deputized under the authority of an agency conducting immigration enforcement. (D) Use an officer or employee of an agency conducting immigration enforcement as an interpreter for local authority matters, or use local authorities as interpreters for officers or employees of an agency conducting immigration enforcement. (2) For purposes of this subdivision, “agency or department of a local authority” includes any nonpublic entity that a local authority has delegated or assigned authority to, or has entered into a contract with, for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this chapter. (3) A contract between a nonpublic entity and a local authority for the purpose of enforcing any provisions of, or regulation adopted pursuant to, this chapter entered into or modified on or after January 1, 2026, shall require the nonpublic entity to explicitly agree to adhere to the requirements of this subdivision, and shall be immediately terminated if it is found that the nonpublic entity has violated this subdivision. (i) When enforcing any provision of, or regulation adopted pursuant to, this part regulating a sidewalk vendor, an agency or department of a local authority that has been authorized to make arrests pursuant to Section 836.5 of the Penal Code shall not use local authority moneys or personnel to investigate, interrogate, detain, detect, or arrest persons for purposes other than those identified in this chapter. (j) This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code. (Amended by Stats. 2025, Ch. 463, Sec. 5. (SB 635) Effective January 1, 2026.)
  150. 5104.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

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    This section defines “order” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 5104. As used in this chapter, “order” means declaration, proclamation, or order of any officer or court having jurisdiction to make the declaration, proclamation, or order. (Enacted by Stats. 1943, Ch. 134.)
  151. 51040.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.3. Urban Agriculture Incentive Zones [51040 - 51042] ( Chapter 6.3 added by Stats. 2013, Ch. 406, Sec. 1. )

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    This chapter may be cited as the Urban Agriculture Incentive Zones Act.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.3. Urban Agriculture Incentive Zones [51040 - 51042] ( Chapter 6.3 added by Stats. 2013, Ch. 406, Sec. 1. ) ## 51040. This chapter shall be known, and may be cited, as the Urban Agriculture Incentive Zones Act. (Added by Stats. 2013, Ch. 406, Sec. 1. (AB 551) Effective January 1, 2014.)
  152. 51040.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.3. Urban Agriculture Incentive Zones [51040 - 51042] ( Chapter 6.3 added by Stats. 2013, Ch. 406, Sec. 1. )

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    The Legislature states that promoting sustainable urban farm enterprise sectors in urban centers is in the public interest.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.3. Urban Agriculture Incentive Zones [51040 - 51042] ( Chapter 6.3 added by Stats. 2013, Ch. 406, Sec. 1. ) ## 51040.1. The Legislature finds and declares that it is in the public interest to promote sustainable urban farm enterprise sectors in urban centers. The Legislature further finds and declares the small-scale, active production of marketable crops and animal husbandry, including, but not limited to, foods, flowers, and seedlings, in urban centers is consistent with, and furthers, the purposes of this act. (Added by Stats. 2013, Ch. 406, Sec. 1. (AB 551) Effective January 1, 2014.)
  153. 51040.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.3. Urban Agriculture Incentive Zones [51040 - 51042] ( Chapter 6.3 added by Stats. 2013, Ch. 406, Sec. 1. )

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    This section defines key terms used in the chapter, including “Urban,” “Urban Agriculture Incentive Zone,” and “Agricultural use.”

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.3. Urban Agriculture Incentive Zones [51040 - 51042] ( Chapter 6.3 added by Stats. 2013, Ch. 406, Sec. 1. ) ## 51040.3. For purposes of this chapter, the following terms have the following meanings: (a) “Urban” means an area within the boundaries of an urbanized area, as that term is used by the United States Census Bureau, that includes at least 250,000 people. (b) “Urban Agriculture Incentive Zone” means an area within a county or a city and county that is comprised of individual properties designated as urban agriculture preserves by the county or the city and county for farming purposes. (c) “Agricultural use” means farming in all its branches including, but not limited to, the cultivation and tillage of the soil, the production, cultivation, growing, and harvesting of any agricultural or horticultural products, the raising of livestock, bees, fur-bearing animals, dairy-producing animals, and poultry, agricultural education, the sale of produce through field retail stands or farms stands as defined by Article 5 (commencing with Section 47030) of Chapter 10.5 of Division 17 of the Food and Agricultural Code, and any practices performed by a farmer or on a farm as an incident to or in conjunction with farming operations. For purposes of this chapter, the term “agricultural use” does not include timber production. (Added by Stats. 2013, Ch. 406, Sec. 1. (AB 551) Effective January 1, 2014.)
  154. 51042.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.3. Urban Agriculture Incentive Zones [51040 - 51042] ( Chapter 6.3 added by Stats. 2013, Ch. 406, Sec. 1. )

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    Cities and counties may create Urban Agriculture Incentive Zones and contract with landowners for urban agriculture, but contracts must meet specified limits and some post-2029 and location restrictions apply.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.3. Urban Agriculture Incentive Zones [51040 - 51042] ( Chapter 6.3 added by Stats. 2013, Ch. 406, Sec. 1. ) ## 51042. (a) (1) (A) A county or city and county may, after a public hearing, establish by ordinance an Urban Agriculture Incentive Zone within its boundaries for the purpose of entering into enforceable contracts with landowners, on a voluntary basis, for the use of vacant, unimproved, or blighted lands for small-scale agricultural use. (B) A city may, after a public hearing and approval from the board of supervisors of the county in which the city is located, establish by ordinance an Urban Agriculture Incentive Zone within its boundaries for the purpose of entering into enforceable contracts with landowners, on a voluntary basis, for the use of vacant, unimproved, or blighted lands for small-scale agricultural use. (2) Following the adoption of the ordinance pursuant to paragraph (1), a city, county, or city and county that has established an Urban Agriculture Incentive Zone within its boundaries may adopt rules and regulations consistent with the city, county, or city and county’s zoning and other ordinances, for the implementation and administration of the Urban Agriculture Incentive Zone and of contracts related to that Urban Agriculture Incentive Zone. (A) The city, county, or city and county may impose a fee upon contracting landowners for the reasonable costs of implementing and administering contracts. (B) The city, county, or city and county shall impose a fee equal to the cumulative value of the tax benefit received during the duration of the contract upon landowners for cancellation of any contract prior to the expiration of the contract, unless the city, county, or city and county makes a determination that the cancellation was caused by extenuating circumstances despite the good faith effort by the landowner. (b) Following the adoption of the ordinance as required by subdivision (a), a city, county, or a city and county may enter into a contract with a landowner to enforceably restrict the use of the land subject to the contract to uses consistent with urban agriculture. Any contract entered into pursuant to this chapter shall include, but is not limited to, all of the following provisions: (1) An initial term of not less than five years. (2) A restriction on property, or combination of contiguous properties, that is at least 0.1 acres, and not more than three acres. (3) A requirement that the entire property, or combination of contiguous properties, subject to the contract shall be dedicated toward commercial or noncommercial agricultural use. (4) A prohibition against any dwellings on the property while under contract. (5) A notification that if a landowner cancels a contract, a city, county, or city and county is required to assess a cancellation fee, pursuant to subparagraph (B) of paragraph (2) of subdivision (a). (c) A contract entered into pursuant to this chapter shall not prohibit the use of structures that support agricultural activity, including, but not limited to, toolsheds, greenhouses, produce stands, and instructional space. (d) A contract entered into pursuant to this chapter that includes a prohibition on the use of pesticide or fertilizers on properties under contract shall permit those pesticides or fertilizers allowed by the United States Department of Agriculture’s National Organic Program. (e) A city, county, or city and county shall not enter into a new contract, or renew an existing contract pursuant to this chapter after January 1, 2029. Any contract entered into pursuant to this chapter on or before January 1, 2029, shall be valid and enforceable for the duration of the contract. (f) Property subject to a contract entered into pursuant to this chapter shall be assessed pursuant to Section 422.7 of the Revenue and Taxation Code during the term of the contract. (g) A county or a city and county shall not establish an Urban Agriculture Incentive Zone within any portion of the spheres of influence of a city unless the legislative body of the city has consented to the establishment of the Urban Agriculture Incentive Zone. (h) A city, county, or city and county shall not establish an Urban Agriculture Incentive Zone in any area that is currently subject to, or has been subject to within the previous three years, a contract pursuant to the Williamson Act (Article 1 (commencing with Section 51200) of Chapter 7 of Part 1 of Division 1 of Title 5). (Amended by Stats. 2017, Ch. 313, Sec. 1. (AB 465) Effective January 1, 2018.)
  155. 5105.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If a bonded debt is reduced, extended, or otherwise changed by law or order, the guarantors’ obligations change in the same way.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 5105. Whenever by operation of law or by order the bonded indebtedness of any issuing body is reduced in amount, the interest thereon reduced, the time for the payment thereof or of any tax or assessment levied to pay the indebtedness, the interest thereon, or any portion of both or either of them, extended, or any other term or condition for the payment thereof altered, the obligations of all guarantors are reduced as to principal and interest, or either of them, extended as to the time of payment and altered as to any and all terms thereof in the same manner and to the same extent as the obligation or obligations of the issuing body and the tax or assessment payers, or either of them, are reduced, extended or altered. (Enacted by Stats. 1943, Ch. 134.)
  156. 51050.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    A city or county with a general plan may accept open-space easement grants for privately owned land within its boundaries, but not on or after January 1, 1975.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51050. Any city or county which has adopted a general plan may accept grants of open-space easements on privately owned lands lying within the city or county in the manner provided in this chapter, provided no city or county shall accept any grants of open-space easements pursuant to this chapter on or after January 1, 1975. (Amended by Stats. 1974, Ch. 1003.)
  157. 51051.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    This section defines “grant of an open-space easement” and “owner” for this chapter.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51051. As used in this chapter, the following terms have the following meanings: (a) “Grant of an open-space easement” means a grant by an instrument whereby the owner relinquishes to the public, either in perpetuity or for a term of years, the right to construct improvements upon the land except as may be expressly reserved in the instrument and which contains a covenant with the city or county, running with the land, either in perpetuity or for a term of years, not to construct or permit the construction of any improvements, except as that right is expressly reserved in the instrument and except for public service facilities installed for the benefit of the land subject to any covenant or public service facilities installed pursuant to an authorization by the governing body of the city or county or the Public Utilities Commission. Any such reservation shall be consistent with the purposes of this chapter or with the findings of the county or city pursuant to Section 51056 and shall not permit any action that will materially impair the open-space character of the land. (b) “Owner” means any lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the easement or any extension thereof. (Amended by Stats. 2012, Ch. 875, Sec. 1. (SB 1501) Effective January 1, 2013.)
  158. 51053.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    If an instrument described in Section 51051(a) is executed and accepted, it dedicates the land’s open-space character to the public, and the easement and covenant must last at least 20 years.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51053. The execution and acceptance of an instrument described in subdivision (a) of Section 51051 shall constitute a dedication to the public of the open-space character of the lands for the term specified. Any such easement and covenant shall run for a term of not less than 20 years. (Amended by Stats. 2012, Ch. 875, Sec. 3. (SB 1501) Effective January 1, 2013.)
  159. 51054.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    A city or county may require an instrument to include covenants limiting resource extraction or tree cutting, with exceptions for protective and scenic harvesting activities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51054. An instrument described in subdivision (a) of Section 51051 may contain, and the city or county in appropriate cases may require that it contain, a covenant against the extraction of natural resources or other activities which may destroy the unique physical and scenic characteristics of the land or a covenant against the cutting of timber, trees and other natural growth, except as may be required for fire prevention, thinning, elimination of diseased growth and similar protective measures, or for the harvest of trees in a manner compatible with scenic purposes. (Amended by Stats. 2012, Ch. 875, Sec. 4. (SB 1501) Effective January 1, 2013.)
  160. 51055.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    An instrument covered by Section 51051(a) is not effective until the city or county governing body accepts it by resolution and the acceptance is endorsed on it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51055. An instrument described in subdivision (a) of Section 51051 shall not be effective until it has been accepted by resolution of the governing body of the city or county and its acceptance endorsed thereon. (Amended by Stats. 2012, Ch. 875, Sec. 5. (SB 1501) Effective January 1, 2013.)
  161. 51056.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    A city or county may not accept an open-space easement unless its governing body adopts a resolution making the required findings.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51056. No grant of an open-space easement shall be accepted by a city or county, unless the governing body, by resolution, finds: (a) That the preservation of the land as open space is consistent with the general plan of the city and county; and (b) That the preservation of the land as open space is in the best interest of the state, county, or city and is important to the public for the enjoyment of scenic beauty, for the use of natural resources, for recreation, or for the production of food or fiber and specifically because one or more of the following reasons exist: (1) It is likely that at some time the public may acquire the land for a park or other public use. (2) The land is unimproved and has scenic value to the public as viewed from a public highway or from public or private buildings. (3) The retention of the land as open space will add to the amenities of living in adjoining or neighboring urbanized areas. (4) The land lies in an area which in the public interest should remain rural in character and the retention of the land as open space will help preserve the rural character of the area. (5) It is in the public interest that the land remain in its natural state, including the trees and other natural growth, as a means of preventing floods or because of its value as watershed. (6) The land lies within an established scenic highway corridor. (7) The land is valuable to the public as a wildlife preserve or sanctuary and the instrument contains appropriate covenants to that end. (8) The public interest will otherwise be served in a manner recited in the resolution and consistent with the purposes of this subdivision and Article XXVIII of the Constitution of the State of California. The resolution of the governing body shall establish a conclusive presumption that the conditions set forth in subdivisions (a) and (b) have been satisfied. (Added by Stats. 1969, Ch. 762.)
  162. 51057.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    A city or county governing body may not accept an open-space easement grant until it has been referred to planning staff or the planning commission and a report has been received.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51057. The governing body of the city or county shall not accept any grant of an open-space easement until the matter has first been referred to the city or county planning department or planning commission and a report thereon has been received from the planning department or planning commission. Within 30 days after receiving the proposal to accept a grant of an open-space easement, the planning department or planning commission shall submit its report to the governing body. The governing body may extend the time for submitting such a report for an additional period not exceeding 30 days. The report shall contain a statement that the proposal is, or is not, consistent with the general plan of the jurisdiction. (Added by Stats. 1969, Ch. 762.)
  163. 51058.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    After an open-space easement is accepted and endorsed, the city or county may not issue a building permit for a structure that would violate it, and the city or county must seek injunctions to stop or remove violating activity or structures.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51058. From and after the time when an open-space easement has been accepted by the city or county and its acceptance endorsed thereon, no building permit may be issued for any structure which would violate the easement and the city or county shall seek by appropriate proceedings an injunction against any threatened construction or other development or activity on the land which would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement. In the event the county or city fails to seek an injunction against any threatened construction or other development or activity on the land which would violate the easement or to seek a mandatory injunction requiring the removal of any structure erected in violation of the easement, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the easement, the owner of any property within the county or city, or any resident thereof, may, by appropriate proceedings, seek such an injunction. Nothing in this chapter shall limit the power of the state, or any department or agency thereof, or any county, city, school district, or any other local public district, agency or entity, or any other person authorized by law, to acquire land subject to an open-space easement by eminent domain. (Added by Stats. 1969, Ch. 762.)
  164. 51059.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    When an open-space easement instrument is accepted, the clerk must record it with the county recorder and file a copy with the county assessor.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51059. Upon the acceptance of any instrument creating an open-space easement the clerk of the governing body shall record the same in the office of the county recorder and file a copy thereof with the county assessor. The recording shall be consistent with Section 27255. From and after the time of the recordation, the contract shall impart the notice thereof to all persons as is afforded by the recording laws of this state. (Amended by Stats. 2012, Ch. 875, Sec. 6. (SB 1501) Effective January 1, 2013.)
  165. 5106.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If an issuing body defaults on its bonded debt, guarantors’ obligations are extended for the default period, up to three years after the default begins.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 5106. Whenever by operation of law or by order any issuing body defaults in the payment of its bonded indebtedness, the obligations of guarantors shall be extended for the period of the default but not to exceed three years after the commencement thereof. (Enacted by Stats. 1943, Ch. 134.)
  166. 51060.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    A city or county governing body may accept an instrument extending the term of an open-space easement.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51060. From time to time, the governing body of any city or county may accept an instrument whereby the term of any open-space easement is extended in the same manner as is provided for the acceptance of an instrument originally creating an open-space easement. Upon the acceptance thereof the same shall be recorded in the office of the county recorder and a copy thereof filed with the county assessor. (Added by Stats. 1969, Ch. 762.)
  167. 51061.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    A city or county governing body may abandon an open-space easement by resolution, but only after referral, hearings, notice, and an assessor valuation step. The owner must pay 50% of the new assessed value unless the payment is waived with required approvals.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51061. The governing body of any city or county at any time may, by resolution, abandon an open-space easement, if it finds that no public purpose described in subdivision (b) of Section 51056 will be served any longer by keeping the land as open space. No resolution abandoning an open-space easement shall be finally adopted until the matter has been referred to the city or county planning commission, the commission has held a public hearing thereon and furnished a report on the matter to the governing body and the governing body has held at least one public hearing thereon after giving 30 days notice thereof by publication in accordance with Section 6061, and by posting notice on the land. Prior to approval of the resolution abandoning an open-space easement, the governing body shall direct the county assessor to assess the land, as if the easement did not exist, and to report such new assessed value to the governing body. As a condition of the abandonment of the easement, the owner shall pay to the county or city an amount equal to 50 percent of the new assessed value of the land; provided, however, that the governing body may waive all or any portion of such payment, if it finds that it is consistent with the public interest to do so, and if the waiver is approved by the Secretary of the Resources Agency. Any such payment not waived shall be considered deferred taxes, and a sum equal to the sum actually collected shall be transmitted by the treasurer of the county or city to the State Controller and be deposited in the State General Fund. (Amended by Stats. 1971, 1st Ex. Sess., Ch. 1.)
  168. 51062.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    If a certified copy of a resolution abandoning an open-space easement is recorded with the county recorder and the resolution says Section 51061 was complied with, the land is relieved of the easement and the owner’s covenants end.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51062. Upon the recording in the office of the county recorder of a certified copy of any resolution abandoning the open-space easement and reciting compliance with the provisions of Section 51061, the land subject thereto shall be deemed relieved of the easement and the covenants of the owner contained therein shall be deemed terminated. (Added by Stats. 1969, Ch. 762.)
  169. 51063.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    If land covered by a gifted open-space easement is condemned for public use, the easement ends and the owner gets compensation as if the land were not burdened by the easement.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51063. If any land or a portion thereof as to which any city or county has accepted an open-space easement is thereafter sought to be condemned for public use and the city or county received the easement as a gift without the payment of any compensation therefor, the easement shall terminate as of the time of the filing of the complaint in condemnation as to the land or portion thereof sought to be taken for public use, and the owner shall be entitled to such compensation for the taking as he would have been entitled to had the land not been burdened by the easement. (Added by Stats. 1969, Ch. 762.)
  170. 51064.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    Lands covered by an open-space easement under this chapter are treated as enforceably restricted.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51064. Lands subject to the grant of an open-space easement executed and accepted in accordance with this chapter shall be deemed to be enforceably restricted within the meaning of Section 8 of Article XIII of the Constitution of the State of California. (Amended by Stats. 1975, Ch. 224.)
  171. 51065.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. )

    Verify source ↗

    Cities and counties may acquire scenic easements or other property rights by gift, purchase, or other means to preserve open space or for other lawful purposes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.5. Open-Space Easements [51050 - 51065] ( Chapter 6.5 added by Stats. 1969, Ch. 762. ) ## 51065. Nothing in this chapter shall be deemed to prevent or restrict the right or power of any city or county to acquire by gift, purchase or otherwise scenic easements or other rights in property for the purpose of preserving open space or for any other purpose under any other provisions of law. (Added by Stats. 1969, Ch. 762.)
  172. 5107.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Relief for guarantors is limited to the amount of default in the bonds’ principal, interest, or both.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 5107. The relief of guarantors is limited to the extent of defaults in principal, interest, or both principal and interest of the bonds guaranteed. (Enacted by Stats. 1943, Ch. 134.)
  173. 51070.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 1. Declaration [51070 - 51073] ( Article 1 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    The Legislature states that this chapter is meant to let any county or city acquire or approve open-space easements, either forever or for a set term, to preserve and maintain open space.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 1. Declaration [51070 - 51073] ( Article 1 added by Stats. 1974, Ch. 1003. ) ## 51070. It is the intent of the Legislature in enacting this chapter to provide a means whereby any county or city may acquire or approve an open-space easement in perpetuity or for a term of years for the purpose of preserving and maintaining open space. (Amended by Stats. 1977, Ch. 1178.)
  174. 51071.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 1. Declaration [51070 - 51073] ( Article 1 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    The Legislature states that urban growth is encroaching on open-space land that is needed for economic, food, scenic, recreational, and natural-resource purposes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 1. Declaration [51070 - 51073] ( Article 1 added by Stats. 1974, Ch. 1003. ) ## 51071. The Legislature finds that the rapid growth and spread of urban development is encroaching upon, or eliminating open-space lands which are necessary not only for the maintenance of the economy of the state, but also for the assurance of the continued availability of land for the production of food and fiber, for the enjoyment of scenic beauty, for recreation and for the use and conservation of natural resources. (Added by Stats. 1974, Ch. 1003.)
  175. 51072.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 1. Declaration [51070 - 51073] ( Article 1 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    The Legislature states that preserved and maintained open-space lands are important assets for urban development.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 1. Declaration [51070 - 51073] ( Article 1 added by Stats. 1974, Ch. 1003. ) ## 51072. The Legislature hereby declares that open-space lands, if preserved and maintained, would constitute important physical, social, economic or aesthetic assets to existing or pending urban development. (Added by Stats. 1974, Ch. 1003.)
  176. 51073.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 1. Declaration [51070 - 51073] ( Article 1 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    The Legislature states that acquiring open-space easements serves the public interest and is a public purpose, allowing public funds to be used or advanced for that purpose.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 1. Declaration [51070 - 51073] ( Article 1 added by Stats. 1974, Ch. 1003. ) ## 51073. The Legislature further declares that the acquisition of open-space easements is in the public interest and constitutes a public purpose for which public funds may be expended or advanced. (Added by Stats. 1974, Ch. 1003.)
  177. 51075.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 2. Definitions [51075- 51075.] ( Article 2 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    This section defines key terms used in the chapter, including open-space land, city, landowner, open-space easement, open-space plan, and nonprofit organization.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 2. Definitions [51075- 51075.] ( Article 2 added by Stats. 1974, Ch. 1003. ) ## 51075. As used in this chapter, unless otherwise apparent from the context: (a) “Open-space land” means any parcel or area of land or water which is essentially unimproved and devoted to an open-space use as defined in Section 65560 of the Government Code. (b) “City” means any city or city and county. (c) “Landowner” includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the open-space restriction or any extension thereof. (d) “Open-space easement” means any right or interest in perpetuity or for a term of years in open-space land acquired by a county, city, or nonprofit organization pursuant to this chapter where the deed or other instrument granting such right or interest imposes restrictions which, through limitation of future use, will effectively preserve for public use or enjoyment the natural or scenic character of such open-space land. An open-space easement shall contain a covenant with the county, city, or nonprofit organization running with the land, either in perpetuity or for a term of years, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument provided that such reservation would not be inconsistent with the purposes of this chapter and which would not be incompatible with maintaining and preserving the natural or scenic character of the land. Any such convenant shall not prohibit the construction of either public service facilities installed for the benefit of the land subject to such covenant or public service facilities installed pursuant to an authorization by the governing body of the county or city or the Public Utilities Commission. (e) “Open-space plan” means the open-space element of a county or city general plan adopted by the local governing body pursuant to Section 65560 of the Government Code. (f) “Nonprofit organization” means any organization qualifying under Section 501(c)(3) of the Internal Revenue Code in the preceding tax year, and which includes the preservation of open space as a stated purpose in its articles of incorporation. Such qualification shall be demonstrated by a letter of determination from the Internal Revenue Service. (Amended by Stats. 1977, Ch. 1178.)
  178. 5108.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If guarantors act as trustee, or a trustee holds and administers the bonds, the trustee must distribute interest and principal to the trust beneficiaries in proportion to what is received.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 2. Protection of Bond Guarantors [5100 - 5108] ( Chapter 2 enacted by Stats. 1943, Ch. 134. ) ## 5108. If the guarantors function in the capacity of trustee or if the custody of the bonds is in the possession of a trustee, and administered by the trustee, he shall be required to distribute interest and principal, in the proportion that each is received by him, to the beneficiaries under the trust. (Enacted by Stats. 1943, Ch. 134.)
  179. 51080.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    A county or city with an adopted open-space plan may accept or approve an open-space easement grant for privately owned land within its boundaries.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. ) ## 51080. Any county or city which has an adopted open-space plan may accept or approve a grant of an open-space easement on privately owned lands lying within the county or city in the manner provided in this chapter. (Amended by Stats. 1977, Ch. 1178.)
  180. 51081.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    This section says that signing and accepting certain open-space easement documents dedicates the land’s open-space character to the public, the easement term must be at least 10 years, and the term can renew automatically each year unless nonrenewal notice is given.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. ) ## 51081. The execution and acceptance of a deed or other instrument described in subdivision (d) of Section 51075 shall constitute a dedication to the public of the open-space character of the lands for the term specified. Any such easement and covenant shall run for a term of not less than 10 years. An open-space easement for a term of years shall provide that on the anniversary date of the acceptance of the open-space easement or on such other annual date as specified by the deed or other instrument described in subdivision (d) of Section 51075, a year shall be added automatically to the initial term unless a notice of nonrenewal is given as provided in Section 51091. (Amended by Stats. 1975, Ch. 224.)
  181. 51082.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    A county or city may require certain deeds or related instruments to include restrictions, conditions, or covenants needed to preserve open-space character or prevent harmful uses.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. ) ## 51082. A county or city may require a deed or other instrument described in subdivision (d) of Section 51075 to contain any such restrictions, conditions or covenants as are necessary or desirable to maintain the natural or scenic character of the land or to prevent any activity, use or action which could impair the open-space character of the land. (Amended by Stats. 1979, Ch. 373.)
  182. 51083.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    A covered deed or instrument is not effective until the county or city governing body accepts or approves it by resolution and the acceptance is endorsed on the document.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. ) ## 51083. No deed or other instrument described in subdivision (d) of Section 51075 shall be effective until it has been accepted or approved by resolution of the governing body of the county or city and its acceptance endorsed thereon. (Amended by Stats. 1977, Ch. 1178.)
  183. 51083.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    An easement granted to a nonprofit organization becomes effective when the nonprofit accepts it, but it is not treated as granted under this chapter unless the county or city where the land is located approves it under this article.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. ) ## 51083.5. Notwithstanding any provisions of this chapter, the grant of any easement to a nonprofit organization shall be effective upon its acceptance by such organization. However, for the purposes of this chapter and Sections 421 to 432, inclusive, of the Revenue and Taxation Code, no such easement shall be considered as granted pursuant to this chapter unless the grant of such easement has been approved by the county or city in which the land lies pursuant to the provisions of this article. (Added by Stats. 1977, Ch. 1178.)
  184. 51084.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    A county or city may not accept or approve an open-space easement unless its governing body makes specified findings by resolution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. ) ## 51084. A grant of an open-space easement shall not be accepted or approved by a county or city, unless the governing body, by resolution, finds: (a) That the preservation of the land as open space is consistent with the general plan of the county or city; and (b) That the preservation of the land as open space is in the best interest of the state, county, city, or city and county and is important to the public for the enjoyment of scenic beauty, for the use of natural resources, for recreation, or for the production of food or fiber specifically because one or more of the following reasons exists: (1) That the land is essentially unimproved and if retained in its natural state has either scenic value to the public, or is valuable as a watershed or as a wildlife preserve, and the instrument contains appropriate covenants to that end. (2) It is in the public interest that the land be retained as open space because such land either will add to the amenities of living in neighboring urbanized areas or will help preserve the rural character of the area in which the land is located. (3) The land lies in an area that in the public interest should remain rural in character and the retention of the land as open space will preserve the rural character of the area. (4) It is in the public interest that the land remain in its natural state, including the trees and other natural growth, as a means of preventing floods or because of its value as watershed. (5) The land lies within an established scenic highway corridor. (6) The land is valuable to the public as a wildlife preserve or sanctuary and the instrument contains appropriate covenants to that end. (7) The public interest will otherwise be served in a manner recited in the resolution and consistent with the purposes of this subdivision and Section 8 of Article XIII of the Constitution of the State of California. The resolution of the governing body shall establish a conclusive presumption that the conditions set forth in subdivisions (a) and (b) have been satisfied. (Amended by Stats. 2012, Ch. 875, Sec. 7. (SB 1501) Effective January 1, 2013.)
  185. 51085.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    A county or city governing body cannot approve an open-space easement grant until it has been referred to the planning department or planning commission and a report has been received.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. ) ## 51085. The governing body of the county or city may not accept or approve any grant of an open-space easement until the matter has first been referred to the county or city planning department or planning commission and a report thereon has been received from the planning department or planning commission. Within 30 days after receiving the proposal to accept or approve a grant of an open-space easement, the planning department or planning commission shall submit its report to the governing body. The governing body may extend the time for submitting such a report for an additional period not exceeding 30 days. The report shall specify whether the proposal is consistent with the general plan of the jurisdiction. (Amended by Stats. 1977, Ch. 1178.)
  186. 51086.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    After an open-space easement is accepted or approved, the county or city may not issue a building permit for a violating structure and must seek injunctions against violations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. ) ## 51086. (a) From and after the time when an open-space easement has been accepted or approved by the county or city and its acceptance or approval endorsed thereon, no building permit may be issued for any structure which would violate the easement and the county or city shall seek by appropriate proceedings an injunction against any threatened construction or other development or activity on the land which would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement. In the event the county or city fails to seek an injunction against any threatened construction or other development or activity on the land which would violate the easement or to seek a mandatory injunction requiring the removal of any structure erected in violation of the easement, or if the county or city should construct any structure or development or conduct or permit any activity in violation of the easement, the owner of any property within the county or city, or any resident thereof, may, by appropriate proceedings, seek such an injunction. (b) In the case of an open-space easement granted to a nonprofit organization pursuant to this chapter, such organization shall seek, through its official representatives, an injunction against any threatened construction or other development or activity on the land which would violate the easement and shall seek a mandatory injunction requiring the removal of any structure erected in violation of the easement. (c) The court may award to a plaintiff or defendant who prevails in an action authorized by this section his or her costs of litigation, including reasonable attorney’s fees. (d) Nothing in this chapter shall limit the power of the state, or any department or agency thereof, or any county, city, school district, or any other local public district, agency or entity, or any other person authorized by law, to acquire land subject to an open-space easement by eminent domain. (Amended by Stats. 1977, Ch. 1178.)
  187. 51087.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    After an open-space easement instrument is accepted or approved, the clerk of the governing body must record it with the county recorder and file a copy with the county assessor.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 3. General Provisions [51080 - 51087] ( Article 3 added by Stats. 1974, Ch. 1003. ) ## 51087. Upon the acceptance or approval of any instrument creating an open-space easement the clerk of the governing body shall record the same in the office of the county recorder and file a copy thereof with the county assessor. The recording shall be consistent with Section 27255. From and after the time of the recordation, the easement shall impart notice thereof to all persons as is afforded by the recording laws of this state. (Amended by Stats. 2012, Ch. 875, Sec. 8. (SB 1501) Effective January 1, 2013.)
  188. 51090.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 4. Termination of an Open-Space Easement [51090 - 51094] ( Article 4 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    An open-space easement for a term of years may end only under this article, and only by nonrenewal or abandonment.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 4. Termination of an Open-Space Easement [51090 - 51094] ( Article 4 added by Stats. 1974, Ch. 1003. ) ## 51090. An open-space easement for a term of years may be terminated only in accordance with the provisions of this article. An open-space easement may be terminated only by: (a) Nonrenewal, or (b) Abandonment. Abandonment of an easement granted to the county or city pursuant to this chapter shall be controlled by Section 51093. Abandonment or nonrenewal of an easement granted to a nonprofit organization pursuant to this chapter shall be effective only if approved by appropriate resolution of the governing body of such organization and such abandonment or nonrenewal initiated by a nonprofit organization has been approved by the county or city in which the land lies in the manner provided in Section 51093. (Amended by Stats. 1977, Ch. 1178.)
  189. 51091.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 4. Termination of an Open-Space Easement [51090 - 51094] ( Article 4 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    If a party does not want to renew an open-space easement, it must give written notice at least 90 days before the annual renewal date.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 4. Termination of an Open-Space Easement [51090 - 51094] ( Article 4 added by Stats. 1974, Ch. 1003. ) ## 51091. If either the landowner or the county, city, or nonprofit organization desires in any year not to renew the open-space easement, that party shall serve written notice of nonrenewal of the easement upon the other party at least 90 days in advance of the annual renewal date of the open-space easement. Unless such written notice is served at least 90 days in advance of the renewal date, the open-space easement shall be considered renewed as provided in Section 51081. Upon receipt by the owner of a notice from the county, city, or nonprofit organization of nonrenewal, the owner may make a written protest of the notice of nonrenewal. The county, city, or nonprofit organization may, at any time prior to the renewal date, withdraw the notice of nonrenewal. (Amended by Stats. 1977, Ch. 1178.)
  190. 51092.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 4. Termination of an Open-Space Easement [51090 - 51094] ( Article 4 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    If certain parties give notice that they do not want to renew an open-space easement, the easement stays in force for the rest of the current term.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 4. Termination of an Open-Space Easement [51090 - 51094] ( Article 4 added by Stats. 1974, Ch. 1003. ) ## 51092. If the county, city, or nonprofit organization or the landowner serves notice of intent in any year not to renew the open-space easement, the existing open-space easement shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the open-space easement, as the case may be. (Amended by Stats. 1977, Ch. 1178.)
  191. 51093.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 4. Termination of an Open-Space Easement [51090 - 51094] ( Article 4 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    A landowner may ask for abandonment of an open-space easement, and the governing body may approve it only after required findings and public-hearing steps are met. A fee is set at 50% of the abandonment valuation, and the abandonment is not effective until that fee is paid.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 4. Termination of an Open-Space Easement [51090 - 51094] ( Article 4 added by Stats. 1974, Ch. 1003. ) ## 51093. (a) The landowner may petition the governing body of the county or city for abandonment of any open-space easement or in the case of an open-space easement granted to a nonprofit organization pursuant to this chapter, for approval of abandonment by such organization, as to all of the subject land. The governing body may approve the abandonment of an open-space easement only if, by resolution, it finds: (1) That no public purpose described in Section 51084 will be served by keeping the land as open space; and (2) That the abandonment is not inconsistent with the purposes of this chapter; and (3) That the abandonment is consistent with the local general plan; and (4) That the abandonment is necessary to avoid a substantial financial hardship to the landowner due to involuntary factors unique to him. No resolution abandoning an open-space easement, or approving the abandonment of an open-space easement granted to a nonprofit organization pursuant to this chapter, shall be finally adopted until the matter has been referred to the county or city planning commission, the commission has held a public hearing thereon and furnished a report on the matter to the governing body stating whether the abandonment is consistent with the local general plan and the governing body has held at least one public hearing thereon after giving 30 days’ notice thereof by publication in accordance with Section 6061 of the Government Code, and by posting notice on the land. (b) Prior to approval of the resolution abandoning or approving the abandonment of an open-space easement, the county assessor of the county in which the land subject to the open-space easement is located shall determine the full cash value of the land as though it were free of the open-space easement. The assessor shall multiply such value by 25 percent, and shall certify the product to the governing body as the abandonment valuation of the land for the purpose of determining the abandonment fee. (c) Prior to giving approval to the abandonment of any open-space easement, the governing body shall determine and certify to the county auditor the amount of the abandonment fee which the landowner must pay the county treasurer upon abandonment. That fee shall be an amount equal to 50 percent of the abandonment valuation of the property. (d) Any sum collected pursuant to this section shall be transmitted by the county treasurer to the State Controller and be deposited in the State General Fund. (e) An abandonment shall not become effective until the abandonment fee has been paid in full. (Amended by Stats. 1977, Ch. 1178.)
  192. 51094.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 4. Termination of an Open-Space Easement [51090 - 51094] ( Article 4 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    After a certified resolution is recorded with the county recorder, the open-space easement is removed and the owner’s covenants end; recording cannot happen until the abandonment fee is fully paid.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 4. Termination of an Open-Space Easement [51090 - 51094] ( Article 4 added by Stats. 1974, Ch. 1003. ) ## 51094. Upon the recording in the office of the county recorder of a certified copy of a resolution abandoning or approving the abandonment of an open-space easement and reciting compliance with the provisions of Section 51093, the land subject thereto shall be deemed relieved of the easement and the covenants of the owner contained therein shall be deemed terminated; provided, however, that no certified copy of any resolution abandoning or approving the abandonment of an open-space easement shall be recorded until the abandonment fee has been paid in full. (Amended by Stats. 1977, Ch. 1178.)
  193. 51095.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 5. Eminent Domain and Other Provisions [51095 - 51097] ( Article 5 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    If gifted open-space easement land is condemned for public use, the easement ends when the condemnation complaint is filed, and the owner is entitled to compensation as if the easement did not exist.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 5. Eminent Domain and Other Provisions [51095 - 51097] ( Article 5 added by Stats. 1974, Ch. 1003. ) ## 51095. If any land or a portion thereof as to which any city or county has accepted or approved an open-space easement pursuant to this chapter is thereafter sought to be condemned for public use and the easement was received as a gift without the payment of any compensation therefor, the easement shall terminate as of the time of the filing of the complaint in condemnation as to the land or portion thereof sought to be taken for public use, and the owner shall be entitled to such compensation for the taking as he would have been entitled to had the land not been burdened by the easement. (Amended by Stats. 1977, Ch. 1178.)
  194. 51096.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 5. Eminent Domain and Other Provisions [51095 - 51097] ( Article 5 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    Land subject to an open-space easement executed and accepted under this chapter is deemed enforceably restricted under the California Constitution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 5. Eminent Domain and Other Provisions [51095 - 51097] ( Article 5 added by Stats. 1974, Ch. 1003. ) ## 51096. Lands subject to the grant of an open-space easement executed and accepted in accordance with this chapter shall be deemed to be enforceably restricted within the meaning of Section 8 of Article XIII of the Constitution of the State of California. (Amended by Stats. 1975, Ch. 224.)
  195. 51097.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 5. Eminent Domain and Other Provisions [51095 - 51097] ( Article 5 added by Stats. 1974, Ch. 1003. )

    Verify source ↗

    Counties and cities keep the power to acquire real property interests by purchase, gift, grant, bequest, devise, lease, or other means.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.6. Open-Space Easement Act of 1974 [51070 - 51097] ( Chapter 6.6 added by Stats. 1974, Ch. 1003. ) ## ARTICLE 5. Eminent Domain and Other Provisions [51095 - 51097] ( Article 5 added by Stats. 1974, Ch. 1003. ) ## 51097. Nothing in this chapter shall be deemed to prevent or restrict the right or power of any county or city to acquire by purchase, gift, grant, bequest, devise, lease or otherwise any right or interest in real property for the purpose of preserving open space or for any other purpose under any other provisions of law. (Added by Stats. 1974, Ch. 1003.)
  196. 511.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The distance from the county seat of Fresno County to Sacramento is 169 miles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 3. SEAT OF GOVERNMENT, POLITICAL DIVISIONS, AND LEGAL DISTANCES [450 - 559] ( Division 3 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 6. Legal Distances [500 - 559] ( Chapter 6 enacted by Stats. 1943, Ch. 134. ) ## 511. From the county seat of Fresno County to Sacramento it is one hundred and sixty-nine (169) miles. (Enacted by Stats. 1943, Ch. 134.)
  197. 51100.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 1. General Provisions [51100 - 51104] ( Article 1 added by Stats. 1976, Ch. 176. )

    Verify source ↗

    This chapter may be cited as the California Timberland Productivity Act of 1982.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 1. General Provisions [51100 - 51104] ( Article 1 added by Stats. 1976, Ch. 176. ) ## 51100. This chapter shall be known and may be cited as the California Timberland Productivity Act of 1982. (Added by Stats. 1982, Ch. 1489, Sec. 2.)
  198. 51101.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 1. General Provisions [51100 - 51104] ( Article 1 added by Stats. 1976, Ch. 176. )

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    The Legislature states that California’s forest resources and timberlands are important to the economy and environment, and that continued investment in timberland and timber growing is needed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 1. General Provisions [51100 - 51104] ( Article 1 added by Stats. 1976, Ch. 176. ) ## 51101. The Legislature hereby finds and declares all of the following: (a) The forest resources and timberlands of this state, together with the forest products industry, contribute substantially to the health and stability of the state’s economy and environment by providing high quality timber, employment opportunities, regional economic vitality, resource protection, and aesthetic enjoyment. (b) The state’s increasing population threatens to erode the timberland base and diminish forest resource productivity through pressures to divert timberland to urban and other uses and through pressures to restrict or prohibit timber operations when viewed as being in conflict with nontimberland uses. (c) A continued and predictable commitment of timberland, and of investment capital, for the growing and harvesting of timber are necessary to ensure the long-term productivity of the forest resource, the long-term economic viability of the forest products industry, and long-term stability of local resource-based economies. (Amended by Stats. 1990, Ch. 1600, Sec. 1.)
  199. 51102.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 1. General Provisions [51100 - 51104] ( Article 1 added by Stats. 1976, Ch. 176. )

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    The section states California policy for timberland: preserve timberland, discourage conversion and urban service expansion, encourage timber investment, and avoid restricting compliant timber operations because of nearby land use.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 1. General Provisions [51100 - 51104] ( Article 1 added by Stats. 1976, Ch. 176. ) ## 51102. (a) The Legislature further declares that to fully realize the productive potential of the forest resources and timberlands of the state, and to provide a favorable climate for long-term investment in forest resources, it is the policy of this state to do all of the following: (1) Maintain the optimum amount of the limited supply of timberland to ensure its current and continued availability for the growing and harvesting of timber and compatible uses. (2) Discourage premature or unnecessary conversion of timberland to urban and other uses. (3) Discourage expansion of urban services into timberland. (4) Encourage investment in timberlands based on reasonable expectation of harvest. (b) The Legislature further declares that it is the policy of this state that timber operations conducted in a manner consistent with forest practice rules adopted by the State Board of Forestry and Fire Protection shall not be or become restricted or prohibited due to any land use in or around the locality of those operations. (Amended by Stats. 1998, Ch. 972, Sec. 4. Effective January 1, 1999.)
  200. 51103.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 1. General Provisions [51100 - 51104] ( Article 1 added by Stats. 1976, Ch. 176. )

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    The Legislature states that this chapter’s policies should be carried out by including all qualifying timberland in timberland production zones.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 1. CITIES AND COUNTIES [50001 - 52203] ( Division 1 added by Stats. 1949, Ch. 81. ) ## PART 1. POWERS AND DUTIES COMMON TO CITIES AND COUNTIES [50001 - 51299.4] ( Part 1 added by Stats. 1949, Ch. 81. ) ## CHAPTER 6.7. Timberland [51100 - 51155] ( Chapter 6.7 added by Stats. 1976, Ch. 176. ) ## ARTICLE 1. General Provisions [51100 - 51104] ( Article 1 added by Stats. 1976, Ch. 176. ) ## 51103. It is the intent of the Legislature to implement the policies of this chapter by including all qualifying timberland in timberland production zones. (Added by Stats. 1982, Ch. 1489, Sec. 5.)

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