Public Utilities Code — Part 14 | PUC — United States — California law | Esheria

Public Utilities Code

Part 14 of 38 · provisions 2,601–2,800

This act is named the Public Utilities Code.

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About this statute

This part is named the Santa Clara Valley Transportation Authority Act and may be cited by that name. The Legislature states that the Santa Clara Valley Transportation Authority needs broader transportation measures to address traffic congestion and improve roads, highways, and other transportation facilities. The provision says a transit district needs to be established in Santa Clara County. The Santa Clara County Transit District is renamed the Santa Clara Valley Transportation Authority, and existing references to the old name are treated as references to the new name. A municipal corporation that provides broadband Internet access services must comply with the requirements of a specified Government Code article.

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Provisions of Public Utilities Code

Showing 200 of 7,473

  1. 170026.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 2. Governing Body [170010 - 170026] ( Chapter 2 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The board of directors must appoint the chief executive officer, general counsel, and auditor, and the chief executive officer is responsible for carrying out board policies and managing other employees, facilities, services, and finances.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 2. Governing Body [170010 - 170026] ( Chapter 2 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170026. (a) The board of directors shall appoint the following executive employees of the authority: (1) Chief executive officer. (2) General counsel. (3) Auditor. (b) The chief executive officer shall be responsible for all of the following: (1) The implementation of the policies established by the board of directors for the operation of the authority. (2) The appointment, supervision, discipline, and dismissal of the authority’s other employees, including the deputy chief executive officer, consistent with the employee relations system established by the board of directors. (3) The supervision of the authority’s facilities and services. (4) The supervision of the authority’s finances. (Amended by Stats. 2007, Ch. 287, Sec. 22. Effective January 1, 2008.)
  2. 17003.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. )

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    Bond interest is capped at 8% per year, including bonds for sewage works.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. ) ## 17003. The interest on the bonds, other than bonds for sewage works, shall not exceed 8 percent a year. The interest on bonds for sewage works shall not exceed 8 percent a year. (Amended by Stats. 1975, Ch. 130.)
  3. 170030.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority has perpetual succession and may adopt and change a seal whenever it chooses.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170030. The authority has perpetual succession and may adopt a seal and alter it at its pleasure. (Added by Stats. 2001, Ch. 946, Sec. 2. Effective January 1, 2002.)
  4. 170032.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority may sue and be sued in court, and claims for money or damages against it are governed by specified Government Code provisions.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170032. (a) The authority may sue and be sued in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (b) All claims for money or damages against the authority are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code. (Amended by Stats. 2007, Ch. 287, Sec. 24. Effective January 1, 2008.)
  5. 170034.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    Section 120242 applies to the authority, and the authority may exercise those provisions within its area of jurisdiction.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170034. All the provisions of Section 120242 are applicable to the authority, and the authority may exercise those provisions within its area of jurisdiction. (Added by Stats. 2001, Ch. 946, Sec. 2. Effective January 1, 2002.)
  6. 170035.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority is treated as a local agency for purposes of the California Disaster Assistance Act.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170035. The authority is a local agency for purposes of the California Disaster Assistance Act (Chapter 7.5 (commencing with Section 8680) of Division 1 of Title 1 of the Government Code). (Added by Stats. 2008, Ch. 620, Sec. 8. Effective January 1, 2009.)
  7. 170036.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority may act as a city police department, city, local government, or public agency for specified Civil Code purposes.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170036. The authority may act as a city police department, city, local government, or public agency for the purposes of Chapter 4 (commencing with Section 2080) of Title 6 of Part 4 of Division 3 of the Civil Code. (Added by Stats. 2008, Ch. 620, Sec. 9. Effective January 1, 2009.)
  8. 170038.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority may acquire, hold, lease, and dispose of real or personal property, inside or outside its jurisdiction, to further its purposes.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170038. The authority may take by grant, purchase, devise, or lease or otherwise acquire, hold, enjoy, lease, and dispose of, real and personal property within or outside its area of jurisdiction in order to further its purposes. (Amended by Stats. 2002, Ch. 978, Sec. 7. Effective September 27, 2002.)
  9. 17004.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. )

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    The board may set bond denominations and sell the bonds at times and in a manner it chooses, but not below par plus accrued interest.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. ) ## 17004. The bonds shall be issued in such denomination or denominations as the board may prescribe and may be sold by the board at such times and in such manner as it determines, but at not less than par and accrued interest. (Amended by Stats. 1963, Ch. 736.)
  10. 170040.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority may enter contracts with federal, state, local, or private parties on terms it finds in its best interests.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170040. The authority may contract with any department or agency of the United States, with any state or local governmental agency, or with any person upon those terms and conditions that the authority finds are in its best interests. (Added by Stats. 2001, Ch. 946, Sec. 2. Effective January 1, 2002.)
  11. 170044.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    A recorded majority vote of the board’s total membership is required for each action, unless this chapter specifically says otherwise.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170044. Except as otherwise specifically provided to the contrary in this chapter, a recorded majority vote of the total membership of the board of directors is required on each action. (Added by Stats. 2001, Ch. 946, Sec. 2. Effective January 1, 2002.)
  12. 170048.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority must study, plan, and implement improvements for San Diego International Airport, and it may commission studies and adopt a future development plan.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170048. (a) The authority has exclusive responsibility to study, plan, and implement any improvements, expansion, or enhancements at San Diego International Airport. (b) The authority may commission planning, engineering, economic, and other studies to provide information to the board for making decisions about the location, design, management, and other features of future airports. (c) The San Diego Association of Governments, or its successor, shall cooperate with the authority to include all airport system plans and facilities selected by the authority in the regional transportation plan consistent with state and federal law. (d) The authority, the San Diego Association of Governments, local agencies, and the Department of Transportation shall cooperate to develop effective surface transportation access to new and existing airports. (e) The authority may adopt a comprehensive plan on the future development of San Diego’s regional international airport. (Amended by Stats. 2013, Ch. 83, Sec. 10. (AB 1058) Effective January 1, 2014.)
  13. 17005.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. )

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    District bonds are treated the same as municipal bonds in force, value, and use.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. ) ## 17005. District bonds have the same force, value, and use as bonds issued by a municipality. (Added by Stats. 1953, Ch. 72.)
  14. 170050.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority is the only agency in San Diego County eligible to take ownership of certain surplus federal airports.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170050. The authority shall be the only agency, public or private, in the County of San Diego that is eligible to take ownership of airports owned by the United States government and are declared surplus or are otherwise made available to state or local governmental agencies. (Added by Stats. 2001, Ch. 946, Sec. 2. Effective January 1, 2002.)
  15. 170052.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority must develop and plan the airport facilities it operates, including terminals, access routes, public transit access, and, when feasible, bus and rail access to terminals.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170052. The authority shall be responsible for developing all aspects of airport facilities that it operates, including, but not limited to, all of the following: (a) The location of terminals, hangars, aids to air navigation, Runway Protection Zones (RPZ), Airport Influence Areas (AIA), parking lots and structures, and all other facilities and services necessary to serve passengers and other customers of the airport. (b) Street and highway access and egress with the objective of minimizing, to the extent practicable, traffic congestion on access routes in the vicinity of the airport. (c) Providing for public mass transportation access in cooperation and coordination with the responsible public transportation agency in whose jurisdiction the airport is located. (d) Analyzing and developing intercity bus and passenger rail access to terminals in cooperation with an established agency or organization experienced in developing and operating that service, if the service or the technology proposed for implementation is demonstrated to be in regular, scheduled revenue service and is demonstrated to be a cost-effective investment when considering both direct and indirect benefits. If that service is proven feasible, the authority shall endeavor to maximize the convenience of its patrons by incorporating the service into the design of its terminals. (Amended by Stats. 2002, Ch. 978, Sec. 9. Effective September 27, 2002.)
  16. 170054.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority must create an advisory committee and, when choosing members, include knowledgeable people and, where feasible, representatives from specified transportation, government, university, defense, and community groups.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170054. (a) The authority shall form an advisory committee to assist it in performing its responsibilities related to the planning and development of all airport facilities for the County of San Diego, including the airport activities and operations of the United States Department of Defense. In selecting members for the committee, the authority shall include persons knowledgeable about airport management, passenger and freight air transportation operations and economics, general aviation, the natural environment, regional economic development, business, including the technology sector of the economy. (b) To the extent feasible, the advisory committee shall include representatives from the Department of Transportation, local public transit authorities, local governments, the campuses of the University of California and the California State University in the region, the United States Department of Defense, and other groups and residents of San Diego County. (c) When forming the advisory committee, the authority shall make its selections for membership from individuals representing all elements of the County of San Diego. (Added by Stats. 2001, Ch. 946, Sec. 2. Effective January 1, 2002.)
  17. 170056.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The port must transfer the airport to the authority, keep listed carve-out properties, and lease specified airport parcels to the authority under the section’s terms.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170056. The port shall transfer all title and ownership of the San Diego International Airport to the authority consistent with the terms of the transfer under Section 170060 and shall include, but need not be limited to, all of the following: (a) All interest in real property and improvements, including, but not limited to, all terminals, runways, taxiways, aprons, hangars, Runway Protection Zones (RPZ), Airport Influence Areas (AIA), emergency vehicles or facilities, parking facilities for passengers and employees, above and below ground utility lines and connections, easements, rights-of-way, other rights for the use of property necessary or convenient to the use of airport properties, and buildings and facilities used to operate, maintain, and manage the airport which is consistent with the Airport Layout Plan (ALP) dated September 13, 2000, and identified as Drawing No. 724 on file with the clerk of the port, subject to paragraphs (1), (2), and (3). (1) The following real properties shall not be transferred and shall remain under the ownership and control of the port: (A) All property originally leased to General Dynamics Corporation and identified in Document No. 12301 on file with the clerk of the port. (B) Property subleased by the port from TDY Industries, Inc., c/o Allegheny Teledyne (formerly Teledyne Ryan Aeronautical) and identified as Document No. 17600 on file with the clerk of the port. (C) Property leased to Solar Turbines, Incorporated for parking along Pacific Highway and identified as Document No. 39904 on file with the clerk of the port (Parcel No. 016-026). (D) Property leased to Solar Turbines, Incorporated, for parking along Laurel Street and identified as Document No. 29239 on file with the clerk of the port (Parcel No. 016-016 - Parcel 2). (E) Property leased to Sky Chefs, Incorporated, located at 2450 Winship Lane and identified as Document No. 37740 on file with the clerk of the port (Parcel No. 012-025). (F) (i) Property located at Parcel No. 034-002 and identified as Pond 20. The port shall retain ownership of Pond 20 and shall reimburse the airport fund for the fair market value of that property. The fair market value shall be determined by appraisal and negotiation. If there is no agreement following that negotiation, then the amount of payment shall be determined by arbitration. (ii) On January 1, 2003, the port shall commence repayment to the airport of the negotiated or arbitrated fair market value for the property. The repayment schedule shall be a 10-year amortized payment plan with interest based upon the rate of 1 percent above the prevailing prime rate. (2) The following additional real properties shall be transferred from the port to the authority: (A) Property adjacent to Pond 20 located at Parcel Nos. 042-002 and 042-003 (this parcel encompasses approximately two or three acres). (B) Property acquired as Parcel No. 034-001 from Western Salt Processing Plant and identified as Document No. 39222 from GGTW, LLC. (3) The following nonairport, real properties that presently provide airport-related services shall also be excluded from any land transfer to the authority: (A) Airport employee parking lot located at Harbor Island Drive and Harbor Island Drive East identified as District Parcel No. 007-020. (B) Airport taxi and shuttle overflow lot located at the southeast corner of North Harbor Drive and Harbor Island Drive identified as District Parcel No. 007-025. (C) Property leased to National Car Rental System, Incorporated, located east of the southeast corner of North Harbor Drive and Harbor Island Drive identified as District Parcel No. 007-034. (D) Property leased to The Hertz Corporation located east of the southeast corner of North Harbor Drive and Harbor Island Drive identified as District Parcel No. 007-035. (E) Property leased to Avis Rent-A-Car Corporation located at the southwest corner of North Harbor Drive and Rental Car Roadway identified as District Parcel No. 007-036. (F) Property leased to National Car Rental System, Incorporated, located at the southeast corner of North Harbor Drive and Rental Car Roadway identified as District Parcel No. 007-038. (G) Property leased in common to National Car Rental System, Incorporated; The Hertz Corporation; and Avis Rent-A-Car Corporation known as Joint-Use Roadway identified as District Parcel No. 007-037. (H) Property leased to Jimsair, Incorporated, located on the property previously known as the General Dynamics Parcel, south of Sassafras Street and west of Pacific Highway adjacent to the Airport Operation Area identified as District Parcel No. 016-042. (I) Property leased to Budget Rent A Car of San Diego located at both the northeast and southwest corners of Palm Street and Pacific Highway identified as District Parcel No. 016-001 (Parcel 1 and 2). (J) Property leased to Budget Rent A Car of San Diego located east of the northeast corner of Palm Street and Pacific Highway identified as District Parcel No. 016-001 (Parcel 3). (K) Property leased to Lichtenberger Equipment, Incorporated, located north of the northeast corner of Palm Street and Pacific Highway identified as District Parcel No. 016-034. (L) Property leased to Park and Ride, Incorporated, located at the northeast corner of Sassafras and Pacific Highway identified as District Parcel No. 016-038. (M) Property leased to Ace Parking Management, Incorporated, located north of the intersection of Sassafras Street and Pacific Highway identified as District Parcel No. 016-040. (N) Property leased to Federal Express Corporation located at the west end of the extension of Washington Street identified as District Parcel No. 015-008. (b) All contracts with airport tenants, concessionaires, leaseholders, and others, including, but not limited to, fees from vehicle rental companies. (c) All airport-related financial obligations secured by revenues and fees generated from the operations of the airport, including, but not limited to, bonded indebtedness associated with the airport. The authority shall assume obligations issued or incurred by the port for San Diego International Airport, including, but not limited to, any long-term debt, grants, and grant assurances. (d) All airport-related financial reserves, including, but not limited to, sinking funds and other credits. (e) All personal property, including, but not limited to, emergency vehicles, office equipment, computers, records and files, software required for financial management, personnel management, and accounting and inventory systems, and any other personal property owned by the port used to operate or maintain the airport. (f) Notwithstanding any provision of this section, the port shall agree to lease for a period of 66 years, commencing on January 1, 2003, to the authority parcels 1, 2, and 3 of the property originally leased to General Dynamics (identified in Document No. 12301 on file with the clerk of the port) consisting of approximately 89.75 acres west of the Pacific Highway and including property leased to JimsAir (identified as Parcel #016-042), property leased to Federal Express Corporation (identified as Parcel #015-008) and the Park, Shuttle and Fly lot operated by Five Star Parking under a management agreement with the port (identified as Clerk Document No. 38334, dated March 29, 1999), subject to the following terms: (1) The rent shall be paid monthly in arrears and the annual rent shall be level based on the fair market value of the property as of January 1, 2006, and a market rate of return on that date. (2) The authority shall lease to the port at the same fair market value per square foot a total of not to exceed 250 parking spaces in reasonable proximity to the port’s administrative building located at 3165 Pacific Highway with the authority having a right to relocate or substitute substantially equivalent or better parking from time to time. The parties shall first meet and confer to determine by appraisal and negotiation the fair market value rent. If the authority and port do not reach agreement within 60 days after commencement of meetings for that purpose, either party may submit the matter to binding arbitration in San Diego in accordance with the Commercial Arbitration Rules of the American Arbitration Association. In the event airport operations cease to exist on the property leased to the authority pursuant to this section, control of the property will revert to the port as provided in Section 170060. (3) All other terms of the ground lease shall be in accordance with reasonable commercial practice in the San Diego area for long-term real property ground leases. (Amended by Stats. 2014, Ch. 71, Sec. 158. (SB 1304) Effective January 1, 2015.)
  18. 170058.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The port must continue operating the property adjacent to San Diego International Airport known as the General Dynamics Property.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170058. Property adjacent to the San Diego International Airport, owned by the port, and commonly referred to as the “General Dynamics Property” shall continue to be operated by the port. (Amended by Stats. 2002, Ch. 978, Sec. 11. Effective September 27, 2002.)
  19. 17006.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. )

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    Bond sale proceeds must be deposited in the treasury to the correct fund and used only for the authorized bond purposes. Any leftover amount may go to the general fund, but a surplus over $5,000 must instead be fully used for interest, sinking fund maintenance, or retirement of the bonded debt.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. ) ## 17006. The proceeds from the sale of bonds shall be placed in the treasury to the credit of the proper fund, and shall be applied exclusively to the purposes and objects mentioned in the ordinance authorizing their issue until such objects are fully accomplished, after which, if any surplus remains, the surplus may be transferred to the general fund, except that a surplus exceeding five thousand dollars ($5,000) shall be wholly transferred to the appropriate fund to pay interest and maintain the sinking fund, or provide for the retirement of the bonded indebtedness in connection with which the surplus remains. (Added by Stats. 1953, Ch. 72.)
  20. 170060.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The port must keep trusteeship of the airport land and lease the airport property to the authority for 66 years, while the authority pays $1 per year.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170060. (a) The port shall retain trusteeship of lands underlying the airport consistent with the State Lands Commission’s requirement and shall execute a 66-year lease with the authority for control of the airport property. The authority shall pay one dollar ($1) per year during the term of the lease, or until that time as airport operations controlled by the authority cease to exist on the property. At that time, the lease shall terminate and control of the property shall revert to the port. (b) (1) The port may continue or enter into contracts, memorandums of understanding, or other agreements necessary to fulfill its responsibilities as trustee of the lands underlying the airport or adjacent lands under its control, or acquire additional lands within its jurisdiction consistent with its duties and pursuant to Division 6 (commencing with Section 6001) of the Public Resources Code. (2) (A) The port shall act as lead agency to certify any studies, reports, or other documents necessary to fulfill its obligations as trustee of the lands described in paragraph (1). (B) Notwithstanding subparagraph (A) or any other provision of law, until the date that the port transfers the airport to the authority, the port and the authority, without the necessity of the giving of any notice, filing of any documents, or the taking of any other action, shall serve jointly as the lead agencies for the purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and regulations adopted thereto, including, but not limited to, the filing of notices of exemption, initial studies, negative declarations, and environmental impact reports. On and after the transfer date, the authority, without the necessity of the giving of any notice, filing of any documents, or the taking of any other action, is the sole lead agency for any documents for which an initial study has been commenced pursuant to Section 15063 of Title 14 of the California Code of Regulations or for which a notice of preparation has been issued pursuant to Section 15082 of Title 14 of the California Code of Regulations, regardless of whether or not a notice of determination has been issued or a notice of completion has been issued. (C) The lead agency status described in this paragraph is declaratory of existing law, and shall not in any respect be grounds for any claim or finding of noncompliance by the port or the authority, or both, with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or regulations adopted under that act. (3) Lands acquired by or added to lands under its trusteeship by the port adjacent to the existing airport property and necessary to operate the airport, including, but not limited to, lands from the United States Marine Corp Recruit Depot for additional taxiways and other airport related facilities, shall be included in the lease to the authority as it is acquired by the port. (c) The authority shall be responsible for making any necessary application to the California Coastal Commission pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code) and to other agencies in accordance with other applicable laws in effect on the effective date of the act that added this section for improvements upon coastal lands under the control of the authority through a lease. The port shall assist in the application for those projects as the trustee of the lands and shall not impede any improvements sought in the fulfillment of the authority’s duties. The authority shall be responsible for all applications, requests, or submittals to other governmental agencies for approvals, permits, authorizations or agreements of any kind affecting or relating to the property governed by the lease, and the port shall cooperate in completion of all documents in the form submitted or approved by the authority without modification, providing the documents are requested by the authority, or required by any other governmental agencies, or both. (Amended by Stats. 2013, Ch. 83, Sec. 12. (AB 1058) Effective January 1, 2014.)
  21. 170062.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority may make service agreements with the port, but it is not required to buy services from the port. If the port provides services, it must meet specified quality standards, cooperate with audits, and follow the authority’s direction; the authority must reimburse actual reasonable costs and may review payment requests.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170062. (a) The authority may, in its sole discretion, from time to time, enter into agreements with the port for services including, but not limited to, operations, maintenance, and purchasing, as the authority may find necessary or beneficial to facilitate the operation of San Diego International Airport. (b) The authority shall have no obligation to purchase or procure any services, facilities, or equipment from or through the port. At no time shall the authority be obligated to purchase auditing, public affairs, and governmental relations, strategic planning, legal, or board support services from the port. However, the authority may elect to obtain these services and support in agreement with the port. (c) Performance of all these services shall be subject to the direction and control of the authority, and shall be provided in accordance with specifications, policies, and procedures as communicated by the authority to the port from time to time. In all cases, the port shall provide services of sufficient quality, quantity, reliability, and timeliness to ensure that the authority can continue the operation, maintenance, planning and improvement of and for San Diego International Airport consistent with the standards and practices under which the airport is operated on the effective date of the act that added this subparagraph or higher standards as the authority may adopt, or as may be required in the authority’s judgment to meet the requirements of federal or state law, or the needs of the users of the airport for the safe, secure, and efficient operation of the airport. The authority also, from time to time, may establish performance standards for and may conduct financial or performance audits, or both, of all services provided by the port and all charges or claims for payment for the services provided. (d) Services provided by the Harbor Police shall in no event be of less quality than the standard established for airport police services by the three other largest airports, based on annual passengers, in this state. The port shall cooperate fully, at its own cost, in any financial or performance audit, or both, conducted by, or on behalf of, the authority or by any government agency having jurisdiction. (e) The authority shall reimburse the port for the actual and reasonable direct costs, including, but not limited to, an appropriate allocation of general and administrative expenses associated with the provision of that service, incurred by the port to deliver services actually provided to the authority in accordance with the standards and requirements described in this section. The port shall request payment for services on a monthly basis. Those requests shall provide details regarding each service or element thereof for which payment is requested as the authority reasonably may request. The authority shall have the right to review and approve any request for payment for those services. Payment shall be due and payable 30 days after the request provided all necessary supporting documentation is received by the authority. (f) The San Diego Harbor Police Department shall remain under the jurisdiction of the San Diego Unified Port District, and employees shall incur no loss of employment or reduction in wages, health and welfare benefits, seniority, retirement benefits or contributions made to retirement plans, or other terms and conditions of employment as a result of enactment of this division. The San Diego Harbor Police Department shall have the exclusive contract for law enforcement services at San Diego International Airport during that time as the airport continues to operate at Lindbergh Field, and peace officers of the Harbor Police shall remain employees of the port. (Amended by Stats. 2013, Ch. 83, Sec. 13. (AB 1058) Effective January 1, 2014.)
  22. 170064.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The port must fund the authority at least $1,000,000 each year until the airport transfer is complete, and the port must timely approve qualifying budget requests. The authority must report annual budget spending to the port and, after transfer completion, rely on revenue streams for its activities.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170064. (a) From revenues in accounts attributable to airport operations, the port shall fund the authority for not less than one million dollars ($1,000,000) each year until that time as the transfer of the airport and all associated revenue sources have been completed between the port and the authority. The authority’s board may submit a budget request for more than this amount if necessary to carry out its duties. The port shall approve those budget requests in a timely manner without modification or reduction. The authority shall report its total budget expenditure amount to the port on an annual basis and balance or carryover reserves from previous budgets. The funding provided by this subdivision replaces any loans made to the authority by the port under the former provisions set forth in this subdivision requiring the port to loan the authority the sum of one million dollars ($1,000,000). (b) Upon the completion of the transfer of San Diego International Airport to the authority, the authority shall assume all revenue stream revenues to fund its activities, operations, and investments consistent with its purposes. The sources of revenue available to the authority may include, but are not limited to, imposing fees, rents, or other charges for facilities, services, the repayment of bonded indebtedness, and other expenditures consistent with the purposes of the authority. (c) To the extent practicable, the authority shall endeavor to maximize the revenues generated from enterprises located on the property of the authority. (d) The authority may receive state and federal grants for purposes of planning, constructing, and operating an airport and for providing ground access to airports under its control. (Amended by Stats. 2013, Ch. 83, Sec. 14. (AB 1058) Effective January 1, 2014.)
  23. 170066.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    Only the authority may approve grant applications for significant airport expansion activities in San Diego County, and other county agencies may not apply unless that approval is obtained.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170066. (a) No other agency in the County of San Diego may apply for grants for funding significant expansion activities, including, but not limited to, specific efforts to increase air capacity, unless the application is first approved by the authority as being consistent with the regional air transportation plan adopted by the authority. (b) Unless action is taken pursuant to Section 170068, publicly owned airports in the County of San Diego, other than the San Diego International Airport, shall not be considered to be under the control of the authority for purposes of application for, or receipt of grants for, regular operational maintenance and upgrade projects adopted pursuant to Section 21670.3. (Repealed and added by Stats. 2002, Ch. 978, Sec. 19. Effective September 27, 2002.)
  24. 170068.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority may accept ownership transfers of other publicly owned airports in San Diego County only when the airport operator initiates the transfer.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170068. The authority may only accept the transfer of ownership of other publicly owned airports in the County of San Diego upon initiation by the respective airport operator. Any transfer shall include the preparation of a transition plan to ensure the orderly transfer of assets and obligations. In accepting a transfer, the authority may assume no financial obligations other than those associated with the operation of the airport being transferred. (Amended by Stats. 2002, Ch. 978, Sec. 20. Effective September 27, 2002.)
  25. 17007.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. )

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    Bonds must be signed by the board president and countersigned by the clerk, with the district seal attached. Coupons must be numbered consecutively and signed by the treasurer, and bonds and coupons are payable at the treasurer’s office.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. ) ## 17007. The bonds shall be signed by the president of the board and countersigned by the clerk, and shall have the seal of the district attached. The coupons shall be numbered consecutively and signed by the treasurer, by original or facsimile signature, and the bonds and coupons shall be payable at the office of the treasurer. (Added by Stats. 1953, Ch. 72.)
  26. 170070.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority may issue bonds and refunding bonds, and its governing board must authorize bond issuance by resolution.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170070. (a) The authority may issue bonds, from time to time, payable from revenue of any facility or enterprise operated, acquired, or constructed by the authority, for any of the purposes authorized by this division in accordance with the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), excluding Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code and the limitations set forth in subdivision (b) of Section 54402 of the Government Code which shall not apply to the issuance and sale of bonds pursuant to this section. (b) The authority is a local agency within the meaning of Section 54307 of the Government Code. The airport system or any or all facilities and all additions and improvements that the authority’s governing board authorizes to be acquired or constructed and any purpose, operation, facility, system, improvement, or undertaking of the authority from which revenues are derived or otherwise allocable, which revenues are, or may by resolution or ordinance be, required to be separately accounted for from other revenues of the authority, shall constitute an enterprise within the meaning of Section 54309 of the Government Code. (c) The authority’s governing board shall authorize the issuance of bonds pursuant to this section by resolution, which resolution shall be adopted by a majority vote and shall specify all of the following: (1) The purposes for which the bonds are to be issued, which may include any one or more purposes permitted by this division. (2) The maximum principal amount of bonds. (3) The maximum term of bonds. (4) The maximum rate of interest, fixed or variable, to be payable upon the bonds. (5) The maximum discount or premium payable on sale of the bonds. (d) For purposes of the issuance and sale of bonds pursuant to this section, the following definitions shall be applicable to the Revenue Bond Law of 1941: (1) “Fiscal agent” means any fiscal agent, trustee, paying agent, depository or other fiduciary provided for in the resolution providing the terms and conditions for the issuance of the bonds, which fiscal agent may be located within or without the state. (2) “Resolution” means, unless the context otherwise requires, the instrument providing the terms and conditions for the issuance of bonds, which instrument may be an indenture, trust agreement, installment sale agreement, lease, ordinance, or other instrument in writing. (e) Each resolution shall provide for the issuance of bonds in the amounts as may be necessary, until the full amount of bonds authorized has been issued. The full amount of bonds may be divided into two or more series with different dates of payment fixed for bonds of each series. A bond need not mature on its anniversary date. (f) The authority may issue refunding bonds to redeem or retire any bonds issued by the authority upon the terms, at the times, and in the manner which the authority’s governing body determines by resolution. Refunding bonds may be issued in a principal amount sufficient to pay all, or any part of, the principal of the outstanding bonds, the premium, if any due upon call redemption thereof prior to maturity, all expenses of redemption and either of the following: (1) The interest upon the refunding bonds from the date of sale thereof to the date of payment of the bonds to be refunded out of the sale of the refunding bonds or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds. (2) The interest upon the bonds to be refunded from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds. (g) The authority may enter into any liquidity or credit agreement it may deem necessary in connection with the issuance of bonds authorized by this section. (h) This section provides a complete, additional, and alternative method of performing the acts authorized by this section, and the issuance of bonds, including refunding bonds, need not comply with any other law applicable to borrowing or the issuance of bonds. Any provision of the Revenue Bond Law of 1941 which is inconsistent with this section or this division shall not be applicable. (i) Nothing in this section prohibits the authority from availing itself of any procedure provided in this chapter for the issuance of bonds of any type or character for any of the authorized airport facilities. All bond proceedings may be carried on simultaneously or, in the alternative, as the authority may determine. (Amended by Stats. 2002, Ch. 978, Sec. 21. Effective September 27, 2002.)
  27. 170072.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority may levy special benefit assessments to finance capital improvements if it follows Article XIII D of the California Constitution.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170072. The authority may levy special benefit assessments consistent with the requirements of Article XIII D of the California Constitution to finance capital improvements, including, but not limited to, special benefit assessments levied pursuant to any of the following: (a) The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code). (b) The Improvement Bond Act of 1915 (Division 15 (commencing with Section 8500) of the Streets and Highways Code). (c) The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code). (d) The Landscaping and Lighting Act of 1972 (Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code). (Amended by Stats. 2002, Ch. 978, Sec. 22. Effective September 27, 2002.)
  28. 170074.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

    Verify source ↗

    The authority may borrow money, but only in accordance with specified Government Code articles.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170074. The authority may borrow money in accordance with Article 7 (commencing with Section 53820) of, Article 7.6 (commencing with Section 53850) of, or Article 7.7 (commencing with Section 53859) of, Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2001, Ch. 946, Sec. 2. Effective January 1, 2002.)
  29. 170076.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority may borrow and issue bond anticipation notes for authorized bonds, but must keep their maturity within five years and stay within the authorized bond amount.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170076. (a) The authority may borrow money in anticipation of the sale of any bonds that have been authorized to be issued, but have not been sold and delivered, and may issue negotiable bond anticipation notes therefor, and may renew the bond anticipation notes from time to time, but the maximum maturity of any bond anticipation notes, including the renewals thereof, may not exceed five years from the date of delivery of the original bond anticipation notes. The bond anticipation notes may be paid from any money of the authority available therefor and not otherwise pledged. (b) If not previously otherwise paid, the bond anticipation notes shall be paid from the proceeds of the next sale of the bonds of the authority in anticipation of which they were issued. The bond anticipation notes may not be issued in any amount in excess of the aggregate amount of bonds that the authority has been authorized to issue, less the amount of any bonds of the authorized issue previously sold, and also less the amount of other bond anticipation notes therefore issued and then outstanding. The bond anticipation notes shall be issued and sold in the same manner as the bonds. The bond anticipation notes and the resolution or resolutions authorizing them may contain any provisions, conditions, or limitations that a resolution of the authority authorizing the issuance of bonds may contain. (c) Exclusively for the purpose of securing financing or refinancing for any of the purposes permitted by this division through the issuance of bonds, notes, or other obligations, including certificates of participation, by a joint powers authority, and, notwithstanding any other provision contained in this division or any other law, the authority may borrow money or purchase or lease property from a joint powers authority and, in connection therewith, may sell or lease property to the joint powers authority, in each case at the interest rate or rates, maturity date or dates, installment payment or rental provisions, security, pledge of revenues and other assets, covenants to increase rates and charges, default, remedy and other terms or provisions as may be specified in the installment sale, lease, loan, loan purchase, or other agreement or agreements between the authority and the joint powers authority. The authority may enter into any liquidity or credit agreement it may deem necessary or appropriate in connection with any financing or refinancing authorized by this section. This section provides a complete, additional and alternative method of performing the acts authorized by this section, and the borrowing of money, incurring indebtedness, sale, purchase or lease of property from or to a joint powers authority, and any agreement for liquidity or credit enhancement entered into in connection therewith, pursuant to this section need not comply with the requirements of any other law applicable to borrowing, incurring indebtedness, sale, purchase, lease or credit except for compliance with this section. (Amended by Stats. 2002, Ch. 978, Sec. 23. Effective September 27, 2002.)
  30. 170078.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority may file an action to determine whether its bonds, debt instruments, revenues, rates, or charges are valid.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170078. The authority may bring an action to determine the validity of any of its bonds, equipment trust certificates, warrants, notes, or other evidences of indebtedness or any of its revenues, rates, or charges pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2002, Ch. 978, Sec. 24. Effective September 27, 2002.)
  31. 17008.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    An officer’s signature, countersignature, or attestation on bonds or coupons remains valid even if the officer leaves office before the bonds are sold or delivered.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. ) ## 17008. Notwithstanding the fact that an officer whose signature, countersignature, or attestation appears on any bonds or coupons thereof ceases to be such officer before the sale or delivery of such bonds, his signature, countersignature, or attestation appearing either on the bonds or the coupons, or on both, is valid and sufficient for all purposes the same as if he had remained in office until the sale or delivery of the bonds. (Added by Stats. 1953, Ch. 72.)
  32. 170082.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

    Verify source ↗

    Bond-related provisions issued by the authority bind the authority, and the bonds and related debt remain enforceable against the authority, successors, and assigns.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170082. (a) Notwithstanding any other provisions of this division or any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by the authority of any bonds, bonds with a pledge of revenues, bonds for improvement districts, revenue bonds, equipment trust certificates, notes, or any and all evidences of indebtedness or liability constitute a contract between the authority and the holders of the bonds, equipment trust certificates, notes, or evidences of indebtedness or liability, and the provisions thereof are enforceable against the authority or any or all of its successors or assigns, by mandamus or any other appropriate suit, action, or proceeding in law or in equity in any court of competent jurisdiction. (b) Nothing in this division or in any other law shall be held to relieve the authority or the territory included within it from any bonded or other debt or liability contracted by the authority. (c) Upon dissolution of the authority or upon withdrawal of territory therefrom, that territory formerly included within the authority, or withdrawn therefrom, shall continue to be liable for the payment of all bonded and other indebtedness or liabilities outstanding at the time of the dissolution or withdrawal as if the authority had not been so dissolved or the territory withdrawn therefrom, and it shall be the duty of the successors or assigns to provide for the payment of the bonded and other indebtedness and liabilities. (d) To the extent provided in the proceedings for the authorization, issuance, and sale of any revenue bonds, bonds secured by a pledge of revenues, or bonds for improvement districts secured by a pledge of revenues, revenues of any kind or nature derived from any revenue-producing improvements, works, facilities, or property owned, operated, or controlled by the authority may be pledged, charged, assigned, and have a lien thereon for the payment of the bonds as long as the same are outstanding, regardless of any change in ownership, operation, or control of the revenue-producing improvements, works, facilities, or property and it shall, in any later event or events, be the duty of the successors or assigns to continue to maintain and operate the revenue-producing improvements, works, facilities, or property as long as bonds are outstanding. (Amended by Stats. 2002, Ch. 978, Sec. 26. Effective September 27, 2002.)
  33. 170084.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. )

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    The authority must take on certain existing employment terms and labor-related obligations, and affected port aviation employees move to authority employment without losing pay, benefits, or seniority. Port employees also may not lose employment, wages, or benefits because of this division.

    ## Public Utilities Code - PUC ## DIVISION 17. SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY [170000 - 170084] ( Division 17 added by Stats. 2001, Ch. 946, Sec. 2. ) ## CHAPTER 3. Powers and Duties [170030 - 170084] ( Chapter 3 added by Stats. 2001, Ch. 946, Sec. 2. ) ## 170084. The authority shall assume and be bound by the terms and conditions of employment set forth in any collective bargaining agreement or employment contract between the port and any labor organization or employee affected by the creation of the authority, as well as the duties, obligations, and liabilities arising from, or relating to, labor obligations imposed by state or federal law upon the port. Aviation division employees of the port affected by this division shall become employees of the authority and shall suffer no loss of employment or reduction in wages, health and welfare benefits, seniority, retirement benefits or contributions made to retirement plans, or any other term or condition of employment as a result of the enactment of this division. No employee of the port shall suffer loss of employment or reduction in wages or benefits as a result of the enactment of this division. (Amended by Stats. 2005, Ch. 158, Sec. 36.11. Effective January 1, 2006.)
  34. 17009.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. )

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    When deciding the amount of bonds to issue, the legislative body may include project-related costs and certain fees and financing amounts.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6. Bonds [17001 - 17009] ( Chapter 6 added by Stats. 1953, Ch. 72. ) ## 17009. In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and estimated costs incidental to or connected with the acquisition, construction, improving or financing of the project. (b) All engineering, inspection, legal and fiscal agent’s fees, costs of the bond election and of the issuance of said bonds, bond reserve funds and working capital and bond interest estimated to accrue during the construction period and for a period of not to exceed 12 months after completion of construction. (Added by Stats. 1957, Ch. 1377.)
  35. 1701.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Hearings, investigations, and proceedings under this part must follow this part and commission rules, and technical evidence rules do not apply.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1701. (a) All hearings, investigations, and proceedings shall be governed by this part and by rules of practice and procedure adopted by the commission, and in the conduct thereof the technical rules of evidence need not be applied. No informality in any hearing, investigation, or proceeding or in the manner of taking testimony shall invalidate any order, decision, or rule made, approved, or confirmed by the commission. (b) Notwithstanding Section 11425.10 of the Government Code, Articles 1 to 15, inclusive, of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code do not apply to a hearing by the commission under this code. The Administrative Adjudication Code of Ethics (Article 16 (commencing with Section 11475) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) shall apply to administrative law judges of the commission. (Amended by Stats. 2016, Ch. 808, Sec. 6. (SB 512) Effective January 1, 2017.)
  36. 1701.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This section sets how the commission classifies proceedings and limits ex parte communications, including reporting and disclosure duties.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1701.1. (a) The commission shall determine whether each proceeding is a quasi-legislative, an adjudication, a ratesetting, or a catastrophic wildfire proceeding. The commission’s decision as to the nature of the proceeding shall be subject to a request for rehearing within 10 days of the date of that decision or of any subsequent ruling that expands the scope of the proceeding. Only those parties who have requested a rehearing within that time period shall subsequently have standing for judicial review and that review shall only be available at the conclusion of the proceeding. The commission shall render its decision regarding the rehearing within 30 days. The commission shall establish rules regarding ex parte communication on case categorization issues. (b) (1) The commission, upon initiating an adjudication proceeding or ratesetting proceeding, shall assign one or more commissioners to oversee the case and an administrative law judge when appropriate. The assigned commissioner shall schedule a prehearing conference and shall prepare and issue by order or ruling a scoping memo that describes the issues to be considered and the applicable timetable for resolution and that, consistent with due process, public policy, and statutory requirements, determines whether the proceeding requires a hearing. (2) The administrative law judge shall either preside over and conduct, or assist the assigned commissioner or commissioners in presiding over and conducting, any evidentiary or adjudication hearing that may be required. (3) This subdivision shall not apply to exempt railroad crossing applications subject to Section 1205.5. (c) The commission, upon initiating a quasi-legislative proceeding, shall assign one or more commissioners to oversee the case and an administrative law judge, when appropriate, who may be assisted by a technical advisory staff member in conducting the proceeding. The assigned commissioner shall prepare and issue by order or ruling a scoping memo that describes the issues to be considered and the applicable timetable for resolution and that, consistent with due process, public policy, and statutory requirements, determines whether the proceeding requires a hearing. (d) (1) Quasi-legislative cases, for purposes of this article, are cases that establish policy, including, but not limited to, rulemakings and investigations that may establish rules affecting an entire industry. (2) Adjudication cases, for purposes of this article, are enforcement cases and complaints except those challenging the reasonableness of any rates or charges as specified in Section 1702. (3) Ratesetting cases, for purposes of this article, are cases in which rates are established for a specific company, including, but not limited to, general rate cases, performance-based ratemaking, and other ratesetting mechanisms. (4) Catastrophic wildfire proceedings, for purposes of this article, are proceedings in which an electrical corporation files an application to recover costs and expenses pursuant to Section 451 or 451.1, as applicable, related to a covered wildfire, as defined in Section 1701.8. (e) (1) (A) “Ex parte communication,” for purposes of this article, means any oral or written communication between a decisionmaker and an interested person concerning any matter before the commission that the commission has not specified in its Rules of Practice and Procedure as being a procedural matter and that does not occur in a public hearing, workshop, or other public proceeding, or on the official record of the proceeding on the matter. The commission shall specify in its Rules of Practice and Procedure, enacted by rulemaking, the types of issues considered procedural matters under this article. (B) “Interested person,” for purposes of this article, means any of the following: (i) Any applicant, an agent or an employee of the applicant, or a person receiving consideration for representing the applicant, or a participant in the proceeding on any matter before the commission. (ii) Any person with a financial interest, as described in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9 of the Government Code, in a matter before the commission, an agent or employee of the person with a financial interest, or a person receiving consideration for representing the person with a financial interest. A person involved in issuing credit ratings or advising entities or persons who invest in the shares or operations of any party to a proceeding is a person with a financial interest. (iii) A representative acting on behalf of any civic, environmental, neighborhood, business, labor, trade, or similar organization who intends to influence the decision of a commission member on a matter before the commission. (iv) Other categories of individuals deemed by the commission, by rule, to be an interested person. (2) The commission shall by rule adopt and publish a definition of decisionmakers and interested persons for purposes of this article, along with any requirements for written reporting of ex parte communications and appropriate sanctions for noncompliance with any rule proscribing ex parte communications. The definition of decisionmakers shall include, but is not limited to: each commissioner; the personal staff of a commissioner if the staff is acting in a policy or legal advisory capacity; the chief administrative law judge of the commission; and the administrative law judge assigned to the proceeding. The commission shall, by rule, explicitly ban both of the following: (A) The practice of one-way ex parte communications from a decisionmaker to an interested person. (B) Any communication between an interested person and a decisionmaker regarding which commissioner or administrative law judge may be assigned to a matter before the commission. (3) For adjudication cases, the rules shall provide that ex parte communications shall be prohibited, as required by this article. The rules shall provide that if an ex parte communication occurs that is prohibited by this article, or if an ex parte communication occurs in a ratesetting case or catastrophic wildfire proceeding, whether initiated by a decisionmaker or an interested person, all of the following shall be required: (A) The interested person shall report the communication within three working days of the communication by filing a notice with the commission that includes all the following: (i) The date, time, and location of the communication, whether the communication was oral or written, or a combination of both, and the communication medium used. (ii) The identity of the decisionmaker, the identity of the person initiating the communication, and the identities of any other persons present. (iii) The topic of the communication, including applicable proceeding numbers. (iv) A substantive description of the interested person’s communication and its content. (v) A copy of any written material or text used during the communication. (B) Any decisionmaker who participated in the communication shall promptly log the ex parte communication by filing a notice that includes all the following: (i) The date, time, and location of the communication, whether the communication was oral or written, or a combination of both, and the communication medium used. (ii) The identity of the interested person, the identity of the person initiating the communication, and the identities of any other persons present. (iii) The topic of the communication, including any applicable proceeding numbers. (iv) A brief description of the communication. (C) If the interested person who participated in the communication has not timely submitted the notice required by subparagraph (A), the decisionmaker shall refer the matter to the attorney for the commission, and an assigned commissioner, by ruling, shall order the interested person to submit the required notice. The interested person shall be subject to any applicable penalties for the initial violation and, if the interested person does not submit the required notice within the time period specified in the assigned commissioner’s ruling, the interested person shall be subject to continuing violations pursuant to Section 2108. (4) The requirements of paragraph (3) shall not apply to any oral ex parte communication occurring at a meeting if all parties are invited to participate and given not less than three working days’ notice. (5) The commission shall not take any vote on a matter in which a notice of a prohibited ex parte communication has been filed pursuant to subparagraph (A) or (B) of paragraph (3) until all parties to the proceeding have been provided a reasonable opportunity to respond to the communication. (6) If an ex parte communication is not disclosed as required by this subdivision until after the commission has issued a decision on the matter to which the communication pertained, a party not participating in the communication may file a petition to rescind or modify the decision. The party may seek a finding that the ex parte communication significantly influenced the decision’s process or outcome as part of any petition to rescind or modify the decision. The commission shall process the petition in accordance with the commission’s procedures for petitions for modification and shall issue a decision on the petition no later than 180 days after the filing of the petition. (7) (A) Ex parte communications that occur at conferences and that are within the scope of an adjudication, ratesetting, or catastrophic wildfire proceeding shall be subject to the requirements of this article. (B) Ex parte communications that occur at conferences and that are within the scope of a quasi-legislative proceeding shall be governed by the ex parte communication disclosure requirements developed by the commission. (C) For purposes of this section, “ex parte communications that occur at conferences” includes, but is not limited to, communications in a private setting or during meals, entertainment events, and tours, and informal discussions among conference attendees. (8) The commission shall render its decisions based on the law and on the evidence in the record. Ex parte communications shall not be a part of the evidentiary record of the proceedings. (f) The commission may meet in a closed session to discuss administrative matters so long as no collective consensus is reached or vote taken on any matter requiring a vote of the commissioners. The commission shall, by rule, adopt and publish a definition of “administrative matters” for purposes of this section. (g) The commission shall permit written comments received from the public to be included in the record of its proceedings, but the comments shall not be treated as evidence. The commission shall provide parties to the proceeding a reasonable opportunity to respond to any public comments included in the record of proceedings. (h) It is the intent of the Legislature that the commission, and any entity or person seeking to influence actions taken by the commission, shall be subject to all applicable ethical standards, including any applicable obligations under the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code), including, but not limited to, any applicable lobbying obligations. (Amended by Stats. 2025, Ch. 224, Sec. 3. (SB 544) Effective January 1, 2026.)
  37. 1701.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This section sets procedures for adjudication cases at the commission, including hearings, challenges to the administrative law judge, appeal timing, closed hearings, and ability-to-pay reviews.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1701.2. (a) This section shall apply to adjudication cases only. (b) If the commissioner assigned pursuant to subdivision (b) of Section 1701.1 has determined that an adjudication case requires a hearing, the assigned commissioner or the assigned administrative law judge shall hear the case in the manner described in the scoping memo. The scoping memo shall designate whether the assigned commissioner or the assigned administrative law judge shall preside in the case. (c) The commission shall provide by rule for peremptory challenges and challenges for cause of the administrative law judge. Challenges for cause shall include, but not be limited to, financial interests and prejudice. The rule shall provide that all parties are entitled to one peremptory challenge of the assignment of the administrative law judge in all cases. All parties are entitled to unlimited peremptory challenges in any case in which the administrative law judge has within the previous 12 months served in any capacity in an advocacy position at the commission, been employed by a regulated public utility, or has represented a party or has been an interested person in the case. (d) The assigned commissioner or the administrative law judge shall prepare and file a decision setting forth recommendations, findings, and conclusions. The decision shall be filed with the commission and served upon all parties to the action or proceeding without undue delay, not later than 60 days after the matter has been submitted for decision. The decision of the assigned commissioner or the administrative law judge shall become the decision of the commission if no further action is taken within 30 days. Any party may appeal the decision to the commission, provided that the appeal is made within 30 days of the issuance of the decision. The commission may itself initiate a review of the proposed decision on any grounds. (e) The commission’s decision shall be supported by findings of fact on all issues material to the decision, and the findings of fact shall be based on the record developed by the assigned commissioner or the administrative law judge. A decision different from that of the assigned commissioner or the administrative law judge shall be accompanied by a written explanation of each of the changes made to the decision. (f) Notwithstanding Section 307, an officer, employee, or agent of the commission that is personally involved in the prosecution or in the supervision of the prosecution of an adjudication case before the commission shall not participate in the decision of the case or any factually related adjudicatory proceeding, including participation in or advising the commission as to findings of fact, conclusions of law, or orders. An officer, employee, or agent of the commission that is personally involved in the prosecution or in the supervision of the prosecution of an adjudication case may participate in reaching a settlement of the case, but shall not participate in the decision of the commission to accept or reject the settlement, except as a witness or counsel in an open hearing or a hearing closed pursuant to subdivision (h). The Legislature finds that the commission performs both prosecutorial and adjudicatory functions in an adjudication case and declares its intent that an officer, employee, or agent of the commission, including its attorneys, may perform only one of those functions in any adjudication case or factually related adjudicatory proceeding. (g) (1) Ex parte communications shall be prohibited in adjudication cases. (2) Any oral or written communications concerning procedural matters in adjudication cases between interested persons and decisionmakers, except the assigned administrative law judge, shall be prohibited. (h) Notwithstanding any other law, the commission may meet in a closed hearing to consider the decision that is being appealed. The vote on the appeal shall be in a public meeting and shall be accompanied with an explanation of the appeal decision. (i) Adjudication cases shall be resolved within 12 months of initiation unless the commission makes findings why that deadline cannot be met and issues an order extending that deadline. In the event that a rehearing of an adjudication case is granted, the parties shall have an opportunity for final oral argument. (j) (1) The commission may determine that the respondent lacks, or may lack, the ability to pay potential penalties, fines, or restitution that may be ordered by the commission. (2) If the commission determines that a respondent lacks, or may lack, the ability to pay, the commission may order the respondent to demonstrate, to the satisfaction of the commission, sufficient ability to pay potential penalties, fines, or restitution that may be ordered by the commission. The respondent shall demonstrate the ability to pay, or make other financial arrangements satisfactory to the commission, within seven days of the commission commencing an adjudication case. The commission may delegate to the attorney to the commission the determination of whether a sufficient showing has been made by the respondent of an ability to pay. (3) Within seven days of the commission’s determination of the respondent’s ability to pay potential penalties, fines, or restitution, the respondent shall be entitled to an impartial review by an administrative law judge of the sufficiency of the showing made by the respondent of the respondent’s ability to pay. The review by an administrative law judge of the ability of the respondent to pay shall become part of the record of the adjudication and is subject to the commission’s consideration in its order resolving the adjudication case. The administrative law judge may enter temporary orders modifying any financial requirement made of the respondent pending the review by the administrative law judge. (4) A respondent that is a public utility regulated under a rate of return or rate of margin regulatory structure or that has gross annual revenues of more than one hundred million dollars ($100,000,000) generated within California is presumed to be able to pay potential penalties, fines, or restitution that may be ordered by the commission, and, therefore, paragraphs (1) to (3), inclusive, do not apply to that respondent. (Amended by Stats. 2018, Ch. 519, Sec. 2. (SB 1358) Effective January 1, 2019.)
  38. 1701.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This section sets hearing procedures for ratesetting cases, including who leads the hearing, when parties may seek commissioner حضور, ex parte communication rules, oral argument rights, and the timing of the commission’s final decision.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1701.3. (a) Except as specified in subdivision (h), this section shall apply only to ratesetting cases, except, if the commissioner assigned pursuant to Section 1701.1 has determined that a ratesetting case does not require a hearing, the procedures prescribed by subdivisions (b), (d), (f), and (i) shall not apply. (b) The assigned commissioner shall determine before the first hearing whether the commissioner or the assigned administrative law judge shall be designated as the principal hearing officer. The principal hearing officer shall be present for more than one-half of the hearing days. The decision of the principal hearing officer shall be the proposed decision. (c) An alternate decision may be issued by the assigned commissioner or the assigned administrative law judge who is not the principal hearing officer. Any alternate decision may be filed with the commission and served on all parties to the proceeding any time before the issuance of a final decision by the commission, consistent with the requirements of Section 311. (d) The commission shall establish a procedure for any party to request the presence of a commissioner at a hearing. The assigned commissioner shall be present at any closing arguments in the case. (e) The principal hearing officer shall present the proposed decision to the full commission in a public meeting. The alternate decision, if any, shall also be presented to the full commission at that public meeting. (f) The presentation to the full commission shall contain a record of the number of days of the hearing, the number of days that each commissioner was present, and whether the decision was completed on time. (g) The commission shall provide by rule for peremptory challenges and challenges for cause of the administrative law judge. Challenges for cause shall include, but not be limited to, financial interests and prejudice. All parties shall be entitled to unlimited peremptory challenges in any case in which the administrative law judge has within the previous 12 months served in any capacity in an advocacy position at the commission, been employed by a regulated public utility, or has represented a party or has been an interested person in the case. (h) (1) Ex parte communications in ratesetting cases and catastrophic wildfire proceedings are subject to the disclosure requirements of this article. The commission, by order or ruling, may prohibit oral ex parte communications in a ratesetting case or catastrophic wildfire proceeding. (2) Oral communications may be permitted by a decisionmaker if all parties are given not less than three working days’ notice. Individual ex parte meetings shall not be held during the three business days before the commission’s scheduled vote on the decision. (3) (A) If an ex parte communication meeting is granted to any party, all other parties, upon request, shall also be granted individual ex parte meetings of a substantially equal period of time and shall be sent a notice of that opportunity at the time the request is granted. (B) Subparagraph (A) shall not apply if the decisionmaker participating in the ex parte communication meeting is a member of the personal staff of a commissioner acting in a policy or legal advisory capacity and no other decisionmaker to whom subparagraph (A) applies is a participant. (4) Written ex parte communications by an interested person shall be permitted at any time without restriction before the three business days before the commission’s scheduled vote on a decision if copies of the communication are transmitted to all parties on the same day as the original communication. (5) Written and oral ex parte communications shall not be part of the evidentiary record of the proceeding. (i) Any party has the right to present a final oral argument of its case before the commission. Upon request to present a final oral argument before the commission, the argument shall be scheduled in a timely manner. A quorum of the commission shall be present for the final oral arguments. (j) The commission may, in issuing its decision, adopt, modify, or set aside the proposed decision or any part of the decision based on evidence in the record. The final decision of the commission shall be issued not later than 60 days after the issuance of the proposed decision. Under extraordinary circumstances the commission may extend this date for a reasonable period. The 60-day period shall be extended for 30 days if any alternate decision is proposed pursuant to Section 311. (Amended by Stats. 2023, Ch. 826, Sec. 1. (AB 1068) Effective January 1, 2024.)
  39. 1701.4.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This section sets procedures for quasi-legislative cases before the commission, including hearings, ex parte communications, final oral argument, and deadlines for issuing the final rule or order.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1701.4. (a) This section shall apply only to quasi-legislative cases, except, if the commissioner assigned pursuant to Section 1701.1 has determined that a quasi-legislative case does not require a hearing, the procedures prescribed by subdivisions (b), (d), and (e) shall not apply. (b) The assigned administrative law judge and any assigned technical advisory staff shall act as an assistant to the assigned commissioner in quasi-legislative cases. The assigned commissioner shall prepare the proposed rule or order with the assistance of the administrative law judge and any assigned technical advisory staff. The assigned commissioner shall present the proposed rule or order to the full commission in a public meeting. The report shall include the number of days of hearing and the number of days that the commissioner was present. (c) Ex parte communications in quasi-legislative proceedings are permitted and not subject to the disclosure requirements of this article, except when the commission, by order or ruling, determines either of the following: (1) That ex parte communications are subject to the disclosure requirements of this article. (2) That ex parte communications are prohibited and subject to the disclosure requirements of this article. (d) Any party has the right to present a final oral argument of its case before the commission. Those requests shall be scheduled in a timely manner. A quorum of the commission shall be present for the final oral arguments. (e) The commission may, in issuing its rule or order, adopt, modify, or set aside the proposed decision or any part of the rule or order. The final rule or order of the commission shall be issued not later than 60 days after the issuance of the proposed rule or order. Under extraordinary circumstances the commission may extend this date for a reasonable period. The 60-day period shall be extended for 30 days if any alternate rule or order is proposed pursuant to Section 311. (f) No informality in the manner of taking testimony or evidence shall invalidate any order, decision, or rule made, approved, or confirmed by the commission in quasi-legislative cases. (Amended by Stats. 2018, Ch. 519, Sec. 4. (SB 1358) Effective January 1, 2019.)
  40. 1701.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    In certain ratesetting or quasi-legislative cases, the commission must resolve the issues in the scoping memo within 18 months, unless it makes a written determination and order extending the deadline.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1701.5. (a) Except as specified in subdivision (b), in a ratesetting or quasi-legislative case, the commission shall resolve the issues raised in the scoping memo within 18 months of the date the proceeding is initiated, unless the commission makes a written determination that the deadline cannot be met, including findings as to the reason, and issues an order extending the deadline. (b) Notwithstanding subdivision (a), the commission may specify in a scoping memo a resolution date later than 18 months from the date the proceeding is initiated, if that scoping memo includes specific reasons for the necessity of a later date and the commissioner assigned to the case approves the date. (Amended by Stats. 2016, Ch. 807, Sec. 6. (SB 215) Effective January 1, 2017.)
  41. 1701.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission may impose civil sanctions on people or entities that violate ex parte communication requirements, with some limits and exceptions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1701.6. (a) In addition to any penalty, fine, or other punishment applicable pursuant to Chapter 11 (commencing with Section 2100), the commission may assess civil sanctions upon any entity or person, other than a decisionmaker or employee of the commission, who violates, fails to comply with, or procures, aids, or abets any violation of, the ex parte communication requirements of this article or those adopted by the commission pursuant to this article. The civil sanctions may include civil penalties, adverse consequences in commission proceedings, or other appropriate commission orders directed at the entity, person, or both the entity and person, committing the violation. (b) (1) Except as provided in paragraph (2), a civil penalty assessed shall not exceed fifty thousand dollars ($50,000) per violation. Each day of a continuing violation is a separate violation. If the violation consists of engaging in a communication that is prohibited by the ex parte communication requirements, each day that the violation is not disclosed to the commission and to parties of record in the formal proceeding in which the communication occurred shall constitute a separate violation. (2) If the entity or person may obtain, by violating the ex parte communication requirements, financial benefits that exceed the maximum amount of civil penalty allowable pursuant to paragraph (1), the commission may impose a civil penalty up to the amount of those financial benefits. (c) Civil penalties assessed pursuant to subdivision (b) upon entities whose rates are determined by the commission shall be in the form of credits to the customers of that entity. Civil penalties collected from other entities shall be deposited into the General Fund. (d) In determining the appropriate civil sanctions, the commission shall consider the following factors: (1) The severity of the violation. (2) The conduct of the entity or person, including the level of experience of the entity or person in participating in commission proceedings and whether the entity or person knowingly violated the ex parte communication requirements. (3) The financial resources of the entity or person. (4) The totality of the circumstances in furtherance of the public interest. (Added by Stats. 2016, Ch. 807, Sec. 7. (SB 215) Effective January 1, 2017.)
  42. 1701.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The Attorney General may sue in superior court for violations of ex parte communication rules, and the court may order relief including disqualification and civil penalties.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1701.7. (a) The Attorney General may bring an enforcement action in superior court against a decisionmaker or employee of the commission who knowingly and willfully violates, fails to comply with, or procures, aids or abets any violation of, the ex parte communication requirements in this article or those adopted by the commission pursuant to this article. (b) Notwithstanding Section 1759, in an enforcement action brought pursuant to this section, the court may grant appropriate relief, including disqualification of the decisionmaker from one or more proceedings and civil penalties as provided in Section 2111. (c) In determining the appropriate relief, the court may consider the following factors: (1) The severity of the violation. (2) The conduct of the decisionmaker or employee. (3) The financial resources of the decisionmaker or employee. (4) The totality of the circumstances in furtherance of the public interest. (d) The Attorney General may compromise the enforcement action subject to approval by the court. (e) Civil penalties collected pursuant to this section shall be deposited into the Litigation Deposits Fund established pursuant to Article 9 (commencing with Section 16425) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code. (Added by Stats. 2016, Ch. 807, Sec. 8. (SB 215) Effective January 1, 2017.)
  43. 1701.8.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This section sets definitions and deadlines for a catastrophic wildfire proceeding, including when an electrical corporation may file, when it must file, and how the commission must schedule the proceeding.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1701.8. (a) For purposes of this section, the following definitions apply: (1) “Covered wildfire” means any wildfire ignited on or after July 12, 2019, for which either of the following is satisfied: (A) The governmental agency responsible for determining causation or a court of competent jurisdiction determines the wildfire was caused by an electrical corporation. (B) Asserted to have been caused by an electrical corporation and results in a court-approved dismissal resulting from the settlement of third-party damage claims. (2) “Wildfire Fund” means the Wildfire Fund created pursuant to Section 3284. (b) The following procedures and standards apply to a catastrophic wildfire proceeding: (1) (A) An electrical corporation may file an application pursuant to Section 451 or 451.1, as applicable, at any time after it has paid, or entered into binding commitments to pay, all or, if authorized by the commission for good cause, substantially all third-party damage claims, including payments made pursuant to judgments or settlement agreements related to a covered wildfire. Except as authorized by the commission for good cause, before filing the application, the electrical corporation shall exhaust all rights to indemnification or other claims, contractual or otherwise, against any third parties, including collecting insurance proceeds, related to the covered wildfire. (B) If an electrical corporation has received payments from the Wildfire Fund for a third-party damage claim for the covered wildfire, the electrical corporation shall file an application to recover the costs pursuant to subparagraph (A) no later than the earlier of the following: (i) The date when it has resolved all third-party damage claims and exhausted all right to indemnification or other claims, contractual or otherwise, against any third parties, including collecting insurance proceeds, related to the covered wildfire. (ii) The date that is 45 days after the date the administrator requests the electrical corporation to file the application. (C) If an electrical corporation issues recovery bonds authorized pursuant to a financing order issued pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 850.1, the electrical corporation shall file an application pursuant to subparagraph (A) for a determination of the just and reasonableness of the costs and expenses included in the recovery bonds no later than the earlier of the following: (i) The date when the electrical corporation has resolved all third-party damage claims and exhausted all rights to indemnification or other claims, contractual or otherwise, against any third parties, including collecting insurance proceeds, related to the covered wildfire. (ii) The date that is 45 days after the date the commission requests the electrical corporation to file the application. (2) The president of the commission, upon the initiation of a catastrophic wildfire proceeding by the filing of an application pursuant to paragraph (1), shall assign a commissioner to act as the presiding officer in the proceeding and an administrative law judge to assist in conducting the proceeding. (3) Within 15 days of the filing date of the application, the commission shall notice a prehearing conference, which shall be held within 25 days of the filing date. (4) (A) Within 30 days of the filing date of the application, the assigned commissioner shall prepare and issue, by order or ruling, a scoping memorandum that states that the scope of the proceeding shall be whether the electrical corporation’s costs and expenses for the covered wildfire are just and reasonable pursuant to Section 451 or 451.1, as applicable. (B) The scoping memorandum shall establish a schedule for the proceeding, including the date of issuance of a proposed decision that is no later than 12 months after the filing date of the application. (C) The assigned commissioner may extend the time established in the scoping memorandum for the date of issuance of a proposed decision by up to six months upon a showing of good cause. (Amended by Stats. 2025, Ch. 119, Sec. 38. (SB 254) Effective September 19, 2025.)
  44. 1701.9.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This section sets rules for commission proceedings: the commission may hold closed-session deliberations with public notice, must create a three-business-day quiet period before a scheduled vote, and interested persons may file written ex parte communications only in limited post-modification windows.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1701.9. The following provisions apply during the pendency of a commission proceeding, except these provisions do not apply during an adjudicatory or quasi-legislative proceeding: (a) The commission may meet in closed session to deliberate on a proposed decision, order, or resolution after providing three-day advance notice to the public. (b) The commission shall establish a quiet period during the three business days before the commission’s scheduled vote on a decision, during which oral ex parte communications shall not be permitted. (c) The requirement specified in subparagraph (F) of paragraph (1) of subdivision (b) of Section 11123 of the Government Code shall not apply to a meeting of the commission during a quiet period that is held by teleconference. (d) (1) If the commission materially modifies a proposed decision during the first two business days of the three-day quiet period before the commission’s scheduled vote on the proposed decision, an interested person may submit a written ex parte communication during those two business days if copies of the written ex parte communication are concurrently transmitted to all parties at the same time as the written ex parte communication is submitted to the commission and the scope of the written ex parte communication is limited to the portion of the proposed decision that was materially modified. (2) If the commission materially modifies a proposed decision during the last business day of the three-day quiet period before the commission’s scheduled vote on the proposed decision, an interested person may submit a written ex parte communication on that day if copies of the written ex parte communication are concurrently transmitted to all parties at the same time as the written ex parte communication is submitted to the commission and the scope of the written ex parte communication is limited to the portion of the proposed decision that was materially modified. (Amended by Stats. 2023, Ch. 826, Sec. 2. (AB 1068) Effective January 1, 2024.)
  45. 17010.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6.5. Adoption of Improvement Acts [17010 - 17013] ( Chapter 6.5 added by Stats. 1967, Ch. 226. )

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    The board may order authorized work or improvements in district streets, public places, property, or rights-of-way when it believes the public interest or convenience requires it.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6.5. Adoption of Improvement Acts [17010 - 17013] ( Chapter 6.5 added by Stats. 1967, Ch. 226. ) ## 17010. Whenever, in the opinion of the board, the public interest or convenience may require, it may order to be done in, under, or upon the whole or any portion of any one or more of the streets or public places of the district, or any property or rights-of-way owned by the district, any work or improvement which the district is authorized to do and provide that the cost thereof shall be assessed upon the lots and lands fronting on the streets or public places, or upon any district which may be assessed therefor, and which need not be composed of lands contiguous to each other. The Improvement Act of 1911, the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915, as now or hereafter provided, are applicable to districts. (Amended by Stats. 1974, Ch. 426.)
  46. 17011.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6.5. Adoption of Improvement Acts [17010 - 17013] ( Chapter 6.5 added by Stats. 1967, Ch. 226. )

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    This section defines how certain terms are interpreted for proceedings under the listed acts in this section.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6.5. Adoption of Improvement Acts [17010 - 17013] ( Chapter 6.5 added by Stats. 1967, Ch. 226. ) ## 17011. In the application of said acts to proceedings under this section the terms used in said acts shall have the following meanings: (a) “City council” and “council” mean board; (b) “City” and “municipality” mean district; (c) “Clerk” and “city clerk” mean secretary; (d) “Superintendent of streets” and “street superintendent” and “city engineer” mean the engineer of the district, or any other person appointed to perform such duties; (e) “Tax collector” means county tax collector; (f) “Treasurer” and “city treasurer” mean the treasurer of the public utility district, unless the district elects to use the county treasurer as provided in Section 16036, in which case it is the county treasurer as ex officio treasurer of the district; (g) “Right-of-way” means any parcel of land in, on, under or through which a right-of-way or easement has been granted to the district for the purpose of constructing or maintaining or work or improvements which the district is authorized to do. (Added by Stats. 1967, Ch. 226.)
  47. 17012.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6.5. Adoption of Improvement Acts [17010 - 17013] ( Chapter 6.5 added by Stats. 1967, Ch. 226. )

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    The district’s board, officers, and agents must exercise the powers and duties that city boards, officers, and agents would otherwise have under the cited acts.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6.5. Adoption of Improvement Acts [17010 - 17013] ( Chapter 6.5 added by Stats. 1967, Ch. 226. ) ## 17012. The powers and duties conferred by said acts and supplementary acts upon boards, officers, and agents of cities shall be exercised by the board, officers, and agents of the district, respectively. (Added by Stats. 1967, Ch. 226.)
  48. 17013.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6.5. Adoption of Improvement Acts [17010 - 17013] ( Chapter 6.5 added by Stats. 1967, Ch. 226. )

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    Improvements authorized under this chapter are limited to improvements that are permitted under this division.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 6.5. Adoption of Improvement Acts [17010 - 17013] ( Chapter 6.5 added by Stats. 1967, Ch. 226. ) ## 17013. The improvements authorized to be constructed or acquired by this chapter are restricted to those permitted to be constructed or acquired pursuant to this division. (Added by Stats. 1967, Ch. 226.)
  49. 1702.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission may file a complaint on its own motion, and other listed persons or organizations may file written complaints about public-utility conduct. For complaints about the reasonableness of certain utility rates or charges, the commission will not entertain the complaint unless it is signed by specified city officials or by at least 25 actual or prospective consumers or purchasers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1702. Complaint may be made by the commission of its own motion or by any corporation or person, chamber of commerce, board of trade, labor organization, or any civic, commercial, mercantile, traffic, agricultural, or manufacturing association or organization, or any body politic or municipal corporation, by written petition or complaint, setting forth any act or thing done or omitted to be done by any public utility, including any rule or charge heretofore established or fixed by or for any public utility, in violation or claimed to be in violation, of any provision of law or of any order or rule of the commission. No complaint shall be entertained by the commission, except upon its own motion, as to the reasonableness of any rates or charges of any gas, electrical, water, or telephone corporation, unless it is signed by the mayor or the president or chairman of the board of trustees or a majority of the council, commission, or other legislative body of the city or city and county within which the alleged violation occurred, or by not less than 25 actual or prospective consumers or purchasers of such gas, electricity, water, or telephone service. (Enacted by Stats. 1951, Ch. 764.)
  50. 1702.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must hear certain small-claims-size complaints against listed utility companies, with limited procedure and a 30-day hearing timeline, and may switch the matter to regular procedure if the public interest requires.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1702.1. (a) The commission shall entertain complaints against any electrical, gas, water, heat, or telephone company under Sections 734, 735, and 736 when the amount of money claimed does not exceed the jurisdictional limit of the small claims court as set forth in subdivision (a) of Section 116.220 or Section 116.221 of the Code of Civil Procedure. However, when the public interest so requires, the commission or presiding officer may, at any time prior to the filing of a decision, terminate the expedited complaint procedure and recalendar the matter for hearing under the commission’s regular procedure. (b) No attorney at law shall represent any party other than himself or herself under the expedited complaint procedure. (c) No pleading other than the complaint and answer is necessary. A hearing without a reporter shall be held within 30 days after the answer is filed. (d) The parties may file applications for rehearing pursuant to Section 1731. If the commission grants an application for rehearing, the rehearing shall be conducted under the commission’s regular hearing procedure. (Amended by Stats. 2006, Ch. 167, Sec. 9. Effective January 1, 2007.)
  51. 1702.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must hold complaint-related funds in trust with the Treasurer, unless the funds exceed $20,000, in which case it may place them in an insured interest-bearing account. The commission must then pay the funds and any interest to the party named in its order or decision.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1702.2. (a) Except as provided in subdivision (b), any funds entrusted to the commission by any person or corporation filing a complaint against a public utility shall be deposited in trust by the commission in the custody of the Treasurer, as specified in Section 16305.3 of the Government Code. (b) If the amount of the funds entrusted to the commission by a person or corporation filing a complaint against a public utility exceeds twenty thousand dollars ($20,000), the commission may deposit the funds in trust in an insured account with a bank or a federal or state savings and loan association, bearing interest at rates up to the maximum permitted by law. The commission shall pay these funds, together with the interest paid thereon, to the party specified in the commission’s order or decision on that complaint. (Added by Stats. 1983, Ch. 748, Sec. 2.)
  52. 1702.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must create and run a safety enforcement program for gas and electrical corporations, with procedures for monitoring, investigations, citations, appeals, and timely enforcement decisions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1702.5. (a) The commission shall, in an existing or new proceeding, develop and implement a safety enforcement program applicable to gas corporations and electrical corporations which includes procedures for monitoring, data tracking and analysis, and investigations, as well as issuance of citations by commission staff, under the direction of the executive director. The enforcement program shall be designed to improve gas and electrical system safety through the enforcement of applicable law, or order or rule of the commission related to safety using a variety of enforcement mechanisms, including the issuance of corrective actions, orders, and citations by designated commission staff, and recommendations for action made to the commission by designated commission staff. (1) When considering the issuance of citations and assessment of penalties, the commission staff shall take into account voluntary reporting of potential violations, voluntary removal or resolution efforts undertaken, the prior history of violations, the gravity of the violation, and the degree of culpability. (2) The procedures shall include, but are not limited to, providing notice of violation within a reasonable period of time after the discovery of the violation. (3) The commission shall adopt an administrative limit on the amount of monetary penalty that may be set by commission staff. (b) The commission shall develop and implement an appeals process to govern the issuance and appeal of citations or resolution of corrective action orders issued by the commission staff. The appeals process shall provide the respondent a reasonable period of time, upon receiving a citation, to file a notice of appeal, shall afford an opportunity for a hearing, and shall require the hearing officer to expeditiously provide a draft disposition. (c) The commission shall, within a reasonable time set by the commission, conclude a safety enforcement action with a finding of violation, a corrective action order, a citation, a determination of no violation, approval of the corrective actions undertaken by the gas corporation or electrical corporation, or other action. The commission may institute a formal proceeding regarding the alleged violation, potentially resulting in additional enforcement action, regardless of any enforcement action taken at the commission staff level. (d) The commission shall implement the safety enforcement program for gas safety by July 1, 2014, and implement the safety enforcement program for electrical safety no later than January 1, 2015. (e) This section does not apply to an exempt wholesale generator, a qualifying small power producer, or qualifying cogenerator, as defined in Section 796 of Title 16 of the United States Code and the regulations enacted pursuant thereto. Nothing in this section affects the commission’s authority pursuant to Section 761.3. (Added by Stats. 2013, Ch. 601, Sec. 1. (SB 291) Effective January 1, 2014.)
  53. 1703.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Complaints may be joined in one hearing, and motions claiming misjoinder or nonjoinder are not allowed. In court review of commission orders or decisions, the same joinder rule applies. The commission is not required to dismiss a complaint just because the complainant lacks direct damage.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1703. All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of causes of action or grievances or misjoinder or nonjoinder of parties. In any review by the courts of orders or decisions of the commission the same rule shall apply with regard to the joinder of causes and parties as herein provided. The commission shall not be required to dismiss any complaint because of the absence of direct damage to the complainant. (Enacted by Stats. 1951, Ch. 764.)
  54. 1704.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must serve a copy of a complaint on the complained-of corporation or person, use permitted service methods in pending matters, and give at least 10 days’ notice of the hearing unless public necessity justifies an earlier hearing.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1704. Upon the filing of a complaint, the commission shall cause a copy thereof to be served upon the corporation or person complained of. Service in all hearings, investigations, and proceedings pending before the commission may be made upon any person upon whom a summons may be served in accordance with the provisions of the Code of Civil Procedure, and may be made personally or by mailing in a sealed envelope, registered, with postage prepaid. The commission shall fix the time when and place where a hearing will be had upon the complaint and shall serve notice thereof, not less than 10 days before the time set for such hearing, unless the commission finds that public necessity requires that such hearing be held at an earlier date. (Enacted by Stats. 1951, Ch. 764.)
  55. 1705.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    At a hearing, the complainant, the party complained of, and allowed intervenors may be heard and present evidence, and the commission must issue and serve its order, which generally takes effect 20 days after service.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1705. At the time fixed for any hearing before the commission or a commissioner, or the time to which the hearing has been continued, the complainant and the corporation or person complained of, and such corporations or persons as the commission allows to intervene, shall be entitled to be heard and to introduce evidence. The commission shall issue process to enforce the attendance of all necessary witnesses. After the conclusion of the hearing, the commission shall make and file its order, containing its decision. Except for decisions filed after hearings held under Section 1702.1, the decision shall contain, separately stated, findings of fact and conclusions of law by the commission on all issues material to the order or decision. A copy of such order, certified under the seal of the commission, shall be served upon the corporation or person complained of, or his or its attorney. The order shall, of its own force, take effect and become operative 20 days after the service thereof except as otherwise provided by the commission, and shall continue in force either for a period designated in it or until changed or abrogated by the commission. If the commission believes that an order cannot be complied with within 20 days, it may prescribe such additional time as in its judgment is reasonably necessary to comply with the order, and may on application and for good cause shown, extend the time for compliance fixed in its order. Decisions rendered in response to complaints filed and processed pursuant to Section 1702.1 shall not be considered as precedent or binding on the commission or the courts of this state. (Amended by Stats. 1977, Ch. 1091.)
  56. 1706.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    For formal hearings, a commission-appointed reporter must record the proceedings and testimony, and the parties may be heard in person or by attorney.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1706. A complete record of all proceedings and testimony before the commission or any commissioner on any formal hearing shall be taken down by a reporter appointed by the commission, and the parties shall be entitled to be heard in person or by attorney. In case of an action to review any order or decision of the commission, a transcript of that testimony, together with all exhibits or copies thereof introduced, and of the pleadings, record, and proceedings in the cause, shall constitute the record of the commission, but if the petitioner and the commission stipulate that certain questions alone and a specified portion only of the evidence shall be certified to the Supreme Court or the court of appeal for its judgment, the stipulation and the questions and the evidence therein specified shall constitute the record on review. The provisions of this section shall not apply to hearings held pursuant to Section 1702.1. (Amended by Stats. 1998, Ch. 886, Sec. 9. Effective January 1, 1999.)
  57. 1707.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A public utility may file a complaint on the same grounds as other parties, and the commission may handle it ex parte or direct service on parties it designates.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1707. Any public utility may complain on any of the grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases, except that the complaint may be heard ex parte by the commission or may be served upon any parties designated by the commission. (Enacted by Stats. 1951, Ch. 764.)
  58. 1708.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission may, after notice and an opportunity to be heard, rescind, alter, or amend its own orders or decisions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1708. The commission may at any time, upon notice to the parties, and with opportunity to be heard as provided in the case of complaints, rescind, alter, or amend any order or decision made by it. Any order rescinding, altering, or amending a prior order or decision shall, when served upon the parties, have the same effect as an original order or decision. (Amended by Stats. 1971, Ch. 514.)
  59. 1708.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must accept petitions from interested persons to adopt, amend, or repeal a regulation and decide each petition within six months, unless the period is extended for public review and comment.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1708.5. (a) The commission shall permit interested persons to petition the commission to adopt, amend, or repeal a regulation. (b) (1) The commission shall consider a petition and, within six months from the date of receipt of the petition, either deny the petition or institute a proceeding to adopt, amend, or repeal the regulation. (2) The commission may extend the six month period for consideration of a petition pursuant to paragraph (1) to allow public review and comment pursuant to subdivision (g) of Section 311. (c) If the commission denies a petition, the order or resolution of the commission shall include a statement of the reasons of the commission for that denial. (d) If the commission finds that it is precluded by law from granting a petition, the statement of reasons for denial pursuant to subdivision (c) shall identify the relevant provisions of law. (e) The commission shall implement this section under the Rules of Practice and Procedure in effect on January 1, 2000. On or before July 1, 2001, the commission shall amend the Rules of Practice and Procedure to provide more specific procedures for handling a petition pursuant to this section. (f) Notwithstanding Section 1708, the commission may conduct any proceeding to adopt, amend, or repeal a regulation using notice and comment rulemaking procedures, without an evidentiary hearing, except with respect to a regulation being amended or repealed that was adopted after an evidentiary hearing, in which case the parties to the original proceeding shall retain any right to an evidentiary hearing accorded by Section 1708. (Added by Stats. 1999, Ch. 568, Sec. 2. Effective January 1, 2000.)
  60. 1709.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    In collateral actions or proceedings, final orders and decisions of the commission are conclusive.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1709. In all collateral actions or proceedings, the orders and decisions of the commission which have become final shall be conclusive. (Enacted by Stats. 1951, Ch. 764.)
  61. 1710.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Records that purport to state facts generally cannot be admitted unless they are certified under penalty of perjury by the person who prepared or oversees them.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1710. No documents or records of a public utility or person or corporation which purport to be statements of fact shall be admitted into evidence or shall serve as any basis for the testimony of any witness, unless the documents or records have been certified under penalty of perjury by the person preparing or in charge of preparing them as being true and correct. If the person preparing them is dead or has been declared incompetent, any other person having knowledge of such statements of fact may certify the records. If certification pursuant to this section is not possible for any reason, the documents or records shall not be admitted into evidence unless admissible under the Evidence Code. This section shall not apply to any documents not prepared, directly or indirectly, by, or under the supervision or direction of, the public utility or person or corporation offering the documents into evidence. (Added by renumbering Section 2115 by Stats. 1982, Ch. 618, Sec. 1.)
  62. 17101.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 7. Validating Proceedings [17101- 17101.] ( Chapter 7 repealed and added by Stats. 1961, Ch. 1521. )

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    An action may be brought to test the validity of bonds or indebtedness for public utility projects, and the indebtedness is treated as existing once authorized.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 7. Validating Proceedings [17101- 17101.] ( Chapter 7 repealed and added by Stats. 1961, Ch. 1521. ) ## 17101. An action to determine the validity of bonds or indebtedness, authorized for the acquisition, construction, or completion of any public utility or public utility works, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. For such purpose an indebtedness shall be deemed to be in existence upon its authorization. (Repealed and added by Stats. 1961, Ch. 1521.)
  63. 1711.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must seek participation from affected people before defining a proceeding’s scope, except in adjudication cases, and it must explain its compliance in the initial scoping memo.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Hearings [1701 - 1711] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 1711. (a) Where feasible and appropriate, except for adjudication cases, before determining the scope of the proceeding, the commission shall seek the participation of those who are likely to be affected, including those who are likely to benefit from, and those who are potentially subject to, a decision in that proceeding. The commission shall demonstrate its efforts to comply with this section in the text of the initial scoping memo of the proceeding. (b) (1) The Policy and Planning Division of the commission shall undertake one or more studies of outreach efforts undertaken by other state and federal utility regulatory bodies and make recommendations to the commission to promote effective outreach, including metrics for use in evaluating success. (2) This subdivision shall remain in effect only until January 1, 2020, and shall have no force or effect on or after that date, unless a later enacted statute that is chaptered before January 1, 2020, deletes or extends that date. (Added by Stats. 2016, Ch. 808, Sec. 7. (SB 512) Effective January 1, 2017.)
  64. 17301.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 1. Annexation of Unincorporated Territory [17301 - 17302] ( Heading of Article 1 amended by Stats. 1972, Ch. 413. )

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    Unincorporated territory may be annexed to a district under the District Reorganization Act of 1965.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 1. Annexation of Unincorporated Territory [17301 - 17302] ( Heading of Article 1 amended by Stats. 1972, Ch. 413. ) ## 17301. Unincorporated territory contiguous or noncontiguous to a district may be annexed to the district in the manner provided in the District Reorganization Act of 1965 (commencing with Section 56000 of the Government Code). (Amended by Stats. 1972, Ch. 413.)
  65. 17302.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 1. Annexation of Unincorporated Territory [17301 - 17302] ( Heading of Article 1 amended by Stats. 1972, Ch. 413. )

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    A Lake Tahoe Basin district may annex contiguous incorporated territory if it can provide the required sewer, treatment, and transportation facilities, unless the city already provides or has started providing those facilities.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 1. Annexation of Unincorporated Territory [17301 - 17302] ( Heading of Article 1 amended by Stats. 1972, Ch. 413. ) ## 17302. Any district in the Lake Tahoe Basin which is able to provide to incorporated territory contiguous to such district a sewer system and treatment facilities sufficient to handle and treat any resultant sewage and provide transportation facilities sufficient to transport any resultant sewage effluent outside the Lake Tahoe Basin may annex such territory in the manner provided in the District Reorganization Act of 1965 unless the city of which such territory is a part provides or has undertaken to provide such sewer system, treatment and transportation facilities. (Added by Stats. 1968, Ch. 556.)
  66. 1731.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rehearings [1731 - 1736] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must set an effective date for its orders or decisions, may set that date before issuance, and must notify the parties. Certain affected parties may apply for rehearing, and some later court actions do not accrue unless a rehearing application is filed within the stated deadline.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rehearings [1731 - 1736] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 1731. (a) The commission shall set an effective date when issuing an order or decision. The commission may set the effective date of an order or decision before the date of issuance of the order or decision. (b) (1) After an order or decision has been made by the commission, a party to the action or proceeding, or a stockholder, bondholder, or other party pecuniarily interested in the public utility affected, may apply for a rehearing in respect to matters determined in the action or proceeding and specified in the application for rehearing. The commission may grant and hold a rehearing on those matters, if in its judgment sufficient reason is made to appear. A cause of action arising out of any order or decision of the commission shall not accrue in any court to any corporation or person unless the corporation or person has filed an application to the commission for a rehearing within 30 days after the date of issuance or within 10 days after the date of issuance in the case of an order issued pursuant to either Article 5 (commencing with Section 816) or Article 6 (commencing with Section 851) of Chapter 4 relating to security transactions and the transfer or encumbrance of utility property. (2) The commission shall notify the parties of the issuance of an order or decision by either mail or electronic transmission. Notification of the parties may be accomplished by one of the following methods: (A) Mailing the order or decision to the parties to the action or proceeding. (B) If a party to an action or proceeding consents in advance to receive notice of any order or decision related to the action or proceeding by electronic mail address, notification of the party may be accomplished by transmitting an electronic copy of the official version of the order or decision to the party if the party has provided an electronic mail address to the commission. (C) If a party to an action or proceeding consents in advance to receive notice of any order or decision related to the action or proceeding by electronic mail address, notification of the party may be accomplished by transmitting a link to an internet website where the official version of the order or decision is readily available to the party if the party has provided an electronic mail address to the commission. (3) For purposes of this article, “date of issuance” means the mailing or electronic transmission date that is stamped on the official version of the order or decision. (c) A cause of action arising out of an order or decision of the commission construing, applying, or implementing Chapter 4 of the Statutes of the 2001–02 First Extraordinary Session that (1) relates to the determination or implementation of the department’s revenue requirements, or the establishment or implementation of bond or power charges necessary to recover those revenue requirements, or (2) in the sole determination of the Department of Water Resources, the expedited review of order or decision of the commission is necessary or desirable, for the maintenance of any credit ratings on any bonds or notes of the department issued pursuant to Division 27 (commencing with Section 80000) of the Water Code or for the department to meet its obligations with respect to any bonds or notes pursuant to that division, shall not accrue in any court to any corporation or person unless the corporation or person has filed an application with the commission for a rehearing within 10 days after the date of issuance of the order or decision. The Department of Water Resources shall notify the commission of any determination pursuant to paragraph (2) of this subdivision before the issuance by the commission of any order or decision construing, applying, or implementing Chapter 4 of the Statutes of the 2001–02 First Extraordinary Session. The commission shall issue its decision and order on rehearing within 210 days after the filing of the application. (d) A cause of action arising out of an order or decision of the commission construing, applying, or implementing Article 5.7 (commencing with Section 849) or Article 5.8 (commencing with Section 850) of Chapter 4 shall not accrue in any court to any entity or person unless the entity or person has filed an application to the commission for a rehearing within 10 days after the date of issuance of the order or decision. The commission shall issue its decision and order on rehearing within 210 days after the filing of that application. (e) A cause of action arising out of an executive director disposition of a protest to a General Order 131-D notice of proposed construction deemed exempt from the requirement to submit an application for a permit or certificate for an electrical transmission facility shall not accrue in any court to any entity or person unless the entity or person has filed an application to the commission for a rehearing within 10 days after the date of issuance of the disposition. The commission shall issue its decision and order on rehearing within 90 days after the filing of that application. (Amended by Stats. 2024, Ch. 299, Sec. 3. (AB 551) Effective January 1, 2025.)
  67. 1732.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rehearings [1731 - 1736] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    An application for rehearing must specifically state the grounds for claiming the decision or order is unlawful.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rehearings [1731 - 1736] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 1732. The application for a rehearing shall set forth specifically the ground or grounds on which the applicant considers the decision or order to be unlawful. No corporation or person shall in any court urge or rely on any ground not so set forth in the application. (Enacted by Stats. 1951, Ch. 764.)
  68. 1733.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rehearings [1731 - 1736] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section sets deadlines for rehearing applications and the related order suspension.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rehearings [1731 - 1736] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 1733. (a) Any application for a rehearing made 10 days or more before the effective date of the order as to which a rehearing is sought, shall be either granted or denied before the effective date, or the order shall stand suspended until the application is granted or denied; but, absent further order of the commission the order shall not stand so suspended for more than 60 days after the date of filing of the application, at which time the suspension shall lapse, the order shall become effective, and the application may be taken by the party making it to be denied. (b) Any application for a rehearing made within less than 10 days before the effective date of the order as to which a rehearing is sought, and not granted within 60 days, may be taken by the party making the application to be denied, unless the effective date of the order is extended for the period of the pendency of the application. (Amended by Stats. 1973, Ch. 162.)
  69. 1734.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rehearings [1731 - 1736] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    If a rehearing is granted without suspending the order, the commission must hear and decide it quickly, within 20 days after final submission.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rehearings [1731 - 1736] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 1734. If any application for a rehearing is granted without a suspension of the order involved, the commission shall forthwith proceed to hear the matter with all dispatch and shall determine the matter within 20 days after final submission. If no determination is made within that time, it may be taken by any party to the rehearing that the order involved is affirmed. (Enacted by Stats. 1951, Ch. 764.)
  70. 1735.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rehearings [1731 - 1736] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A rehearing application does not automatically excuse compliance with a commission order or stop its enforcement, unless the commission orders otherwise.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rehearings [1731 - 1736] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 1735. An application for rehearing shall not excuse any corporation or person from complying with and obeying any order or decision, or any requirement of any order or decision of the commission theretofore made, or operate in any manner to stay or postpone the enforcement thereof, except in such cases and upon such terms as the commission by order directs. (Enacted by Stats. 1951, Ch. 764.)
  71. 1736.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rehearings [1731 - 1736] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    After rehearing, the commission may change, modify, or cancel its original order or decision if it finds it unjust, unwarranted, or needing change.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rehearings [1731 - 1736] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 1736. If, after such rehearing and a consideration of all the facts, including those arising since the making of the order or decision, the commission is of the opinion that the original order or decision or any part thereof is in any respect unjust or unwarranted, or should be changed, the commission may abrogate, change, or modify it. The order or decision abrogating, changing, or modifying the original order or decision shall have the same force and effect as an orginal order or decision, but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision unless so ordered by the commission. (Enacted by Stats. 1951, Ch. 764.)
  72. 17360.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    This section defines “petitioning district” for this article.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17360. As used in this article, “petitioning district” means any public utility district, water district, or irrigation district containing land which is to be annexed to a public utility district. (Added by Stats. 1953, Ch. 72.)
  73. 17361.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    This article defines “annexing district” as a public utility district that land will be annexed to.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17361. As used in this article, “annexing district” means any public utility district to which land is to be annexed. (Added by Stats. 1953, Ch. 72.)
  74. 17362.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

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    Certain noncontiguous land meeting the listed size and boundary conditions may be annexed to the annexing district.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17362. Land not a part of and not contiguous to any district, containing at least 10 privately owned acres, and lying within the exterior boundaries of any petitioning district, the nearest boundary of which is within three miles of the nearest boundary of the annexing district may be annexed to the annexing district in the manner provided in this article or in the District Reorganization Act of 1965 (commencing at Section 56000, Government Code). When proceedings for such annexation are taken pursuant to this article, only the provisions of this article shall apply thereto. (Amended by Stats. 1965, Ch. 2043.)
  75. 17363.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

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    The petitioning district’s board of directors or other governing body may ask by petition to annex lands within its boundaries to the annexing district, on the terms stated in the petition.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17363. The board of directors or other governing body of the petitioning district may request by petition that lands lying within its boundaries and described in the petition be annexed to the annexing district upon such terms and conditions as are set forth in the petition. (Added by Stats. 1953, Ch. 72.)
  76. 17364.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    A petition must be addressed to the board of directors of the annexing district and filed with the district secretary.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17364. The petition shall be addressed to the board of directors of the annexing district and filed with the secretary of the annexing district. (Added by Stats. 1953, Ch. 72.)
  77. 17365.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    A petitioning district may execute and file the petition only if its board of directors authorizes it by resolution, and a certified copy of that resolution must be filed with the petition.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17365. The execution and filing of the petition by the petitioning district shall be authorized by resolution of its board of directors and a certified copy of the resolution shall be filed with the petition. (Added by Stats. 1953, Ch. 72.)
  78. 17366.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    The board of directors of the annexing district must decide the terms and conditions for annexation if it finds certain benefit and no-disadvantage conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17366. If the board of directors of the annexing district determines that the annexation of the territory will facilitate the acquisition, construction, completion, or operation of any public utilities works of the petitioning district, or the annexing district, and will not operate to the disadvantage of the annexing district, and that the territory proposed to be annexed will be benefited by the annexation, it shall determine the terms and conditions upon which the annexation shall be made. (Added by Stats. 1953, Ch. 72.)
  79. 17367.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    The board may set annexation terms and conditions covering liability, assessments, charges, and utility-service costs for the land to be annexed.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17367. In the terms and conditions, the board may provide for any of the following: (a) That the territory to be annexed shall not become liable by assessment or otherwise (1) for any of the outstanding obligations of the annexing district; (2) for any expense incurred in acquiring property used or to be used for the servicing of any land within the exterior boundaries of the annexing district as they then exist; (3) for any costs or charges incurred in connection with the replacement or construction of any utility system or for the delivery of any commodity or service within the annexing district. (b) That the land to be annexed shall be subject to such assessments and charges as required to provide (1) for any utility system or property necessary to serve the annexed land; (2) for the costs of maintaining, servicing, and operating such properties. (c) That the liability of the land to be annexed may be limited solely to the fixing and collecting of charges for utilities or commodities actually supplied to the petitioning district by the annexing district. (Added by Stats. 1953, Ch. 72.)
  80. 17368.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    In annexation terms and conditions, the district may allow direct delivery of property, services, or commodities to the petitioning district and may make annexation conditional on obtaining needed approvals.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17368. The terms and conditions may also provide for any of the following: (a) That any and all property, services, or commodities may be delivered directly to the petitioning district. (b) That the annexation may be made contingent upon the annexing district obtaining the necessary approval for the annexing of such lands from any and all agencies, authorities, and districts of which the annexing district may be a member. (c) That the annexed territory may be required to waive and will not be entitled to receive, use, or participate in any services, commodities, or property or some specific part thereof which may be owned by the annexing district, or to which it may be entitled. (d) Any other terms and conditions authorized by the District Reorganization Act of 1965 (commencing at Section 56000, Government Code). (Amended by Stats. 1965, Ch. 2043.)
  81. 17369.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    When approved as required by this article, the annexation terms and conditions become effective and binding on the annexing district, the territory to be annexed, and the petitioning district.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17369. The terms and conditions shall become effective and binding upon the annexing district and upon the territory to be annexed and the petitioning district when approved in the manner provided in this article. (Added by Stats. 1953, Ch. 72.)
  82. 17370.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    The board of directors of the annexing district must describe the territory to be annexed and state the terms and conditions for the annexation in its resolution.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17370. The resolution of the board of directors of the annexing district shall describe the territory proposed to be annexed and set forth the terms and conditions at length upon which the annexation is proposed to be made, and declare the board’s intention of approving such annexation upon the terms and conditions therein specified. (Added by Stats. 1953, Ch. 72.)
  83. 17370.1.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    After the annexing district’s board adopts a resolution to approve an annexation, the district secretary must file a certified copy of that resolution with the executive officer of the local agency formation commission.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17370.1. After the board of directors of the annexing district shall have adopted a resolution declaring its intention of approving an annexation the secretary of such district shall file a certified copy of such resolution with the executive officer of the local agency formation commission. (Added by Stats. 1965, Ch. 2043.)
  84. 17370.2.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    After a resolution is filed, the local agency formation commission must process the annexation proceedings under the specified procedures. If the commission approves the resolution and proposed annexation, the annexing district’s board of directors must finish the annexation proceedings, subject to the commission’s determinations.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17370.2. After said resolution has been filed with the executive officer, proceedings thereon shall be taken by the local agency formation commission in the manner and subject to the provisions of Part 4 (commencing at Section 56250, Government Code) of the District Reorganization Act of 1965. If the resolution and proposed annexation are approved by the commission, with or without amendment, wholly, partially or conditionally, it shall be mandatory for the board of directors of the annexing district to complete the proceedings for such annexation, subject to compliance with the commission’s resolution making determinations. (Added by Stats. 1965, Ch. 2043.)
  85. 17371.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    After the local agency formation commission acts, the annexing district’s board must publish its annexation resolution and a hearing notice, and the publication must follow Section 6061 and use a qualifying newspaper.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17371. After receipt of the resolution of the local agency formation commission making determinations, the board of directors of the annexing district shall cause publication of its resolution declaring its intention of approving such annexation and a notice fixing the time and place of hearing thereon and notifying all persons interested in or that may be affected by the proposed annexation of territory to appear at the meeting and show cause in writing, if any they have, why the territory or any part of it should not be annexed as proposed in the resolution. The notice and resolution shall be published pursuant to Section 6061 of the Government Code in a newspaper of general circulation printed and published in the annexing district, or if there is no such newspaper, in a newspaper of general circulation printed and published in the county where all or a part of the annexing district is situated. (Amended by Stats. 1965, Ch. 2043.)
  86. 17372.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    The hearing date must be set between 20 and 60 days after first publication of the resolution, and the notice and resolution must be posted in three public places at least 15 days before the hearing.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17372. The time fixed for hearing shall not be less than 20 days nor more than 60 days after the date of the first publication of the resolution, and the notice and resolution shall be posted in three public places in the territory proposed to be annexed at least 15 days before the date set for the hearing. (Added by Stats. 1953, Ch. 72.)
  87. 17373.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    The annexing district’s board of directors must hear relevant evidence at the hearing or any continuance, and decide whether the territory will be annexed and on what terms, if any.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17373. At the hearing or any continuance thereof, the board of directors of the annexing district shall hear all relevant evidence and shall determine whether the territory shall be annexed and upon what terms and conditions, if any, such annexation shall be made. (Added by Stats. 1953, Ch. 72.)
  88. 17374.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    Any interested person may file a written protest with the annexing district’s board of directors at the hearing or before it.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17374. At the hearing or any prior time, any person interested may file with the board of directors of the annexing district a written protest to the proposed annexation or to the approval of the terms and conditions. (Added by Stats. 1953, Ch. 72.)
  89. 17375.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    If written protests are filed by owners of taxable property in the proposed annexation territory, the board of directors must send the protests to the county board of supervisors, and the board of supervisors must hold a hearing after notice is given as required.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17375. If written protests are filed by the owners of taxable property in the territory proposed to be annexed, the board of directors shall refer the protests to the board of supervisors of the county in which the district is situated. The board of supervisors shall thereupon hold a hearing on the protests after notice given in the manner provided in Article 2, Chapter 2 of this division. (Added by Stats. 1953, Ch. 72.)
  90. 17376.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    If the board of supervisors finds protested property will not be substantially benefited by annexation, it may tell the annexing district’s board of directors, and that board must take steps to keep the property out of the annexation.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17376. If the board of supervisors finds and determines at the hearing that the property described in the protests will not be substantially benefited by annexation to the district, it may notify the board of directors of the annexing district that such property shall not be annexed to the district, and the board of directors shall take the necessary steps to exclude the property from the territory proposed to be annexed. (Added by Stats. 1953, Ch. 72.)
  91. 17377.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    If a person interested in land in the annexing district or territory to be annexed does not file a written protest, that person is deemed to have assented to the annexation.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17377. Any person who is interested in any land located within the annexing district or the territory to be annexed and who does not file a written protest is deemed to have assented to the annexation of the territory set forth in the petition of the petitioning district, and upon the terms and conditions set forth therein. (Added by Stats. 1953, Ch. 72.)
  92. 17378.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    After the hearing, the board of directors of the annexing district may adopt a resolution approving the annexation.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17378. After the hearing, the board of directors of the annexing district may adopt a resolution ordering and approving the annexation. (Amended by Stats. 1965, Ch. 2043.)
  93. 17379.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    The annexing board must use a resolution to describe the territory to be annexed and the district boundaries after annexation.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17379. The annexing board shall by resolution describe the territory ordered to be annexed, and set forth the boundaries of the district as they will exist after the annexation. The order shall also set forth in detail the terms and conditions, if any, of the annexation; and if the annexation is for limited purposes only, the land which is being annexed shall be described as one parcel and the land of the annexing district shall be described as a separate and distinct parcel. (Amended by Stats. 1965, Ch. 2043.)
  94. 17380.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    After the annexation resolution is adopted, the district secretary must file the required Chapter 8 documents and include a certified copy of the Section 17379 resolution.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17380. After adoption of the resolution ordering the annexation, the secretary of the annexing district shall make the filings provided for in Chapter 8 (commencing at Section 56450, Government Code) of Part 5 of the District Reorganization Act of 1965. A certified copy of the resolution provided for by Section 17379 shall accompany and be made a part of such filings. The annexation shall be completed and effective on the dates specified in said Chapter 8. (Repealed and added by Stats. 1965, Ch. 2043.)
  95. 17381.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    Annexing territory into a public utility district does not destroy a public corporation’s or public agency’s identity or legal existence, or impair its powers.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 8. Annexation [17301 - 17381] ( Chapter 8 added by Stats. 1953, Ch. 72. ) ## ARTICLE 2. Annexation of Noncontiguous Territory [17360 - 17381] ( Article 2 added by Stats. 1953, Ch. 72. ) ## 17381. The inclusion in, or annexation or addition to, a public utility district of the corporate area of any public corporation or public agency shall not destroy the identity or legal existence or impair the powers of any such public corporation or public agency, notwithstanding the identity of purpose, or substantial identity of purpose, of such public utility district. (Added by Stats. 1953, Ch. 72.)
  96. 17501.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 9. Exclusion of Territory [17501- 17501.] ( Chapter 9 added by Stats. 1953, Ch. 72. )

    Verify source ↗

    Territory inside a district that is not benefited by the district may be excluded from the district through proceedings under the District Reorganization Act of 1965.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 9. Exclusion of Territory [17501- 17501.] ( Chapter 9 added by Stats. 1953, Ch. 72. ) ## 17501. Any territory within a district which is not benefited in any manner by the district or its continued inclusion therein may be excluded from the district by proceedings under and pursuant to the District Reorganization Act of 1965 (commencing at Section 56000, Government Code). (Amended by Stats. 1965, Ch. 2043.)
  97. 1756.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    An aggrieved party may seek judicial review of a commission decision within specified time limits, and the petition must be served on the commission’s executive director and general counsel.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1756. (a) Within 30 days after the commission issues its decision denying the application for a rehearing, or, if the application was granted, then within 30 days after the commission issues its decision on rehearing, or at least 120 days after the application is granted if no decision on rehearing has been issued, any aggrieved party may petition for a writ of review in the court of appeal or the Supreme Court for the purpose of having the lawfulness of the original order or decision or of the order or decision on rehearing inquired into and determined. If the writ issues, it shall be made returnable at a time and place specified by court order and shall direct the commission to certify its record in the case to the court within the time specified. (b) The petition for review shall be served upon the executive director and the general counsel of the commission either personally or by service at the office of the commission. (c) For purposes of this section, the issuance of a decision or the granting of an application shall be construed to have occurred on the date of issuance, as defined in paragraph (4) of subdivision (b) of Section 1731. (d) The venue of a petition filed in the court of appeal pursuant to this section shall be in the judicial district in which the petitioner resides. If the petitioner is a business, venue shall be in the judicial district in which the petitioner has its principal place of business in California. (e) Any party may seek from the Supreme Court, pursuant to California Rules of Court, an order transferring related actions to a single appellate district. (f) For purposes of this section, review of decisions pertaining solely to water corporations shall only be by petition for writ of review in the Supreme Court, except that review of complaint or enforcement proceedings may be in the court of appeal or the Supreme Court. (g) No order or decision arising out of a commission proceeding under Section 854 shall be reviewable in the court of appeal pursuant to subdivision (a) if the application for commission authority to complete the merger or acquisition was filed on or before December 31, 1998, by two telecommunications-related corporations including at least one which provides local telecommunications service to over one million California customers. These orders or decisions shall be reviewed pursuant to the Public Utilities Code in existence on December 31, 1998. (Amended by Stats. 2006, Ch. 217, Sec. 7. Effective January 1, 2007.)
  98. 1756.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    In judicial review proceedings in the Supreme Court or court of appeal, the commission may appear and be heard as a party.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1756.2. In any proceeding reviewing an order or decision of the commission in the Supreme Court or court of appeal, the commission may appear and be heard as a party. (Added by Stats. 1996, Ch. 855, Sec. 6. Effective January 1, 1997.)
  99. 1757.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The court’s review is limited to the certified record, and it may not take new evidence, hold a trial de novo, or use its own independent judgment on the evidence.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1757. (a) No new or additional evidence shall be introduced upon review by the court. In a complaint or enforcement proceeding, or in a ratemaking or licensing decision of specific application that is addressed to particular parties, the review by the court shall not extend further than to determine, on the basis of the entire record which shall be certified by the commission, whether any of the following occurred: (1) The commission acted without, or in excess of, its powers or jurisdiction. (2) The commission has not proceeded in the manner required by law. (3) The decision of the commission is not supported by the findings. (4) The findings in the decision of the commission are not supported by substantial evidence in light of the whole record. (5) The order or decision of the commission was procured by fraud or was an abuse of discretion. (6) The order or decision of the commission violates any right of the petitioner under the Constitution of the United States or the California Constitution. (b) Nothing in this section shall be construed to permit the court to hold a trial de novo, to take evidence other than as specified by the California Rules of Court, or to exercise its independent judgment on the evidence. (c) Notwithstanding subdivision (a), the standard of review in this section shall not apply to ratemaking or licensing decisions of specific application addressed solely to water corporations. (Repealed and added by Stats. 2000, Ch. 953, Sec. 3. Effective January 1, 2001.)
  100. 1757.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Courts reviewing these commission decisions are limited to the certified record and may not take new or additional evidence.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1757.1. (a) In any proceeding other than a proceeding subject to the standard of review under Section 1757, review by the court shall not extend further than to determine, on the basis of the entire record which shall be certified by the commission, whether any of the following occurred: (1) The order or decision of the commission was an abuse of discretion. (2) The commission has not proceeded in the manner required by law. (3) The commission acted without, or in excess of, its powers or jurisdiction. (4) The decision of the commission is not supported by the findings. (5) The order or decision was procured by fraud. (6) The order or decision of the commission violates any right of the petitioner under the Constitution of the United States or the California Constitution. (b) In reviewing decisions pertaining solely to water corporations, the review shall not be extended further than to determine whether the commission has regularly pursued its authority, including a determination whether the order or decision under review violates any right of the petitioner under the Constitution of the United States or this state. (c) No new or additional evidence shall be introduced upon review by the court. The findings and conclusions of the commission on findings of fact shall be final and shall not be subject to review except as provided in this article. The questions of fact shall include ultimate facts and findings and conclusions of the commission on reasonableness and discrimination. (Repealed and added by Stats. 2000, Ch. 953, Sec. 5. Effective January 1, 2001.)
  101. 1758.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission and parties may appear in a review proceeding, the court must enter judgment on the commission order or decision, and the Supreme Court must expedite certain petitions and may review court of appeal decisions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1758. (a) The commission and each party to the action or proceeding before the commission may appear in the review proceeding. Upon the hearing the Supreme Court or court of appeal shall enter judgment either affirming or setting aside the order or decision of the commission. (b) The provisions of the Code of Civil Procedure relating to writs of review shall, so far as applicable and not in conflict with this part, apply to proceedings instituted in the Supreme Court or court of appeal under this article. (c) Under this article, the Supreme Court may review decisions of the court of appeal in the manner provided for other civil actions. (d) The Supreme Court shall grant expedited consideration to any party or commission petition alleging that the court of appeal has assumed jurisdiction to review a commission decision pertaining solely to water corporations over which the court of appeal has no jurisdiction. (Repealed and added by Stats. 2000, Ch. 953, Sec. 7. Effective January 1, 2001.)
  102. 1759.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Most courts in this state may not review or interfere with commission orders or official duties, except as this article allows for the Supreme Court and the court of appeal.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1759. (a) No court of this state, except the Supreme Court and the court of appeal, to the extent specified in this article, shall have jurisdiction to review, reverse, correct, or annul any order or decision of the commission or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties, as provided by law and the rules of court. (b) The writ of mandamus shall lie from the Supreme Court and from the court of appeal to the commission in all proper cases as prescribed in Section 1085 of the Code of Civil Procedure. (Amended by Stats. 1998, Ch. 886, Sec. 16. Effective January 1, 1999.)
  103. 1760.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    When a utility order or decision is challenged as violating constitutional rights, the Supreme Court or court of appeal must independently decide the law and facts, and the commission’s material findings or conclusions are not final.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1760. Notwithstanding Sections 1757 and 1757.1, in any proceeding wherein the validity of any order or decision is challenged on the ground that it violates any right of petitioner under the United States Constitution or the California Constitution, the Supreme Court or court of appeal shall exercise independent judgment on the law and the facts, and the findings or conclusions of the commission material to the determination of the constitutional question shall not be final. (Amended by Stats. 1998, Ch. 886, Sec. 17. Effective January 1, 1999.)
  104. 1761.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Any stay or suspension of a commission order or decision must follow this article and the rules of court.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1761. (a) Any stay or suspension of an order or decision of the commission shall be granted only in accordance with this article and the rules of court. (b) A stay may be issued against any order or decision of the commission, other than an order or decision increasing or decreasing rates or changing a rate classification. (Repealed and added by Stats. 1996, Ch. 855, Sec. 13. Effective January 1, 1997.)
  105. 1762.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Courts may not stay or suspend a commission order or decision without five days’ notice and a hearing, and any stay order must include specific findings. The court may also issue a temporary stay in limited circumstances before the hearing.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1762. (a) Except as provided in this section, no order staying or suspending an order or decision of the commission shall be made by the Supreme Court or court of appeal except upon five days’ notice and after hearing. If the order or decision of the commission is stayed or suspended, the order suspending it shall contain a specific finding, based upon evidence submitted to the court and identified by reference thereto. (b) The specific finding made pursuant to subdivision (a) shall certify that great or irreparable damage would otherwise result to the petitioner and specify the nature of the damage. (c) The Supreme Court or court of appeal may grant a temporary stay restraining the operation of the commission order or decision, other than an order or decision authorizing an increase or decrease in rates or changing a rate classification, at any time before the required hearing and determination of the application for a stay when, in the opinion of the court, irreparable loss or damage would result to petitioner unless the temporary stay is granted. The temporary stay shall remain in force only until the hearing determination of the application for a stay upon notice. The hearing of the application for a stay shall be given precedence and assigned for hearing at the earliest practicable day after the expiration of the notice. (Amended by Stats. 1996, Ch. 855, Sec. 14. Effective January 1, 1997.)
  106. 1763.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A temporary stay may be granted only if specific facts show immediate and irreparable harm, and it must be promptly documented and heard.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1763. (a) No temporary stay shall be granted by the Supreme Court or court of appeal unless it clearly appears from specific facts shown by the verified petition that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and hearing had on a motion for a stay as provided in this article. (b) Every temporary stay shall be endorsed with the date and hour of issuance, shall be forthwith filed in the clerk’s office and entered of record, shall define the injury and state why it appears to be irreparable and why the order was granted without notice, and shall by its terms expire within a time after entry not to exceed 10 days as the court may fix, unless within the time so fixed the order is extended for a like period for good cause shown and the reasons for the extension entered of record. (c) In case a temporary stay is granted without notice, the matter of the issuance of a stay shall be set down for hearing at the earliest possible time, and when it comes up for hearing the party obtaining the temporary stay shall proceed with the application for a stay. If the party does not so proceed, the court shall dissolve the temporary stay. (Amended by Stats. 1996, Ch. 855, Sec. 15. Effective January 1, 1997.)
  107. 1764.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If a commission order is stayed, the court’s order does not take effect until a suspending bond is filed and approved.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1764. In case the order or decision of the commission is stayed or a temporary stay granted, the order of the Supreme Court or court of appeal shall not become effective until a suspending bond is executed and filed with and approved by the court, payable to the people of the State of California and sufficient in amount and security to insure the prompt payment by the party petitioning for the review, of all damages caused by the delay in the enforcement of the order or decision of the commission and of all money which any person or corporation may be compelled to pay pending the review of the proceedings for transportation, transmission, product, commodity, or service in excess of the charges fixed by the order or decision of the commission, in case the order or decision is sustained. (Amended by Stats. 1996, Ch. 855, Sec. 16. Effective January 1, 1997.)
  108. 1766.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The Supreme Court or court of appeal may not stay or suspend certain commission rate orders, and if such an order is set aside, the matter goes back to the commission for further action without refunds and with only prospective rate relief.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1766. (a) Under no circumstance shall the Supreme Court or court of appeal stay or suspend any order or decision by the commission authorizing an increase or decrease in rates or changing any rate classification. (b) If a commission order or decision authorizing any increase or decrease in rates, or changing any rate classification, is set aside by the Supreme Court or court of appeal, the matter shall be referred back to the commission for further action consistent with the order of the court. The commission, in taking this further action, shall not authorize refunds, and any relief ordered by the commission that shall have the effect of increasing or decreasing rates shall be prospective only. (Amended by Stats. 1996, Ch. 855, Sec. 18. Effective January 1, 1997.)
  109. 1767.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    Certain public-utilities review matters must be heard and decided before other civil cases, except election cases.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1767. All actions and proceedings under this part and all actions or proceedings to which the commission or the people of the State of California are parties in which any question arises under this part, or under or concerning any order or decision of the commission, shall be preferred over, and shall be heard and determined in preference to, all other civil business except election causes, irrespective of position on the calendar. The same preference shall be granted upon application of the attorney of the commission in any action or proceeding in which he is allowed to intervene. (Enacted by Stats. 1951, Ch. 764.)
  110. 1768.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    This section sets special rules for judicial review of certain commission orders, including a 30-day deadline for an aggrieved party to seek review in the California Supreme Court.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1768. The following procedures shall apply to judicial review of an order or decision of the commission interpreting, implementing, or applying the provisions of Chapter 4 of the Statutes of the 2001–02 First Extraordinary Session that (1) relates to the determination or implementation of the revenue requirements of the Department of Water Resources or the establishment or implementation of bond or power charges necessary to recover those revenue requirements, or (2) in the sole determination of the department, the expedited review of an order or decision of the commission is necessary or desirable, for the maintenance of any credit ratings on any bonds or notes of the department issued pursuant to Division 27 (commencing with Section 80000) of the Water Code or for the department to meet its obligations with respect to any bonds or notes pursuant to that division: (a) Within 30 days after the commission issues its order or decision denying the application for a rehearing, or, if the application is granted, then within 30 days after the commission issues its decision on rehearing, any aggrieved party may petition for a writ of review in the California Supreme Court for the purpose of determining the lawfulness of the original order or decision or of the order or decision on rehearing. If the writ issues, it shall be made returnable at a time and place specified by court order and shall direct the commission to certify its record in the case to the court within the time specified. No order of the commission interpreting, implementing, or applying the provisions of Chapter 4 of the Statutes of the 2001–02 First Extraordinary Session shall be subject to review in the courts of appeal. (b) The petition for review shall be served upon the executive director and the general counsel of the commission either personally or by service at the office of the commission. (c) For purposes of this section, the issuance of a decision or the granting of an application shall be construed to have occurred on the date of issuance, as defined in paragraph (4) of subdivision (b) of Section 1731. (d) All actions and proceedings under this section and all actions or proceedings to which the commission or the people of the State of California are parties in which any question arises under this section, or under or concerning any order or decision of the commission under this section, shall be preferred over, and shall be heard and determined in preference to, all other civil business except election causes, irrespective of position on the calendar. (e) The provisions of this article apply to actions under this section to the extent that those provisions are not in conflict with this section. (Amended by Stats. 2006, Ch. 217, Sec. 8. Effective January 1, 2007.)
  111. 1770.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section sets procedures for judicial review of certain commission orders, including a 30-day filing window, service of the petition on the commission’s executive director, and no court of appeals review.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Judicial Review [1756 - 1770] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 1770. The following procedures shall apply to the judicial review of an order or decision of the commission in interpreting, implementing, or applying the provisions of Article 5.7 (commencing with Section 849) of Chapter 4 of Part 1 of Division 1: (a) Within 30 days after the commission issues its order or decision denying the application for a rehearing or, if the application is granted, within 30 days after the commission issues its decision on rehearing, an aggrieved party may petition for a writ of review in the California Supreme Court for the purpose of determining the lawfulness of the original order or decision or of the order or decision on the rehearing. If the writ is issued, it shall be made returnable at a time and place specified by court order and shall direct the commission to certify its record in the case to the court within the time specified. No order of the commission interpreting, implementing, or applying the provisions of Article 5.7 (commencing with Section 849) of Chapter 4 of Part 1 of Division 1 shall be subject to review in a court of appeals. (b) The petition for review shall be served upon the executive director of the commission either personally or by service at the office of the commission. (c) For purposes of this section, the issuance of a decision or the granting of an application shall be construed to have occurred on the date when the commission mails the decision or grant to the parties of the action or proceeding. (d) To the extent that the provisions do not conflict, provisions in this article shall apply to actions under this section. (Added by Stats. 2014, Ch. 482, Sec. 8. (SB 936) Effective January 1, 2015.)
  112. 1791.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Witnesses [1791 - 1795] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Witnesses ordered to appear by the commission or a commissioner are entitled to civil-case fees and mileage, with payment usually made by the requesting party or by commission funds in some cases.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Witnesses [1791 - 1795] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 1791. Each witness who appears by order of the commission or a commissioner shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which shall be paid by the party at whose request the witness is subpenaed. When any witness who has not been required to attend at the request of any party is subpenaed by the commission, his fees and mileage shall be paid from the funds appropriated for the use of the commission in the same manner as other expenses of the commission are paid. Any witness subpenaed except one whose fees and mileage may be paid from the funds of the commission, may, at the time of service, demand the fee to which he is entitled for travel to and from the place at which he is required to appear, and one day’s attendance. If such witness demands such fees at the time of service, and they are not at that time paid or tendered, he shall not be required to appear. All fees or mileage to which any witness is entitled under the provisions of this section may be collected by action therefor instituted by the person to whom such fees are payable. No witness furnished with free transportation shall receive mileage for the distance he may have traveled on such free transportation. (Enacted by Stats. 1951, Ch. 764.)
  113. 1792.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Witnesses [1791 - 1795] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If a witness refuses to attend, testify, or produce required papers, the commission or a commissioner may ask the superior court for an order compelling compliance.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Witnesses [1791 - 1795] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 1792. In case of the refusal of any witness to attend or testify or produce any papers required by a subpena issued by the commission or any commissioner, the commission or the commissioner may file, in the superior court in and for the county, or city and county, in which the proceedings is pending, a petition, setting forth that due notice has been given of the time and place of attendance of the witness, or the production of the papers, and that the witness has been summoned in the manner prescribed in this part and has failed and refused to attend or produce the papers required by the subpena, or has refused to answer questions propounded to him in the course of the proceeding. The petition shall include a request for an order of the court, compelling the witness to attend and testify or produce the papers before the commission. (Enacted by Stats. 1951, Ch. 764.)
  114. 1793.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Witnesses [1791 - 1795] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    On petition, the court must order the witness to appear and explain the failure to attend, testify, or produce papers; if the subpoena was properly issued, the court must also order appearance before the commission or commissioner.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Witnesses [1791 - 1795] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 1793. Upon the filing of the petition the court shall enter an order directing the witness to appear before the court at a time and place fixed in the order and show cause why he has not attended and testified or produced said papers before the commission. The time fixed shall not be more than 10 days from the date of the order. A copy of the order shall be served upon the witness. If it appears to the court that the subpena was regularly issued by the commission or a commissioner, the court shall thereupon enter an order that the witness appear before the commission or commissioner at the time and place fixed in the order, and testify or produce the required papers, and upon failure to obey the order, the witness shall be dealt with as for contempt of court. The remedy provided in this section is cumulative, and shall not be construed to impair or interfere with the power of the commission or a commissioner to enforce the attendance of witnesses and the production of papers, and to punish for contempt in the same manner and to the same extent as courts of record. (Enacted by Stats. 1951, Ch. 764.)
  115. 1794.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Witnesses [1791 - 1795] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    In investigations or hearings before the commission, the commission, any commissioner, or any party may take witness depositions and compel witness attendance and document production.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Witnesses [1791 - 1795] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 1794. The commission or any commissioner or any party may, in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure and to that end may compel the attendance of witnesses and the production of books, waybills, documents, papers, and accounts. (Amended by Stats. 2004, Ch. 182, Sec. 57. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  116. 1795.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Witnesses [1791 - 1795] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A person ordered by the commission or a commissioner must testify or produce specified records, even if doing so may incriminate them.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Witnesses [1791 - 1795] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 1795. No person shall be excused from testifying or from producing any book, waybill, document, paper, or account in any investigation or inquiry by or hearing before the commission or any commissioner, when ordered to do so, upon the ground that the testimony or evidence, book, waybill, document, paper, or account required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person shall be prosecuted, punished, or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which, under oath, he has testified or produced documentary evidence, but no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein contained shall be construed as in any manner giving to any public utility immunity of any kind. (Enacted by Stats. 1951, Ch. 764.)
  117. 18.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. )

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    For this code section, “County” includes a city and county.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 18. “County” includes city and county. (Enacted by Stats. 1951, Ch. 764.)
  118. 180000.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 1. General Provisions [180000 - 180003] ( Chapter 1 added by Stats. 1987, Ch. 786, Sec. 1. )

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    This division is named the Local Transportation Authority and Improvement Act and may be cited by that name.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 1. General Provisions [180000 - 180003] ( Chapter 1 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180000. This division shall be known and may be cited as the Local Transportation Authority and Improvement Act. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  119. 180001.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 1. General Provisions [180000 - 180003] ( Chapter 1 added by Stats. 1987, Ch. 786, Sec. 1. )

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    The Legislature declares local transportation improvements are a high priority and says local revenues for transportation should supplement, not replace, existing local revenues.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 1. General Provisions [180000 - 180003] ( Chapter 1 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180001. The Legislature hereby finds and declares all of the following: (a) Local highway and transportation improvements and services are an immediate high priority needed to resolve local and regional transportation problems that threaten the economic viability and development potential of counties and cities and adversely impact the quality of life therein. Furthermore, regional transportation is a matter of statewide concern. (b) Comprehensive studies and reports have been completed by the Department of Transportation, the Assembly Office of Research, the Governor’s Task Force on Infrastructure, and the California Business Roundtable which conclude that there exists a local city street and county road maintenance backlog and shortfall of between five hundred million dollars ($500,000,000) and eight hundred forty million dollars ($840,000,000) annually. (c) In order to deal in an expeditious manner with current and future local transportation maintenance and improvement needs, local agencies need to develop and implement local funding programs that go significantly beyond current federal and state funding which is inadequate to resolve these problems. (d) It is in the public interest to allow the voters of each county to establish local transportation authorities and raise additional local revenues to provide highway capital improvements and maintenance and to meet local transportation needs in a timely manner. (e) It is the intent of the Legislature that funds generated pursuant to this division be used to supplement and not replace existing local revenues used for transportation purposes. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  120. 180002.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 1. General Provisions [180000 - 180003] ( Chapter 1 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    This section defines “Authority” as a local transportation authority created or designated under this division.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 1. General Provisions [180000 - 180003] ( Chapter 1 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180002. “Authority” means a local transportation authority created or designated pursuant to this division. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  121. 180003.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 1. General Provisions [180000 - 180003] ( Chapter 1 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    This section says the division should be interpreted broadly to carry out its purposes, and that inadvertent mistakes or omissions in procedures do not invalidate the proceeding or related levy unless fraud is involved.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 1. General Provisions [180000 - 180003] ( Chapter 1 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180003. This division shall be liberally construed in order to effectuate its purposes. No inadvertent error, irregularity, informality, or the inadvertent neglect or omission of any officer, in any procedure taken under this division, other than fraud, shall void or invalidate that proceeding or any levy imposed to finance highway improvements or local transportation needs. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  122. 180050.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 2. Creation of Local Transportation Authority [180050 - 180052] ( Chapter 2 added by Stats. 1987, Ch. 786, Sec. 1. )

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    A county board of supervisors may create an authority, or may designate certain existing transportation entities to serve as the authority.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 2. Creation of Local Transportation Authority [180050 - 180052] ( Chapter 2 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180050. A county board of supervisors may create an authority to operate within the county to carry out this division, or may designate a transportation planning agency designated pursuant to Section 29532 of the Government Code or created pursuant to the Fresno County Transportation Improvement Act pursuant to Division 15 (commencing with Section 142000), or a county transportation commission created pursuant to the County Transportation Act (Division 12 (commencing with Section 130000)) in existence in the county on January 1, 1988, to serve as an authority. (Amended by Stats. 2000, Ch. 408, Sec. 1. Effective January 1, 2001.)
  123. 180051.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 2. Creation of Local Transportation Authority [180050 - 180052] ( Chapter 2 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    This section sets rules for creating a local transportation authority, including who decides its membership and who may serve or act as an alternate member.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 2. Creation of Local Transportation Authority [180050 - 180052] ( Chapter 2 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180051. (a) A board of supervisors that chooses to create an entirely new entity as an authority pursuant to Section 180050 shall determine the membership of the authority with the concurrence of a majority of the cities having a majority of the population in the incorporated area of the county. (b) Each member of the authority, and each alternate designated pursuant to subdivision (c), shall be an elected official of a local governmental entity within or partly within the county. Members of the board of supervisors serving on an authority shall comprise less than a majority of the authority. (c) (1) Each member of the authority may have an alternate to vote or otherwise officially participate on behalf of the member at meetings of the authority when the member is not present. Either the member, or the alternate, but not both, may officially participate in a meeting of the authority. An alternate shall be designated as follows: (A) Except as specified in subparagraph (B), the local governmental entity that appointed the member shall designate the alternate. (B) A member who serves because the member holds a specified public office, as specified in the county transportation expenditure plan, shall designate his or her own alternate. (2) An alternate acting on behalf of a member has all of the rights, privileges, and responsibilities of a member. (Amended by Stats. 1999, Ch. 1007, Sec. 10. Effective January 1, 2000.)
  124. 180052.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 2. Creation of Local Transportation Authority [180050 - 180052] ( Chapter 2 added by Stats. 1987, Ch. 786, Sec. 1. )

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    Members of a newly created authority serve terms of no more than four years, unless subdivision (b) applies.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 2. Creation of Local Transportation Authority [180050 - 180052] ( Chapter 2 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180052. (a) Except as provided in subdivision (b), members of an authority which is an entirely new entity shall serve for a term of not more than four years. (b) At the first meeting of an authority which is an entirely new entity convened pursuant to Section 180112 the members shall be selected by lot to serve staggered terms. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  125. 1801.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. )

    Verify source ↗

    This section states that the article’s purpose is to compensate public utility customers for reasonable advocate’s fees, expert witness fees, and other reasonable costs when they participate in or intervene in commission proceedings.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. ) ## 1801. The purpose of this article is to provide compensation for reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs to public utility customers of participation or intervention in any proceeding of the commission. (Amended by Stats. 1992, Ch. 942, Sec. 1. Effective January 1, 1993.)
  126. 1801.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. )

    Verify source ↗

    This section states how the intervenor fee and expense article should be applied: broadly, efficiently, and in a way that supports participation in public utility proceedings.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. ) ## 1801.3. It is the intent of the Legislature that: (a) The provisions of this article shall apply to all formal proceedings of the commission involving electrical, gas, water, and telephone utilities. (b) The provisions of this article shall be administered in a manner that encourages the effective and efficient participation of all groups that have a stake in the public utility regulation process. (c) The process for finding eligibility for intervenor compensation be streamlined, by simplifying the preliminary showing by an intervenor of issues, budget, and costs. (d) Intervenors be compensated for making a substantial contribution to proceedings of the commission, as determined by the commission in its orders and decisions, regardless of whether a settlement agreement is reached. (e) Intervenor compensation be awarded to eligible intervenors in a timely manner, within a reasonable period after the intervenor has made the substantial contribution to a proceeding that is the basis for the compensation award. (f) This article shall be administered in a manner that avoids unproductive or unnecessary participation that duplicates the participation of similar interests otherwise adequately represented or participation that is not necessary for a fair determination of the proceeding. (Amended by Stats. 2016, Ch. 808, Sec. 8. (SB 512) Effective January 1, 2017.)
  127. 180100.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. )

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    The authority must elect a chairperson and vice chairperson at its first meeting and then annually; if both are unable to act, members present must choose a member to serve as chairperson pro tempore.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180100. The authority at its first meeting, and thereafter annually at the meeting designated by the authority, shall elect a chairperson who shall preside at all meetings, and a vice chairperson who shall preside in the absence of the chairperson. In the event of their absence or inability to act, the members present, by an order entered in the minutes, shall select one of their members to act as chairperson pro tempore, who, while so acting, shall have all the authority of the chairperson. (Amended by Stats. 1988, Ch. 878, Sec. 4.)
  128. 180101.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority must adopt rules for its proceedings, and those rules must be consistent with state law.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180101. The authority shall adopt rules for its proceedings consistent with the laws of the state. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  129. 180102.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    A majority of the authority’s members makes a quorum, and official acts need an affirmative vote from a majority of the members.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180102. A majority of the members of the authority constitutes a quorum for the transaction of business, and all official acts of the authority requires the affirmative vote of a majority of the members of the authority. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  130. 180103.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority must express its acts by motion, resolution, or ordinance.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180103. The acts of the authority shall be expressed by motion, resolution, or ordinance. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  131. 180104.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority must conduct all of its meetings under the rules in Chapter 9 of the Government Code.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180104. All meetings of the authority shall be conducted pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  132. 180105.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. )

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    The authority must adopt an annual budget, adopt an administrative code by ordinance, arrange at least annual postaudits by a certified public accountant, and do whatever is necessary to carry out this division. It may also appoint a policy advisory committee.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180105. The authority shall do all the following: (a) Adopt an annual budget. (b) Adopt an administrative code, by ordinance, which prescribes the powers and duties of the authority officers, the method of appointment of the authority employees, and methods, procedures, and systems of operation and management of the authority. (c) Cause a postaudit of the financial transactions and records of the authority to be made at least annually by a certified public accountant. (d) Do any and all things necessary to carry out the purposes of this division. The authority may appoint a policy advisory committee. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  133. 180106.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority may hire its own independent staff and may contract with government agencies or private entities to carry out this division.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180106. (a) The authority may hire an independent staff of its own or contract with any department or agency of the United States or with any public agency to implement this division. (b) The authority may contract with private entities in conformance with applicable procurement procedures for the procurement of engineering, project management, and contract management services. (Amended by Stats. 1989, Ch. 665, Sec. 1.)
  134. 180107.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority must set the compensation of its officers and employees.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180107. The authority shall fix the compensation of its officers and employees. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  135. 180108.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    Before the annual budget hearing, notice of the hearing time and place must be published, and the proposed annual budget must be open for public inspection.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180108. (a) Notice of the time and place of a public hearing on the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code not later than the 15th day prior to the day of the hearing. (b) The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  136. 180109.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority must use existing transportation planning data and expertise as much as possible, and it must not spend more than 1% of annual division-generated funds on staff salary and benefits.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180109. (a) The authority shall rely, to the extent possible, on existing state, regional, and local transportation planning and programming data and expertise, rather than on a large duplicative staff and set of plans. (b) The authority shall not expend more than 1 percent of the funds generated pursuant to this division in any year for salary and benefits of its staff. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  137. 180110.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority must consult and coordinate with county cities, the board of supervisors, and the Department of Transportation to secure funding for priority regional highway completion and improvement.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180110. The authority shall consult with, and coordinate its actions to secure funding for the completion and improvement of the priority regional highways, with the cities in the county, the board of supervisors, and the Department of Transportation, for the purpose of integrating its planned highway improvements with the highway and other transportation improvement plans and operations of other transportation agencies impacting the county. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  138. 180111.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority must prepare and adopt an annual report every year.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 3. Administration [180100 - 180111] ( Chapter 3 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180111. The authority shall prepare and adopt an annual report each year on progress made to achieve the objective of improving transportation conditions related to priority highway operations and local transportation needs. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  139. 180150.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 4. Powers and Functions [180150 - 180154] ( Chapter 4 added by Stats. 1987, Ch. 786, Sec. 1. )

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    The authority may sue and be sued in courts and tribunals of competent jurisdiction, unless another law provides otherwise.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 4. Powers and Functions [180150 - 180154] ( Chapter 4 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180150. The authority may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  140. 180151.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 4. Powers and Functions [180150 - 180154] ( Chapter 4 added by Stats. 1987, Ch. 786, Sec. 1. )

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    Claims for money or damages against the authority are governed by Government Code Division 3.6, starting with Section 810, unless that division or another expressly applicable law says otherwise.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 4. Powers and Functions [180150 - 180154] ( Chapter 4 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180151. All claims for money or damages against the authority are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, except as provided therein, or by other statutes or regulations expressly applicable thereto. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  141. 180152.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 4. Powers and Functions [180150 - 180154] ( Chapter 4 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority may make contracts and enter into stipulations, including for eminent domain matters, indemnity, hiring labor, and other necessary acts.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 4. Powers and Functions [180150 - 180154] ( Chapter 4 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180152. The authority may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, but not limited to, contracts and stipulations to indemnify and hold harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this division. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  142. 180153.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 4. Powers and Functions [180150 - 180154] ( Chapter 4 added by Stats. 1987, Ch. 786, Sec. 1. )

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    The authority may contract for engineering, project management, and contract management services, if it finds the terms in its best interest.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 4. Powers and Functions [180150 - 180154] ( Chapter 4 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180153. The authority may contract with any department or agency of the United States, with any public agency, including, but not limited to, the Department of Transportation, any county, city, or district, or with any person or a private entity upon any terms and conditions that the authority finds in its best interest for the procurement of engineering, project management, and contract management services. (Amended by Stats. 1989, Ch. 665, Sec. 2.)
  143. 180154.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 4. Powers and Functions [180150 - 180154] ( Chapter 4 added by Stats. 1987, Ch. 786, Sec. 1. )

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    The authority must award covered purchases over $10,000 to the lowest responsible bidder after competitive bidding, unless there is an emergency. If bids are rejected and the authority declares a lower open-market price is available, it may buy on the open market without following the usual contracting, bidding, or advertising rules.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 4. Powers and Functions [180150 - 180154] ( Chapter 4 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180154. (a) Contracts for the purchase of services, supplies, equipment, and materials in excess of ten thousand dollars ($10,000) shall be awarded to the lowest responsible bidder after competitive bidding, except in an emergency declared by the authority or by an executive committee to which the authority has delegated responsibility to make that declaration. (b) If, after rejecting bids received under subdivision (a), the authority determines and declares that, in its opinion, the services, supplies, equipment, or materials may be purchased at a lower price on the open market, the authority may proceed to purchase these services, supplies, equipment, or materials in the open market without further observance of the provisions regarding contracts, bids, or advertisements. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  144. 1802.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the intervenor fees article, including compensation, customer, proceeding, and small commercial customer, and gives the commission power to adjust the small commercial customer definition.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. ) ## 1802. As used in this article: (a) “Compensation” means payment for all or part, as determined by the commission, of reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any. (b) (1) “Customer” means any of the following: (A) A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission. (B) A representative who has been authorized by a customer. (C) A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation. (2) “Customer” does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commission’s opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding. (c) “Expert witness fees” means recorded or billed costs incurred by a customer for an expert witness. (d) “Eligible local government entity” means a city, county, or city and county that is not a publicly owned public utility that intervenes or participates in a commission proceeding for the purpose of protecting the health and safety of the residents within the entity’s jurisdiction following a catastrophic material loss suffered by its residents either in significant damage to infrastructure or loss of life and property, or both, as a direct result of public utility infrastructure. (e) “Other reasonable costs” means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution. (f) “Party” means any interested party, respondent public utility, or commission staff in a hearing or proceeding. (g) “Proceeding” means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission. (h) “Significant financial hardship” means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocate’s fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding. (i) “Small commercial customer” means any nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of “small commercial customer,” including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers. (j) “Substantial contribution” means that, in the judgment of the commission, the customer’s presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customer’s participation has resulted in a substantial contribution, even if the decision adopts that customer’s contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocate’s fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation. (Amended by Stats. 2016, Ch. 808, Sec. 9. (SB 512) Effective January 1, 2017.)
  145. 1802.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. )

    Verify source ↗

    A representative of certain small commercial customers is not eligible for compensation under this article if they have a conflict from prior representation before the commission.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. ) ## 1802.3. A representative of a group representing the interests of small commercial customers who receive bundled electric service from an electrical corporation shall not be eligible for an award of compensation pursuant to this article if the representative has a conflict arising from prior representation before the commission. This conflict may not be waived. (Added by Stats. 2003, Ch. 300, Sec. 3. Effective January 1, 2004.)
  146. 1802.4.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. )

    Verify source ↗

    An eligible local government entity may receive compensation under this article if its involvement was to protect health and safety within its jurisdiction and was germane to the material loss suffered by residents.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. ) ## 1802.4. An eligible local government entity is eligible for an award of compensation pursuant to this article for its involvement to the extent that the involvement was for the purpose of protecting health and safety within the entity’s jurisdiction and to the extent that the involvement was germane to the material loss suffered by its residents. (Added by Stats. 2016, Ch. 808, Sec. 10. (SB 512) Effective January 1, 2017.)
  147. 1802.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. )

    Verify source ↗

    A customer that materially contributes to another party’s presentation may be eligible for full compensation if it makes a substantial contribution to a commission order or decision.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. ) ## 1802.5. Participation by a customer that materially supplements, complements, or contributes to the presentation of another party, including the commission staff, may be fully eligible for compensation if the participation makes a substantial contribution to a commission order or decision, consistent with Section 1801.3. (Added by Stats. 1992, Ch. 942, Sec. 3.5. Effective January 1, 1993.)
  148. 180200.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    This section states that new funds should supplement existing local transportation revenue, local governments should keep contributing local transportation funds, and transportation authorities should prefer pay-as-you-go financing unless that is not feasible.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180200. The Legislature, by the enactment of this division, intends that the additional funds provided governmental agencies by this chapter shall supplement existing local revenues being used for public transportation purposes and that local governments maintain their existing commitment of local funds for transportation purposes. The Legislature further intends that transportation authorities utilize “pay-as-you-go” financing as the preferred method of funding transportation improvements and operations authorized by Section 180205, and that bond financing be utilized as an alternative method of funding, where the scope of the planned expenditures makes “pay-as-you-go” financing unfeasible. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  149. 180201.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    A county transportation authority may impose a retail transactions and use tax ordinance only if the ordinance and voter approvals required by this section are obtained.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180201. A retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory of a county may be imposed by the authority in accordance with this chapter and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, if the tax ordinance is adopted by a two-thirds vote of the authority and imposition of the tax is subsequently approved by a majority of the electors voting on the measure, or by any otherwise applicable voter approval requirement, at a special election called for that purpose by the board of supervisors, at the request of the authority, and a county transportation expenditure plan is adopted pursuant to Section 180206. A retail transactions and use tax approved by the electors shall remain in effect for the period of time specified in the tax ordinance. The tax may be continued in effect, or reimposed, by a tax ordinance adopted by a two-thirds vote of the authority and the reimposition of the tax is approved by any applicable majority of the electors. (Amended by Stats. 2003, Ch. 129, Sec. 1. Effective January 1, 2004.)
  150. 180202.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority must describe the tax in the ordinance, set the tax rate or maximum rate, state the tax period, and explain how the revenue will be used.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180202. The authority, in the ordinance, shall state the nature of the tax to be imposed, shall provide the tax rate or the maximum tax rate, shall specify the period during which the tax will be imposed, and shall specify the purposes for which the revenue derived from the tax will be used. The tax rate may be in 1/4 percent increments and shall not exceed a maximum tax rate of 1 percent. The proposition shall include an appropriations limit for that entity pursuant to Section 4 of Article XIII B of the California Constitution. (Amended by Stats. 1990, Ch. 318, Sec. 1.)
  151. 180203.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The county must hold the special election, and if the measure passes, the authority must reimburse the county’s election costs.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180203. (a) The county shall conduct the special election called by the board of supervisors pursuant to Section 180201. If the measure is approved, the authority shall reimburse the county for its cost in conducting the special election. (b) The special election shall be called and conducted in the same manner as provided by law for the conduct of special elections by a county. (c) (1) Except as otherwise provided in paragraph (2), the sample ballot to be mailed to the voters, pursuant to Section 13303 of the Elections Code, shall be the full proposition, as set forth in the ordinance calling the election, and the voter information guide shall include the entire adopted county transportation expenditure plan. (2) (A) A county elections official, upon the request of an authority that posts the entire adopted county transportation expenditure plan on an Internet Web site maintained by the authority, may comply with paragraph (1) by printing, in the sample ballot, immediately below the full proposition, and in the voter information guide, in no less than 10-point bold type, text substantially as follows: “The adopted county transportation expenditure plan may be viewed electronically at [insert applicable Internet Web site address]. If you desire a printed copy of the adopted county transportation expenditure plan, please call the county elections office at [insert applicable telephone number] and one will be mailed to you at no cost.” If the county elections official exercises the authority under this paragraph, the county elections official shall provide a printed copy of the entire adopted county transportation expenditure plan by mail to each person requesting a copy. (B) A county that posts the entire adopted county transportation expenditure plan on an Internet Web site pursuant to subparagraph (A) shall ensure that the plan is posted in a manner that is easily accessible to voters. (Amended by Stats. 2017, Ch. 640, Sec. 1. (AB 467) Effective January 1, 2018.)
  152. 180204.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    A transactions and use tax ordinance under this chapter becomes operative more than 110 days after adoption, and before that date the authority must contract with the State Board of Equalization to handle administrative and operational functions.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180204. (a) Any transactions and use tax ordinance adopted pursuant to this chapter shall be operative on the first day of the first calendar quarter commencing more than 110 days after adoption of the ordinance. (b) Prior to the operative date of the ordinance, the authority shall contract with the State Board of Equalization to perform all functions incidental to the administration and operation of the ordinance. (Amended by Stats. 2003, Ch. 129, Sec. 2. Effective January 1, 2004.)
  153. 180205.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority may allocate tax revenues to specified highway, street, road, highway, and public transit projects.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180205. The revenues from the taxes imposed pursuant to this chapter may be allocated by the authority for the construction and improvement of state highways, the construction, maintenance, improvement, and operation of local streets, roads, and highways, and the construction, improvement, and operation of public transit systems. For purposes of this section, “public transit systems” includes paratransit services. (Amended by Stats. 1988, Ch. 962, Sec. 5.)
  154. 180206.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    A county transportation expenditure plan must be prepared for expected tax revenue and related transportation funds, and it must be approved before adoption and before the election call.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180206. (a) A county transportation expenditure plan shall be prepared for the expenditure of the revenues expected to be derived from the tax imposed pursuant to this chapter, together with other federal, state, and local funds expected to be available for transportation improvements, for the period during which the tax is to be imposed. (b) A county transportation expenditure plan shall not be adopted until it has received the approval of the board of supervisors and of the city councils representing both a majority of the cities in the county and a majority of the population residing in the incorporated areas of the county. (c) The plan shall be adopted prior to the call of the election provided for in Section 180201. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  155. 180207.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority may annually review and propose amendments to the county transportation expenditure plan, must notify county supervisors and city councils of the proposed amendments, and the amendments take effect 45 days after notice.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 5. Transactions and Use Taxes [180200 - 180207] ( Chapter 5 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180207. (a) The authority may annually review and propose amendments to the county transportation expenditure plan adopted pursuant to Section 180206 to provide for the use of additional federal, state, and local funds, to account for unexpected revenues, or to take into consideration unforeseen circumstances. (b) The authority shall notify the board of supervisors and the city council of each city in the county and provide them with a copy of the proposed amendments. (c) The proposed amendments shall become effective 45 days after notice is given. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  156. 180250.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    Bonds may be sought under the ballot proposition, and total outstanding bonded indebtedness is capped by the bond principal and interest, not above estimated tax proceeds.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180250. (a) As part of the ballot proposition to approve the imposition of a retail transactions and use tax, authorization may be sought to issue bonds to finance capital outlay expenditures as may be provided for in the adopted county transportation expenditure plan, payable from the proceeds of the tax. (b) The maximum bonded indebtedness which may be outstanding at any one time shall be an amount equal to the sum of the principal of, and interest on, the bonds, but not to exceed the estimated proceeds of the tax, as determined by the plan. The amount of bonds outstanding at any one time does not include the amount of bonds, refunding bonds, or bond anticipation notes for which funds necessary for the payment thereof have been set aside for that purpose in a trust or escrow account. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  157. 180250.5.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    If specified voter approval and ordinance conditions are met, the authority may issue bonds, refunding bonds, or bond anticipation notes.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180250.5. Notwithstanding any other provision of law, if the imposition of a retail transactions and use tax, together with the establishment of an appropriations limit of seven hundred sixty-five million dollars ($765,000,000), was approved by the voters of a county pursuant to Section 180250 on November 8, 1988, and if the ordinance adopted by the authority which requested the board of supervisors to submit the proposition for approval of that tax and appropriations limit by the voters authorized the issuance of bonds payable from that tax, that authority may issue bonds, refunding bonds, or bond anticipation notes pursuant to this chapter. (Added by Stats. 1989, Ch. 1232, Sec. 2. Effective October 1, 1989.)
  158. 180251.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority may issue voter-authorized bonds backed by the tax, and the bonds are payable from tax proceeds.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180251. (a) The bonds authorized by the voters concurrently with the approval of the retail transactions and use tax may be issued at any time by the authority and shall be payable from the proceeds of the tax. The bonds shall be referred to as “limited tax bonds.” The bonds may be secured by a pledge of revenues from the proceeds of the tax. (b) The pledge of the tax to the limited tax bonds authorized under this chapter shall have priority over the use of any of the tax for “pay-as-you-go” financing, except to the extent that that priority is expressly restricted in the resolution authorizing the issuance of the bonds. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  159. 180252.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority may issue limited tax bonds only through a resolution approved by a two-thirds vote.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180252. Limited tax bonds shall be issued pursuant to a resolution adopted at any time by a two-thirds vote of the authority. Each resolution shall provide for the issuance of bonds in the amounts as may be necessary, until the full amount of bonds authorized have been issued. The full amount of bonds may be divided into two or more series and different dates of payment fixed for the bonds of each series. A bond need not mature on its anniversary date. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  160. 180253.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    A bond-issuance resolution must list specified bond details, and it may include other matters allowed by law.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180253. (a) A resolution authorizing the issuance of bonds shall state all of the following: (1) The purposes for which the proposed debt is to be incurred, which may include all costs and estimated costs incidental to, or connected with, the accomplishment of those purposes, including, without limitation, engineering, inspection, legal, fiscal agents, financial consultant and other fees, bond and other reserve funds, working capital, bond interest estimated to accrue during the construction period and for a period not to exceed three years thereafter, and expenses of all proceedings for the authorization, issuance, and sale of the bonds. (2) The estimated cost of accomplishing those purposes. (3) The amount of the principal of the indebtedness. (4) The maximum term the bonds proposed to be issued shall run before maturity, which shall not be beyond the date of termination of the imposition of the retail transactions and use tax. (5) The maximum rate of interest to be paid, which shall not exceed the maximum allowable by law. (6) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000). (7) The form of the bonds, including, without limitation, registered bonds and coupon bonds, to the extent permitted by federal law, and the form of any coupons to be attached thereto, the registration, conversion, and exchange privileges, if any, pertaining thereto, and the time when all of, or any part of, the principal becomes due and payable. (b) The resolution may also contain any other matters authorized by this chapter or any other law. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  161. 180254.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    Bonds issued under this section must bear interest at a rate or rates no higher than the maximum allowed by law, with payment intervals set by the commission.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180254. The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the commission. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  162. 180255.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority may include call and redemption terms for bonds in the bond resolution, but a bond cannot be called or redeemed before maturity unless it says so in a recital or printed statement.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180255. In the resolution authorizing the issuance of the bonds, the authority may also provide for the call and redemption of the bonds prior to maturity at the times and prices and upon other terms as specified. However, no bond is subject to call or redemption prior to maturity, unless it contains a recital to that effect or unless a statement to that effect is printed. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  163. 180256.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    Bond principal and interest must be paid in lawful U.S. money at the treasurer’s office, or at other designated places, or both if the bondholders choose.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180256. The principal of, and interest on, the bonds shall be payable in lawful money of the United States at the office of the treasurer of the authority, or at other places as may be designated, or at both the office and other places at the option of the holders of the bonds. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  164. 180257.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    Bond series must be dated, numbered, signed, and sealed as specified; bond coupons must be signed by the authority’s auditor-controller.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180257. The bonds, or each series of bonds, shall be dated and numbered consecutively and shall be signed by the chairperson, vice chairperson, or other authorized officer of the authority and the auditor-controller of the authority, and the official seal, if any, of the authority shall be attached. The interest coupons of the bonds shall be signed by the auditor-controller of the authority. All of the signatures and seal may be printed, lithographed, or mechanically reproduced. If any officer whose signature appears on the bonds or coupons ceases to be that officer before the delivery of the bonds, the officer’s signature is as effective as if the officer had remained in office. (Amended by Stats. 2019, Ch. 636, Sec. 3. (AB 1810) Effective January 1, 2020.)
  165. 180258.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority may sell the bonds, including below par, by negotiated or public sale, as determined by resolution.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180258. The bonds may be sold as the authority determines by resolution, and the bonds may be sold at a price below par, whether by negotiated or public sale. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  166. 180259.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    Bonds may be delivered anywhere inside or outside the state, and the purchase price may be paid in cash or bank credits.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180259. Delivery of any bonds may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  167. 180260.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    Bond sale interest and remaining proceeds must be placed into specified funds and used only for bond-related purposes; leftover money may later be transferred or used to buy outstanding bonds, which must then be canceled.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180260. All accrued interest received on the sale of the bonds shall be placed in the fund to be used for the payment of the principal of, and interest on, the bonds, and the remainder of the proceeds of the bonds shall be placed in the treasury of the authority and applied to secure the bonds or for the purposes for which the debt was incurred. However, when the purposes have been accomplished, any money remaining shall be either (a) transferred to the fund to be used for the payment of principal of, and interest on, the bonds or (b) placed in a fund to be used for the purchase of the outstanding bonds in the open market at prices and in the manner, either at public or private sale or otherwise, as determined by the authority. Bonds so purchased shall be canceled immediately. (Amended by Stats. 2016, Ch. 745, Sec. 1. (AB 1919) Effective January 1, 2017.)
  168. 180261.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority may issue, sell, or exchange refunding bonds to retire existing bonds, on terms and timing it तय determines.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180261. (a) The authority may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds issued by the authority upon the terms, at the times and in the manner which it determines. (b) Refunding bonds may be issued in a principal amount sufficient to pay all, or any part of, the principal of the outstanding bonds, the premiums, if any, due upon call and redemption thereof prior to maturity, all expenses of the refunding, and either of the following: (1) The interest upon the refunding bonds from the date of sale thereof to the date of payment of the bonds to be refunded out of the proceeds of the sale of the refunding bonds or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds. (2) The interest upon the bonds to be refunded from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holder of the bonds. (c) The provisions of this chapter for the issuance and sale of bonds apply to the issuance and sale of refunding bonds. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  169. 180262.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

    Verify source ↗

    The authority may borrow money and issue or renew bond anticipation notes before bonds are sold, but the notes are capped by amount and must mature within five years.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180262. (a) The authority may borrow money in anticipation of the sale of bonds which have been authorized pursuant to this chapter, but which have not been sold or delivered, and may issue negotiable bond anticipation notes therefor and may renew the bond anticipation notes from time to time. However, the maximum maturity of any bond anticipation notes, including the renewals thereof, shall not exceed five years from the date of delivery of the original bond anticipation notes. (b) The bond anticipation notes, and the interest thereon, may be paid from any money of the authority available therefor, including the revenues from the tax. If not previously otherwise paid, the bond anticipation notes, or any portion thereof, or the interest thereon, shall be paid from the proceeds of the next sale of the bonds of the agency in anticipation of which the notes were issued. (c) The bond anticipation notes shall not be issued in any amount in excess of the aggregate amount of the bonds which the authority has been authorized to issue, less the amount of any bonds of the authorized issue previously sold, and also less the amount of other bond anticipation notes therefor issued and then outstanding. The bond anticipation notes shall be issued and sold in the same manner as the bonds. (d) The bond anticipation notes and the resolutions authorizing them may contain any provisions, conditions, or limitations which a resolution of the authority may contain. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  170. 180263.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

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    Bonds issued under this chapter are treated as legal investments for specified funds and institutions, and may also be used as security in the same situations as certain other public bonds.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180263. Any bonds issued under this chapter are legal investment for all trust funds; for the funds of insurance companies, commercial and savings banks, and trust companies; and for state school funds; and whenever any money or funds may, by any law now or hereafter enacted, be invested in bonds of cities, counties, school districts, or other districts within the state, that money or funds may be invested in the bonds issued under this chapter, and whenever bonds of cities, counties, school districts, or other districts within the state may, by any law now or hereafter enacted, be used as security for the performance of any act or the deposit of any public money, the bonds issued under this chapter may be so used. The provisions of this chapter are in addition to all other laws relating to legal investments and shall be controlling as the latest expression of the Legislature with respect thereto. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  171. 180264.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. )

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    Challenges to the ordinance or bonds must be started within six months after the election approving the ordinance.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 6. Bonds [180250 - 180264] ( Chapter 6 added by Stats. 1987, Ch. 786, Sec. 1. ) ## 180264. Any action or proceedings wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this chapter or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within six months from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1987, Ch. 786, Sec. 1.)
  172. 1803.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. )

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    The commission must award reasonable advocate’s fees, expert witness fees, and other reasonable preparation and participation costs to a qualifying customer.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. ) ## 1803. The commission shall award reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a hearing or proceeding to any customer who complies with Section 1804 and satisfies both of the following requirements: (a) The customer’s presentation makes a substantial contribution to the adoption, in whole or in part, of the commission’s order or decision. (b) Participation or intervention without an award of fees or costs imposes a significant financial hardship. (Amended by Stats. 1992, Ch. 942, Sec. 4. Effective January 1, 1993.)
  173. 1803.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. )

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    The commission must adopt a policy allowing certain reasonable hearing-related fees and costs for eligible local government entities that meet listed conditions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. ) ## 1803.1. The commission shall adopt a policy to allow reasonable advocate’s fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a hearing or proceeding to an eligible local government entity that complies with Section 1804 and satisfies all of the following requirements: (a) The entity’s presentation makes a substantial contribution to the adoption, in whole or in part, of the commission’s order or decision. (b) Participation or intervention without an award of fees or costs imposes a significant financial hardship. (c) The subject of the hearing or proceeding is the result of a triggering event, as determined by the commission, that significantly impacted the residents of the local government entity. (Added by Stats. 2016, Ch. 808, Sec. 11. (SB 512) Effective January 1, 2017.)
  174. 180300.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 7. Sacramento Transportation Authority [180300 - 180305] ( Chapter 7 added by Stats. 2025, Ch. 724, Sec. 1. )

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    The Legislature states that the Sacramento Transportation Authority is intended to raise local revenue for transportation projects and to seek voter approval for a transportation improvement sales tax in part of the county.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 7. Sacramento Transportation Authority [180300 - 180305] ( Chapter 7 added by Stats. 2025, Ch. 724, Sec. 1. ) ## 180300. The Legislature finds and declares all of the following: (a) In the County of Sacramento, the authority seeks to address local transportation needs by raising additional local revenue to fund transportation projects and programs. (b) Constitutional voting thresholds applicable to local taxes have created challenges for the adoption of countywide sales tax measures. The adoption of this chapter is intended, in part, to allow the authority to seek voter approval of a transportation improvement sales tax in a portion of the county. (c) The County of Sacramento is unique in having a large, developed unincorporated population and seven cities with older commercial corridors that have potential for infill but which regularly experience construction-related disruptions and pavement deterioration. To reduce these localized impacts and limit the need for future transportation system expansion, the authority must be able to fund coordinated infrastructure improvements that support infill development as part of a single project. (Added by Stats. 2025, Ch. 724, Sec. 1. (AB 1223) Effective January 1, 2026.)
  175. 180301.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 7. Sacramento Transportation Authority [180300 - 180305] ( Chapter 7 added by Stats. 2025, Ch. 724, Sec. 1. )

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    This chapter says the division’s provisions apply to the authority unless the chapter expressly states otherwise, and the chapter is not meant to limit or conflict with the rest of the division.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 7. Sacramento Transportation Authority [180300 - 180305] ( Chapter 7 added by Stats. 2025, Ch. 724, Sec. 1. ) ## 180301. Unless expressly stated in this chapter, the provisions set forth in this division apply to the authority. This chapter is not intended to limit or otherwise conflict with the other provisions of this division. (Added by Stats. 2025, Ch. 724, Sec. 1. (AB 1223) Effective January 1, 2026.)
  176. 180302.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 7. Sacramento Transportation Authority [180300 - 180305] ( Chapter 7 added by Stats. 2025, Ch. 724, Sec. 1. )

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    This section defines key terms used in the chapter.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 7. Sacramento Transportation Authority [180300 - 180305] ( Chapter 7 added by Stats. 2025, Ch. 724, Sec. 1. ) ## 180302. For purposes of this chapter, unless the context requires otherwise, the following definitions apply: (a) “Active transportation” means infrastructure facilities or services that encourage increased use of active modes of transportation, such as biking and walking, and includes projects consistent with subdivision (f) of Section 2382 of the Streets and Highways Code. (b) “Authority” means the Sacramento Transportation Authority created in 1988 pursuant to Chapter 2 (commencing with Section 180050). (c) “CARTA” means the Capital Area Regional Tolling Authority. (d) “Expenditure plan” means a county transportation expenditure plan adopted in connection with a transactions and use tax ordinance pursuant to Section 180206. (e) “Governing board” means the governing board of the authority. (f) “Member” or “member of the governing board” means an individual county supervisor or city council member who has been appointed to the governing board, or their alternate. (g) “Ordinance” means a transactions and use tax ordinance authorized pursuant to Chapter 5 (commencing with Section 180200). (Added by Stats. 2025, Ch. 724, Sec. 1. (AB 1223) Effective January 1, 2026.)
  177. 180303.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 7. Sacramento Transportation Authority [180300 - 180305] ( Chapter 7 added by Stats. 2025, Ch. 724, Sec. 1. )

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    The authority may issue bonds for certain Sacramento toll facilities, but toll-revenue bonds for a CARTA-operated facility require an agreement with CARTA and CARTA board approval of an expenditure plan.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 7. Sacramento Transportation Authority [180300 - 180305] ( Chapter 7 added by Stats. 2025, Ch. 724, Sec. 1. ) ## 180303. (a) The authority may issue bonds to finance costs of high-occupancy toll lanes or other toll facilities within the County of Sacramento approved by the California Transportation Commission pursuant to Section 149.7 of the Streets and Highways Code, including, without limitation, working capital costs, costs of issuance and credit enhancement, capitalized interest, and all reserves and other fees or costs related to the bonds. Those bonds may be payable from toll revenue or any other funds lawfully available to the authority for such purposes, including sales tax revenue, development impact fees, or state and federal grant funds. (b) Before the authority issues bonds payable from toll revenue for a toll facility operated by CARTA, both of the following shall occur: (1) The authority shall enter into an agreement with CARTA regarding the application of toll revenue to pay for bonds issued by the authority. (2) The governing board of CARTA shall review and approve a toll facility expenditure plan. (c) Bonds issued pursuant to this section may be sold pursuant to the terms and conditions set forth in a resolution adopted by the governing board. Bonds shall be issued pursuant to a resolution adopted by a two-thirds vote of the governing board, which resolution shall state the maximum principal amount of the bonds, the maximum term of the bonds, and the maximum rate of interest to be paid on the bonds, not to exceed the maximum rate permitted by law. Any bond issued pursuant to this section shall not constitute a debt or liability of the state and shall contain on its face a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal or interest of this bond.” (d) The maximum rate of interest payable upon the bonds issued pursuant to this section shall not exceed the maximum rate specified in Section 53531 of the Government Code. The rate may be either fixed or variable and shall be payable at the times and in the manner specified in the resolution. (Added by Stats. 2025, Ch. 724, Sec. 1. (AB 1223) Effective January 1, 2026.)
  178. 180304.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 7. Sacramento Transportation Authority [180300 - 180305] ( Chapter 7 added by Stats. 2025, Ch. 724, Sec. 1. )

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    The authority may add certain infrastructure projects to allowable expenditures, but only under specified conditions, and expenditure plans may not allocate more than 5% of tax revenues for certain facilities.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 7. Sacramento Transportation Authority [180300 - 180305] ( Chapter 7 added by Stats. 2025, Ch. 724, Sec. 1. ) ## 180304. (a) The allowable expenditure categories set forth in Section 180205 shall also include the construction, modernization, and improvement of infrastructure that supports infill or transit-oriented development, in areas nominated by local governments, and included in regionally adopted plans that advance state greenhouse gas emissions reduction objectives. (b) (1) The authority may only allocate revenues for a facility described in paragraph (2) of subdivision (c) if that facility is combined with a project that includes a facility described in paragraph (1) of subdivision (c). (2) An expenditure plan shall not allocate more than 5 percent of the total revenues derived from the tax for facilities described in paragraph (2) of subdivision (c). (c) For purposes of this section, “infrastructure” means any of the following: (1) Transportation facilities, as allowable under Section 180205. (2) Water, stormwater, wastewater, or other utility-related facilities. (d) This section does not apply to a retail transactions and use tax approved by the electors before January 1, 2026. (Added by Stats. 2025, Ch. 724, Sec. 1. (AB 1223) Effective January 1, 2026.)
  179. 180305.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 7. Sacramento Transportation Authority [180300 - 180305] ( Chapter 7 added by Stats. 2025, Ch. 724, Sec. 1. )

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    The authority may impose a local ordinance and expenditure plan in part of Sacramento County, but the process must meet voting, approval, area-selection, and spending rules.

    ## Public Utilities Code - PUC ## DIVISION 19. LOCAL TRANSPORTATION AUTHORITIES [180000 - 180305] ( Division 19 added by Stats. 1987, Ch. 786, Sec. 1. ) ## CHAPTER 7. Sacramento Transportation Authority [180300 - 180305] ( Chapter 7 added by Stats. 2025, Ch. 724, Sec. 1. ) ## 180305. (a) (1) An ordinance and corresponding expenditure plan may be imposed by the authority in a geographic area that comprises less than the total area of the County of Sacramento, including its incorporated cities, subject to the guidelines set forth in subdivision (c). (2) An ordinance and expenditure plan described in paragraph (1) shall be adopted by at least a two-thirds vote of the total membership of the governing board. (3) An ordinance described in paragraph (1) shall be subject to voter approval by the electors in the area to which the tax applies. (b) Notwithstanding Section 180102, if an ordinance and expenditure plan for a portion of the County of Sacramento are approved pursuant to the process set forth in Chapter 5 (commencing with Section 180200), all subsequent governing board decisions and actions related to implementation of that ordinance and expenditure plan, including an action to amend the expenditure plan pursuant to Section 180207, shall be made by a majority of both of the following: (1) Those members representing the city or cities subject to the ordinance, if any. (2) All members appointed from the board of supervisors. (c) The governing board shall determine the area to which the tax would apply before the electors vote on the measure. If the tax only applies to a portion of the county, all of the following shall apply: (1) The incorporated area of a city within the county shall be either wholly included or wholly excluded from the area to be taxed. (2) The unincorporated area of the county shall either be wholly included or wholly excluded from the area to be taxed. (3) The area to be taxed shall include at least the incorporated area from two cities or the incorporated area from one city and the unincorporated area from the county. (d) All revenues derived from the tax shall be expended for the primary benefit of the portion of the county in which the tax is imposed. Expenditures made within that portion of the county are deemed to confer a primary benefit. The authority shall, as part of the expenditure plan, adopt objective eligibility guidelines that define primary benefit. The expenditure plan, including those guidelines, shall be made readily accessible to voters in the manner required by Section 180203. Any revenues derived from the tax shall supplement, and not supplant, other transportation revenues available to the portion of the county to which the tax applies. (e) Notwithstanding subdivision (b) of Section 180206, an expenditure plan applicable to a portion of the county shall not be adopted until it has received the approval of the board of supervisors and of the city councils representing both a majority of the cities included within the area subject to the tax and a majority of the population residing in the incorporated areas subject to the tax. (f) Unless otherwise stated in this chapter, the other provisions of this division that apply to an ordinance and expenditure plan shall also apply to an ordinance and expenditure plan applicable to a portion of the county, including the authority to issue bonds pursuant to Chapter 6 (commencing with Section 180250). (g) The term “district,” as defined and used in Sections 7252, 7261, and 7262 of the Revenue and Taxation Code, shall not be interpreted to preclude the authority from imposing a transactions and use tax in accordance with the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code) in an area that comprises less than the total geographic jurisdiction of the authority, so long as all other applicable requirements of that law are complied with. (Added by Stats. 2025, Ch. 724, Sec. 1. (AB 1223) Effective January 1, 2026.)
  180. 1804.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. )

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    This section sets the process and deadlines for customers or eligible local government entities seeking intervenor compensation, including notices, hardship showings, requests, audits, and the commission’s decision.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. ) ## 1804. (a) (1) A customer who, or eligible local government entity that, intends to seek an award under this article shall, within 30 days after the prehearing conference is held, file and serve on all parties to the proceeding a notice of intent to claim compensation. In cases where no prehearing conference is scheduled or where the commission anticipates that the proceeding will take less than 30 days, the commission may determine the procedure to be used in filing these requests. In cases where the schedule would not reasonably allow parties to identify issues within the timeframe set forth above, or where new issues emerge subsequent to the time set for filing, the commission may determine an appropriate procedure for accepting new or revised notices of intent. (2) (A) The notice of intent to claim compensation shall include both of the following: (i) A statement of the nature and extent of the customer’s or eligible local government entity’s planned participation in the proceeding as far as it is possible to set it out when the notice of intent is filed. (ii) An itemized estimate of the compensation that the customer or eligible local government entity expects to request, given the likely duration of the proceeding as it appears at the time. (B) The notice of intent may also include a showing by the customer or eligible local government entity that participation in the hearing or proceeding would pose a significant financial hardship. Alternatively, such a showing shall be included in the request submitted pursuant to subdivision (c). (C) Within 15 days after service of the notice of intent to claim compensation, the administrative law judge may direct the staff, and may permit any other interested party, to file a statement responding to the notice. (b) (1) If the customer’s or eligible local government entity’s showing of significant financial hardship was included in the notice filed pursuant to subdivision (a), the administrative law judge, in consultation with the assigned commissioner, shall issue within 30 days thereafter a preliminary ruling addressing whether the customer or eligible local government entity will be eligible for an award of compensation. The ruling shall address whether a showing of significant financial hardship has been made. A finding of significant financial hardship shall create a rebuttable presumption of eligibility for compensation in other commission proceedings commencing within one year of the date of that finding. (2) The administrative law judge may, in any event, issue a ruling addressing issues raised by the notice of intent to claim compensation. The ruling may point out similar positions, areas of potential duplication in showings, unrealistic expectation for compensation, and any other matter that may affect the customer’s or eligible local government entity’s ultimate claim for compensation. Failure of the ruling to point out similar positions or potential duplication or any other potential impact on the ultimate claim for compensation shall not imply approval of any claim for compensation. A finding of significant financial hardship in no way ensures compensation. Similarly, the failure of the customer or eligible local government entity to identify a specific issue in the notice of intent or to precisely estimate potential compensation shall not preclude an award of reasonable compensation if a substantial contribution is made. (c) Following issuance of a final order or decision by the commission in the hearing or proceeding, a customer who, or eligible local government entity that, has been found, pursuant to subdivision (b), to be eligible for an award of compensation may file within 60 days a request for an award. The request shall include at a minimum a detailed description of services and expenditures and a description of the customer’s or eligible local government entity’s substantial contribution to the hearing or proceeding. Within 30 days after service of the request, the commission staff may file, and any other party may file, a response to the request. (d) The commission may audit the records and books of the customer or eligible local government entity to the extent necessary to verify the basis for the award. The commission shall preserve the confidentiality of the customer’s or eligible local government entity’s records in making its audit. Within 20 days after completion of the audit, if any, the commission shall direct that an audit report shall be prepared and filed. Any other party may file a response to the audit report within 20 days thereafter. (e) Within 75 days after the filing of a request for compensation pursuant to subdivision (c), or within 50 days after the filing of an audit report, whichever occurs later, the commission shall issue a decision that determines whether or not the customer or eligible local government entity has made a substantial contribution to the final order or decision in the hearing or proceeding. If the commission finds that the customer or eligible local government entity requesting compensation has made a substantial contribution, the commission shall describe this substantial contribution and shall determine the amount of compensation to be paid pursuant to Section 1806. (Amended by Stats. 2016, Ch. 808, Sec. 12. (SB 512) Effective January 1, 2017.)
  181. 18050.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 11. Zones in Districts in Lake Tahoe Basin [18050 - 18055] ( Chapter 11 added by Stats. 1966, 1st Ex. Sess., Ch. 113. )

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    A qualifying public utility district in the Lake Tahoe Basin may create zones and issue zone bonds to finance certain sewer infrastructure costs, if it has provided or is providing sewer systems and treatment facilities that move sewage effluent outside the basin.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 11. Zones in Districts in Lake Tahoe Basin [18050 - 18055] ( Chapter 11 added by Stats. 1966, 1st Ex. Sess., Ch. 113. ) ## 18050. Notwithstanding any other provision of law, any public utility district in the Lake Tahoe Basin which has provided or undertaken to provide a sewer system and treatment facilities which transport or are intended to transport any resultant sewage effluent outside the Lake Tahoe Basin, may form zones and issue zone bonds for the purpose of financing the costs of interceptor trunk sewers, force mains, pumping stations and appurtenant structures in the zone which, in the opinion of its board of directors, are necessary or useful in connecting local sewerage collection systems to the major sewerage works and system of the district, or which are necessary or useful in causing local areas to install sewerage collection systems, as provided in this chapter. (Added by Stats. 1966, 1st Ex. Sess., Ch. 113.)
  182. 18051.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 11. Zones in Districts in Lake Tahoe Basin [18050 - 18055] ( Chapter 11 added by Stats. 1966, 1st Ex. Sess., Ch. 113. )

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    This section sets how zones in Lake Tahoe Basin districts are formed, how zone bonds are proposed and voted on, and when the district board may issue them.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 11. Zones in Districts in Lake Tahoe Basin [18050 - 18055] ( Chapter 11 added by Stats. 1966, 1st Ex. Sess., Ch. 113. ) ## 18051. (a) The zones authorized by this chapter shall be formed in the same manner as assessment districts are formed pursuant to the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000), Streets and Highways Code). (b) The resolution of intention to form a zone shall briefly describe the proposed improvement, specify the exterior boundaries of the zone, and specify the maximum amount of zone bonds to be issued to finance the proposed improvement. (c) Upon the conclusion of the hearing on the resolution of intention and the adoption of the resolution declaring the zone formed, the board of directors of the district may proceed with the issuance of zone bonds, not exceeding the amount specified in the resolution of intention, and with the construction of the proposed improvement. The board may exercise any and all powers of the district in the zone necessary to construct the proposed improvement. The board shall formulate the proposition to issue zone bonds and shall conduct an election in the zone affected in the same manner as for bonds of the district pursuant to Article 1 (commencing with Section 16801), Chapter 5 of this division. An affirmative vote of two-thirds of the electors voting in the zone is necessary to issue zone bonds. (Added by Stats. 1966, 1st Ex. Sess., Ch. 113.)
  183. 18052.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 11. Zones in Districts in Lake Tahoe Basin [18050 - 18055] ( Chapter 11 added by Stats. 1966, 1st Ex. Sess., Ch. 113. )

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    Bonds of a zone must be issued for the cost of zone improvements and paid in 25 or fewer serial annual amounts, despite Section 16573.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 11. Zones in Districts in Lake Tahoe Basin [18050 - 18055] ( Chapter 11 added by Stats. 1966, 1st Ex. Sess., Ch. 113. ) ## 18052. Bonds of a zone formed pursuant to this chapter shall be issued in the amount of the costs of the improvements of the zone, notwithstanding Section 16573, payable in 25 or less serial annual amounts, and shall be in the same form, payable in the same manner, and be of the same effect as bonds of the district issued pursuant to Chapter 6 (commencing with Section 17001) of this division. (Added by Stats. 1966, 1st Ex. Sess., Ch. 113.)
  184. 18054.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 11. Zones in Districts in Lake Tahoe Basin [18050 - 18055] ( Chapter 11 added by Stats. 1966, 1st Ex. Sess., Ch. 113. )

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    The board must each year set an ad valorem tax rate on taxable real property in the zone so enough money is available to pay the zone bonds’ principal and interest.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 11. Zones in Districts in Lake Tahoe Basin [18050 - 18055] ( Chapter 11 added by Stats. 1966, 1st Ex. Sess., Ch. 113. ) ## 18054. The board shall annually, at the time of levying taxes for general district purposes, fix a rate of ad valorem tax upon the taxable real property in the zone created therefor, sufficient to pay the zone bond principal and interest as they become due before the proceeds of another such levy shall be available therefor, and such tax shall be levied, collected and money collected therefrom shall be expended to pay zone bonds principal and interest, in the same manner and with the same effect as taxes levied to pay bonds of the district pursuant to Article 8 (commencing with Section 16641), Chapter 4 of this division. (Added by Stats. 1966, 1st Ex. Sess., Ch. 113.)
  185. 18055.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 11. Zones in Districts in Lake Tahoe Basin [18050 - 18055] ( Chapter 11 added by Stats. 1966, 1st Ex. Sess., Ch. 113. )

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    This section says special conditions in public utility districts in the Lake Tahoe Basin justify this chapter, which applies only to those districts.

    ## Public Utilities Code - PUC ## DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501 - 18055] ( Division 7 added by Stats. 1953, Ch. 72. ) ## CHAPTER 11. Zones in Districts in Lake Tahoe Basin [18050 - 18055] ( Chapter 11 added by Stats. 1966, 1st Ex. Sess., Ch. 113. ) ## 18055. The Legislature hereby finds and declares that special facts exist with respect to public utility districts in the Lake Tahoe Basin which require the enactment of this chapter, applicable only to such districts. The special facts are as follows: (a) There is an urgent need for immediate action in providing an adequate system of sewer treatment and export facilities in order to prevent the pollution of the waters of Lake Tahoe. (b) There are areas in these districts which are and will continue to be required to install sewerage collection systems which cannot now be connected to the major sewerage works and system of the districts. (c) All areas of these districts are being required to connect to and use the works and system of the districts where they are available to them, but there is no economical means of providing the necessary intervening facilities which will be inviting to the owners of said areas to provide said facilities. (d) The procedure provided in this chapter will stimulate and engender said purpose and thus help to bring about an early solution to the Lake Tahoe water pollution problem. (Added by Stats. 1966, 1st Ex. Sess., Ch. 113.)
  186. 1806.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. )

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    Compensation awarded under Section 1804 must be based on comparable market rates, and it cannot exceed the comparable market rate for similar services.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. ) ## 1806. The computation of compensation awarded pursuant to Section 1804 shall take into consideration the market rates paid to persons of comparable training and experience who offer similar services. The compensation awarded may not, in any case, exceed the comparable market rate for services paid by the commission or the public utility, whichever is greater, to persons of comparable training and experience who are offering similar services. (Amended by Stats. 1992, Ch. 942, Sec. 7. Effective January 1, 1993.)
  187. 1807.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. )

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    A public utility subject to a hearing, investigation, or proceeding must pay an award under this article within 30 days. In a limited bankruptcy-related circumstance, the commission may cover part of a reduced intervenor compensation award by increasing Section 401 fees.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. ) ## 1807. (a) An award made under this article shall be paid by the public utility that is the subject of the hearing, investigation, or proceeding, as determined by the commission, within 30 days. Notwithstanding any other law, an award paid by a public utility pursuant to this article shall be allowed by the commission as an expense for the purpose of establishing rates of the public utility by way of a dollar-for-dollar adjustment to rates imposed by the commission immediately on the determination of the amount of the award, so that the amount of the award shall be fully recovered within one year from the date of the award. (b) Due to the bankruptcy of Sacramento Natural Gas Storage, the commission’s intervenor compensation award to the Avondale Glen Elder Neighborhood Association in A.07-04-013 has been reduced to a fraction of the amount awarded. In this limited circumstance, the commission may pay to the Avondale Glen Elder Neighborhood Association the difference between the amount received from the bankruptcy court and the amount awarded by the commission by increasing the fees collected in Section 401 for the limited purpose of D.13-11-018. (Amended by Stats. 2014, Ch. 35, Sec. 156.5. (SB 861) Effective June 20, 2014.)
  188. 1808.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. )

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    The commission must deny any award to a customer or eligible local government entity that tries to delay or obstruct the commission’s work.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Hearings and Judicial Review [1701 - 1826] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Intervenor’s Fees and Expenses [1801 - 1812] ( Article 5 added by Stats. 1984, Ch. 297, Sec. 2. ) ## 1808. The commission shall deny any award to any customer or eligible local government entity that attempts to delay or obstruct the orderly and timely fulfillment of the commission’s responsibilities. (Amended by Stats. 2016, Ch. 808, Sec. 13. (SB 512) Effective January 1, 2017.)
  189. 181000.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. )

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    This section creates the Sonoma County Regional Climate Protection Authority and says that, for this division, “authority” means that entity.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. ) ## 181000. The Sonoma County Regional Climate Protection Authority is hereby created. For the purposes of this division, “authority” means the Sonoma County Regional Climate Protection Authority. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  190. 181001.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. )

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    The authority is a public instrumentality and is governed by the same board as the Sonoma County Transportation Authority, but it is a separate entity from that authority.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. ) ## 181001. The authority is a public instrumentality governed by the same board as that governing the Sonoma County Transportation Authority. The authority is, however, a separate entity from the Sonoma County Transportation Authority. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  191. 181003.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. )

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    The authority may work with participating local agencies in Sonoma County to coordinate and carry out activities and programs related to greenhouse gas reduction and climate-change mandates.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. ) ## 181003. The authority, in cooperation with local agencies that elect to participate, may perform coordination and implementation activities, within the boundaries of Sonoma County, to assist those agencies in meeting their greenhouse gas emission reduction goals as set forth in resolutions and adopted plans and develop, coordinate, and implement programs and policies to comply with Chapter 488 of the Statutes of 2006 and other federal or state mandates and programs designed to respond to greenhouse gas emissions and climate change. “Local agency,” as used in this division, shall mean a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, or other local public agency. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  192. 181004.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. )

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    Activities authorized under Section 181003 include several climate and resource-related activities.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. ) ## 181004. Activities authorized under Section 181003 shall include, but not be limited to, the following: (a) Reduction of energy consumption. (b) Coordination and implemention of energy efficiency projects. (c) Increasing efficiency of water use. (d) Utilizing carbon sequestration opportunities. (e) Administration of grants to local entities. (f) Alternative transportation options. (g) Measuring and quantifying ongoing greenhouse gas reductions. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  193. 181005.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. )

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    The authority must adopt rules for its proceedings, and those rules must be consistent with state law.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. ) ## 181005. The authority shall adopt rules for its proceedings consistent with the laws of the state. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  194. 181006.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. )

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    A majority of the authority’s members makes a quorum, and official acts need an affirmative majority vote.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. ) ## 181006. A majority of the members of the authority constitutes a quorum for the transaction of business, and all official acts of the authority require the affirmative vote of a majority of the members of the authority. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  195. 181007.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. )

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    The authority must express its acts by motion, resolution, or ordinance.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. ) ## 181007. The acts of the authority shall be expressed by motion, resolution, or ordinance. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  196. 181008.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. )

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    The authority must conduct all of its meetings under the Government Code chapter referenced in the section.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. ) ## 181008. All meetings of the authority shall be conducted pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  197. 181009.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. )

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    The authority must adopt an annual budget, adopt an administrative code, ensure at least annual postaudits by a certified public accountant, and do whatever is necessary to carry out the division’s purposes.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. ) ## 181009. The authority shall do all of the following: (a) Adopt an annual budget. (b) Adopt an administrative code, by ordinance, which prescribes the powers and duties of the authority officers, the method of appointment of the authority employees, and methods, procedures, and systems of operation and management of the authority. (c) Cause a postaudit of the financial transactions and records of the authority to be made at least annually by a certified public accountant. (d) Do any and all things necessary to carry out the purposes of this division. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  198. 181010.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. )

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    Members of the authority are entitled to compensation set by the authority and reimbursement for necessary, reasonable expenses tied to authority duties.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. ) ## 181010. The members of the authority shall be compensated as determined by the authority and shall be reimbursed for necessary and reasonable expenses incurred in connection with performing authority duties. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  199. 181011.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. )

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    Notice of the budget hearing must be published at least 15 days before the hearing, and the proposed annual budget must be available for public inspection at least 15 days before the hearing.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. ) ## 181011. (a) Notice of the time and place of a public hearing on the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code not later than 15 days prior to the hearing. (b) The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  200. 181012.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. )

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    The authority may sue and be sued in competent courts and tribunals, except as provided by law.

    ## Public Utilities Code - PUC ## DIVISION 19.1. SONOMA COUNTY REGIONAL CLIMATE PROTECTION AUTHORITY [181000 - 181015] ( Division 19.1 added by Stats. 2009, Ch. 375, Sec. 1. ) ## 181012. The authority may sue and be sued, except as provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)

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