Public Utilities Code — Part 15 | PUC — United States — California law | Esheria

Public Utilities Code

Part 15 of 38 · provisions 2,801–3,000

This act is named the Public Utilities Code.

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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. 181013.

    ## 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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    Claims for money or damages against the authority are governed by Government Code Division 3.6, unless another statute or regulation expressly applies or that division provides otherwise.

    ## 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. ) ## 181013. 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 statute or regulation expressly applicable thereto. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  2. 181014.

    ## 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 apply for and receive funding, but its funds must be kept in a separate account and tracked independently.

    ## 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. ) ## 181014. The authority may apply for funds available to carry out its functions and may receive grants of funds to carry out its functions. All funds available to the authority shall be held in a separate account and accounted for independently. No transportation funds may be used for purposes of this division other than those activities of the authority related to transportation. No funding from the Traffic Relief Act for Sonoma County (Measure M), approved by voters in 2004 shall be used for the purpose of this division. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  3. 181015.

    ## 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 division does not supersede or interfere with activities, plans, or actions of other local agencies.

    ## 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. ) ## 181015. Nothing in this division shall supersede or interfere with activities, plans, or actions of other local agencies. (Added by Stats. 2009, Ch. 375, Sec. 1. (AB 881) Effective January 1, 2010.)
  4. 1812.

    ## 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 qualifying group or association of small agricultural customers cannot be denied eligibility for compensation just because it also includes large agricultural customers.

    ## 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. ) ## 1812. A group or association that represents the interests of small agricultural customers in a proceeding and that would otherwise be eligible for an award of compensation pursuant to Section 1804 without the presence of large agricultural customers, as determined by the commission, shall not be deemed ineligible solely because that group or organization also has members who are large agricultural customers. (Added by Stats. 1992, Ch. 942, Sec. 8. Effective January 1, 1993.)
  5. 1821.

    ## 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 6. Computer Models [1821 - 1822] ( Article 6 added by Stats. 1985, Ch. 1297, Sec. 3. )

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    This section defines terms used in the article about computer models for public utilities.

    ## 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 6. Computer Models [1821 - 1822] ( Article 6 added by Stats. 1985, Ch. 1297, Sec. 3. ) ## 1821. As used in this article, the following definitions apply: (a) “Computer model” means a computer program. (b) “Operations model” means a computer model that replicates, lists, describes, or forecasts a public utility’s internal functions, including, but not limited to, its accounting procedures, cash management procedures, personnel assignments and procedures, and inventory control. (c) “Planning model” means a computer model that replicates, lists, describes, or forecasts a public utility’s complex functions, including, but not limited to, the forecasting of future loads and resources, calculating costs of electricity generation, producing financial statements, and calculating costs of natural gas production or supply. (d) “Public utility” includes every public utility and every business which is a commission regulated subsidiary or commission regulated affiliate of a public utility. “Public utility” does not include a common carrier or a telephone corporation whose service is determined to be competitive by the commission. (e) “Verify” means to assess the extent to which the computer model mimics reality. (Added by Stats. 1985, Ch. 1297, Sec. 3.)
  6. 1822.

    ## 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 6. Computer Models [1821 - 1822] ( Article 6 added by Stats. 1985, Ch. 1297, Sec. 3. )

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    Computer models and databases used in commission hearings must be available for verification and cross-examination, with listed assumptions and equations for model-based testimony.

    ## 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 6. Computer Models [1821 - 1822] ( Article 6 added by Stats. 1985, Ch. 1297, Sec. 3. ) ## 1822. (a) Any computer model that is the basis for any testimony or exhibit in a hearing or proceeding before the commission shall be available to, and subject to verification by, the commission and parties to the hearing or proceedings to the extent necessary for cross-examination or rebuttal, subject to applicable rules of evidence, except that verification is not required for any electricity demand model or forecast prepared by the Energy Commission pursuant to Section 25309 or 25402.1 of the Public Resources Code and approved and adopted after a hearing during which testimony was offered subject to cross-examination. The commission shall afford each of these electricity demand models or forecasts the evidentiary weight it determines appropriate. Nothing in this subdivision requires the Energy Commission to approve or adopt any electricity demand model or forecast. (b) Any testimony presented in a hearing or proceeding before the commission that is based in whole, or in part, on a computer model shall include a listing of all the equations and assumptions built into the model. (c) Any database that is used for any testimony or exhibit in a hearing or proceeding before the commission shall be reasonably accessible to the commission staff and parties to the hearing or proceeding to the extent necessary for cross-examination or rebuttal, subject to applicable rules of evidence, as applied in commission proceedings. (d) The commission shall adopt rules and procedures to meet the requirements specified in subdivisions (a), (b), and (c). These rules shall include procedural safeguards that protect databases and models not owned by the public utility. (e) The commission shall establish appropriate procedures for determining the appropriate level of compensation for a party’s access. (f) Each party shall have access to the computer programs and models of each other party to the extent provided by Section 1822. The commission shall not require a utility to provide a remote terminal or other direct physical link to the computer systems of a utility to a third party. (g) The commission shall verify, validate, and review the computer models of any electrical corporation that are used for the purpose of planning, operating, constructing, or maintaining the corporation’s electrical transmission system, and that are the basis for testimony and exhibits in hearings and proceedings before the commission. (h) The transmission computer models shall be available to, and subject to verification by, each party to a commission proceeding in accordance with subdivision (a) of Section 1822, and regulations adopted pursuant to subdivision (d) of Section 1822. (Amended by Stats. 2019, Ch. 396, Sec. 34. (AB 1513) Effective January 1, 2020.)
  7. 1825.

    ## 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 7. Receiverships [1825 - 1826] ( Article 7 added by Stats. 2020, Ch. 27, Sec. 9. )

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    If the commission decides a receiver is warranted, it may ask the superior court to appoint one to take possession of PG&E property and operate the system.

    ## 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 7. Receiverships [1825 - 1826] ( Article 7 added by Stats. 2020, Ch. 27, Sec. 9. ) ## 1825. (a) If the commission determines in a proceeding that the appointment of a receiver is warranted pursuant to the processes or procedures adopted by the commission in its Decision 20-05-053, the commission may petition the superior court for the county within which PG&E Corporation has its principal office or place of business for the appointment of a receiver, as provided in paragraph (8) of subdivision (b) of Section 564 of the Code of Civil Procedure, to assume possession of Pacific Gas and Electric Company’s property and to operate its system. (b) For purposes of this section, both of the following definitions apply: (1) “Decision 20-05-053” means Decision 20-05-053 (May 28, 2019) Decision Approving Reorganization Plan in Investigation 19-09-016 (September 26, 2019) Order Instituting Investigation on the Commission’s Own Motion to Consider the Ratemaking and Other Implications of a Proposed Plan for Resolution of Voluntary Case filed by Pacific Gas and Electric Company Pursuant to Chapter 11 of the Bankruptcy Code, in the United States Bankruptcy Court, Northern District of California, San Francisco Division, In re Pacific Gas and Electric Corporation and Pacific Gas and Electric Company, Case No. 19-30088. (2) “Pacific Gas and Electric Company” means Pacific Gas and Electric Company, PG&E Corporation, any subsidiary or affiliate of the foregoing holding any assets related to the provision of electrical or gas service within Pacific Gas and Electric Company’s service territory, and any successor to any of the foregoing. (Amended by Stats. 2021, Ch. 124, Sec. 36. (AB 938) Effective January 1, 2022.)
  8. 1826.

    ## 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 7. Receiverships [1825 - 1826] ( Article 7 added by Stats. 2020, Ch. 27, Sec. 9. )

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    If the commission finds certain water or sewer system corporations are unable, unwilling, abandoned, or unresponsive, it may ask the superior court to appoint a receiver.

    ## 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 7. Receiverships [1825 - 1826] ( Article 7 added by Stats. 2020, Ch. 27, Sec. 9. ) ## 1826. Whenever the commission determines, after notice and hearing, that any water or sewer system corporation is unable or unwilling to adequately serve its ratepayers, has been actually or effectively abandoned by its owners, or is unresponsive to the rules or orders of the commission, the commission may petition the superior court for the county within which the corporation has its principal office or place of business for the appointment of a receiver to assume possession of its property and to operate its system upon such terms and conditions as the court shall prescribe. The court may require, as a condition to the appointment of the receiver, that a sufficient bond be given by the receiver and conditioned upon compliance with the orders of the court and the commission, and the protection of all property rights involved. The court shall provide for disposition of the facilities and system in like manner as any other receivership proceeding in this state. (Added by renumbering Section 855 by Stats. 2020, Ch. 27, Sec. 8. (SB 350) Effective January 1, 2021.)
  9. 185000.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 1. General Provisions,Findings, and Definitions [185000 - 185012] ( Chapter 1 added by Stats. 1996, Ch. 796, Sec. 1. )

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    This division may be cited as the California High-Speed Rail Act.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 1. General Provisions,Findings, and Definitions [185000 - 185012] ( Chapter 1 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185000. This division shall be known, and may be cited, as the California High-Speed Rail Act. (Added by Stats. 1996, Ch. 796, Sec. 1. Effective January 1, 1997.)
  10. 185010.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 1. General Provisions,Findings, and Definitions [185000 - 185012] ( Chapter 1 added by Stats. 1996, Ch. 796, Sec. 1. )

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    The Legislature makes findings about California’s transportation needs and says the state should prepare a high-speed intercity rail plan and designate an entity to implement it.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 1. General Provisions,Findings, and Definitions [185000 - 185012] ( Chapter 1 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185010. The Legislature hereby finds and declares all of the following: (a) California, over the past decades, has built an extensive network of freeways and airports to meet the state’s growing transportation needs. (b) These facilities are not adequate to meet the mobility needs of the current population. (c) The population of the state and the travel demands of its citizens are expected to continue to grow at a rapid rate. (d) The cost of expanding the current network of highways and airports fully to meet current and future transportation needs is prohibitive, and a total expansion strategy would be detrimental to air quality. (e) Intercity rail service, when coordinated with urban transit and airports, is an efficient, practical, and less polluting transportation mode that can fill the gap between future demand and present capacity. (f) Advances in rail technology have allowed intercity rail systems in Europe and Japan to attain speeds of up to 200 miles per hour and compete effectively with air travel for trips in the 200 to 500-mile range. (g) Development of a high-speed rail system is a necessary and viable alternative to automobile and air travel in the state. (h) In order for the state to have a comprehensive network of high-speed intercity rail systems by the year 2020, it must begin preparation of a high-speed intercity rail plan similar to California’s former freeway plan and designate an entity with stable and predictable funding sources to implement the plan. (i) Utilizing existing human and manufacturing resources to build a large network of high-speed rail systems will generate jobs and economic growth for today’s population and produce a transportation network for future generations. (j) Upon confirmation of the need and costs by detailed studies, the private sector, together with the state, can build and operate new high-speed intercity rail systems utilizing private and public financing. (k) The existing high-speed rail commission is completing its work and a successor authority to continue planning is necessary. (Added by Stats. 1996, Ch. 796, Sec. 1. Effective January 1, 1997.)
  11. 185012.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 1. General Provisions,Findings, and Definitions [185000 - 185012] ( Chapter 1 added by Stats. 1996, Ch. 796, Sec. 1. )

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    This section defines key terms used in the division, including “Authority,” “Department,” and “High-speed rail.”

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 1. General Provisions,Findings, and Definitions [185000 - 185012] ( Chapter 1 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185012. As used in this division, unless the context requires otherwise, the following terms have the following meanings: (a) “Authority” means the High-Speed Rail Authority. (b) “Department” means the Department of Transportation. (c) “High-speed rail” means intercity passenger rail service that utilizes an alignment and technology that makes it capable of sustained speeds of 200 miles per hour or greater. (Added by Stats. 1996, Ch. 796, Sec. 1. Effective January 1, 1997.)
  12. 185020.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 2. The High-Speed Rail Authority [185020 - 185024] ( Chapter 2 added by Stats. 1996, Ch. 796, Sec. 1. )

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    This section creates the High-Speed Rail Authority, sets its membership and appointment structure, and requires the authority to elect a chairperson and vice chairperson.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 2. The High-Speed Rail Authority [185020 - 185024] ( Chapter 2 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185020. (a) There is in the Transportation Agency a High-Speed Rail Authority. (b) (1) The authority is composed of 11 members as follows: (A) Five members appointed by the Governor. (B) Two members appointed by the Senate Committee on Rules. (C) Two members appointed by the Speaker of the Assembly. (D) One Member of the Senate appointed by the Senate Committee on Rules and one Member of the Assembly appointed by the Speaker of the Assembly shall be ex officio members without vote and shall participate in the activities of the authority to the extent that participation is not incompatible with their positions as Members of the Legislature. (2) For the purposes of making appointments to the authority pursuant to subparagraphs (A), (B), and (C) of paragraph (1), the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall take into consideration geographical diversity to ensure that all regions of the state are adequately represented. (c) Except as provided in subdivision (d), and until their successors are appointed, members of the authority, other than members appointed pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (b), shall hold office for terms of four years. A vacancy shall be filled by the appointing power making the original appointment, by appointing a member to serve the remainder of the term or, in the case of a member appointed by the Speaker of the Assembly, at the pleasure of the Speaker of the Assembly. (d) (1) In order to provide for evenly staggered terms, persons appointed or reappointed to the authority by the Governor and the Senate Committee on Rules after January 1, 2001, shall be appointed to initial terms to expire as follows: (A) Of the five persons appointed by the Governor, one shall be appointed to a term that expires on December 31, 2002, one shall be appointed to a term that expires on December 31, 2003, one shall be appointed to a term that expires on December 31, 2004, and two shall be appointed to terms that expire on December 31, 2005. (B) Of the two persons appointed by the Senate Committee on Rules, one shall be appointed to a term that expires on December 31, 2002, and one shall be appointed to a term that expires on December 31, 2004. (2) Following expiration of each of the initial terms provided for in this subdivision, the term shall expire every four years thereafter on December 31. (e) Members of the authority are subject to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (f) From among its voting members, the authority shall elect a chairperson, who shall preside at all meetings of the authority, and a vice chairperson to preside in the absence of the chairperson. The chairperson shall serve a term of one year. (g) Five voting members of the authority constitute a quorum for taking any action by the authority. (Amended by Stats. 2018, Ch. 43, Sec. 5. (AB 1831) Effective June 27, 2018.)
  13. 185022.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 2. The High-Speed Rail Authority [185020 - 185024] ( Chapter 2 added by Stats. 1996, Ch. 796, Sec. 1. )

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    Voting members of the authority get $100 per day when attending authority business, capped at $500 per month, and are reimbursed for actual travel expenses.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 2. The High-Speed Rail Authority [185020 - 185024] ( Chapter 2 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185022. (a) Each voting member of the authority shall receive compensation of one hundred dollars ($100) for each day that the member is attending to the business of the authority, but shall not receive more than five hundred dollars ($500) in any calendar month. (b) Voting members of the authority shall be reimbursed for their actual travel expenses incurred in attending to the business of the authority. (Amended by Stats. 2016, Ch. 117, Sec. 2. (AB 1813) Effective January 1, 2017.)
  14. 185024.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 2. The High-Speed Rail Authority [185020 - 185024] ( Chapter 2 added by Stats. 1996, Ch. 796, Sec. 1. )

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    The authority must appoint an executive director, and the Governor may appoint up to six additional exempt positions for the project. The authority also sets compensation, with Human Resources approval, and pay cannot exceed the highest comparable compensation identified by the salary survey.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 2. The High-Speed Rail Authority [185020 - 185024] ( Chapter 2 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185024. (a) The authority shall appoint an executive director, exempt from civil service, who shall serve at the pleasure of the authority, to administer the affairs of the authority as directed by the authority. (b) For purposes of managing and administering the ongoing work of the authority in implementing the high-speed train project, the Governor, upon the recommendation of the executive director, may appoint up to six additional individuals, exempt from civil service, who shall serve at the pleasure of the executive director. Pursuant to this subdivision, the Governor may appoint persons only for the following positions: (1) Chief program manager. (2) Up to three regional directors. (3) Chief financial officer. (4) Director of risk management and project controls. (c) The compensation of the executive director and the additional persons authorized by subdivision (b) shall be established by the authority, and approved by the Department of Human Resources, in an amount that is reasonably necessary, in the discretion of the authority, to attract and hold a person of superior qualifications. The authority shall cause to be conducted, through the use of independent outside advisers, a salary survey to determine the compensation for the positions under this subdivision. The Department of Human Resources may, in its discretion, accept a previously completed salary survey that meets the requirements of this subdivision, and shall review the methodology used in the survey. The salary survey shall consider both of the following: (1) Other state, regional, and local transportation agencies that are most comparable to the authority and its responsibilities. (2) Other relevant labor pools. The compensation set by the authority shall not exceed the highest comparable compensation for a position of that type, as determined by the salary survey. Based on the salary survey, these positions shall be paid a salary established by the authority and approved by the Department of Human Resources. (d) The executive director may, as authorized by the authority, appoint necessary staff to carry out the provisions of this part. (Amended by Stats. 2012, Ch. 665, Sec. 188. (SB 1308) Effective January 1, 2013.)
  15. 185030.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

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    The authority must direct development and implementation of intercity high-speed rail service integrated with the existing intercity rail and bus network.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185030. The authority shall direct the development and implementation of intercity high-speed rail service that is fully integrated with the state’s existing intercity rail and bus network, consisting of interlinked conventional and high-speed rail lines and associated feeder buses. The intercity network in turn shall be fully coordinated and connected with commuter rail lines and urban rail transit lines developed by local agencies, as well as other transit services, through the use of common station facilities whenever possible. (Added by Stats. 1996, Ch. 796, Sec. 1. Effective January 1, 1997.)
  16. 185032.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

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    If funded in the Budget Act, the authority must prepare a state high-speed train network plan. The authority also has exclusive responsibility for planning, construction, and operation of high-speed passenger train service over 125 miles per hour, subject to the stated exception for other agencies’ lawful powers.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185032. Upon an appropriation in the Budget Act for that purpose, the authority shall prepare a plan for the construction and operation of a high-speed train network for the state, consistent with and continuing the work of the Intercity High-Speed Rail Commission conducted prior to January 1, 1997. The plan shall include an appropriate network of conventional intercity passenger rail service and shall be coordinated with existing and planned commuter and urban rail systems. (a) The authorization and responsibility for planning, construction, and operation of high-speed passenger train service at speeds exceeding 125 miles per hour in this state is exclusively granted to the authority. (b) Except as provided in paragraph (2), nothing in this subdivision precludes other local, regional, or state agencies from exercising powers provided by law with regard to planning or operating, or both, passenger rail service. (Amended by Stats. 2012, Ch. 728, Sec. 166. (SB 71) Effective January 1, 2013.)
  17. 185033.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

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    The authority must prepare, publish, adopt, and submit a business plan on a recurring schedule, publish a draft at least 60 days before publication, hold a public hearing, and consider comments before adopting the plan.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185033. (a) The authority shall prepare, publish, adopt, and submit to the Legislature, not later than May 1, 2014, and every two years thereafter, a business plan. At least 60 days prior to the publication of the plan, the authority shall publish a draft business plan for public review and comment. The draft plan shall also be submitted to the Senate Committee on Transportation and Housing, the Assembly Committee on Transportation, the Senate Committee on Budget and Fiscal Review, and the Assembly Committee on Budget. (b) (1) The business plan shall include, but need not be limited to, all of the following elements: (A) A description of the type of service the authority is developing and the proposed chronology for the construction of the statewide high-speed rail system, and the estimated capital costs for each segment or combination of segments. (B) A forecast of the expected patronage, service levels, and operating and maintenance costs for the Phase 1 corridor as identified in paragraph (2) of subdivision (b) of Section 2704.04 of the Streets and Highways Code and by each segment or combination of segments for which a project level environmental analysis is being prepared for Phase 1. The forecast shall assume a high, medium, and low level of patronage and a realistic operating planning scenario for each level of service. (C) Alternative financial scenarios for different levels of service, based on the patronage forecast in subparagraph (B), and the operating break-even points for each alternative. Each scenario shall assume the terms of subparagraph (J) of paragraph (2) of subdivision (c) of Section 2704.08 of the Streets and Highways Code. (D) The expected schedule for completing environmental review, and initiating and completing construction for each segment or combination of segments of Phase 1. (E) An estimate and description of the total anticipated federal, state, local, and other funds the authority intends to access to fund the construction and operation of the system, and the level of confidence for obtaining each type of funding. (F) Any written agreements with public or private entities to fund components of the high-speed rail system, including stations and terminals, and any impediments to the completion of the system. (G) Alternative public-private development strategies for the implementation of Phase 1. (H) A discussion of all reasonably foreseeable risks the project may encounter, including, but not limited to, risks associated with the project’s finances, patronage, right-of-way acquisition, environmental clearances, construction, equipment, and technology, and other risks associated with the project’s development. The plan shall describe the authority’s strategies, processes, or other actions it intends to utilize to manage those risks. (2) To the extent feasible, the business plan should draw upon information and material developed according to other requirements, including, but not limited to, the preappropriation review process and the preexpenditure review process in the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century pursuant to Section 2704.08 of the Streets and Highways Code. The authority shall hold at least one public hearing on the business plan and shall adopt the plan at a regularly scheduled meeting. When adopting the plan, the authority shall take into consideration comments from the public hearing and written comments that it receives in that regard, and any hearings that the Legislature may hold prior to adoption of the plan. (Amended by Stats. 2013, Ch. 237, Sec. 6. (AB 528) Effective January 1, 2014.)
  18. 185033.5.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

    Verify source ↗

    The authority must submit a project update report to legislative committees every two years, starting on or before March 1, 2017, and the report must be approved by the Secretary of Transportation.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185033.5. On or before March 1, 2017, and every two years thereafter, the authority shall provide a project update report, approved by the Secretary of Transportation as consistent with the criteria in this section, to the budget committees and the appropriate policy committees of both houses of the Legislature, on the development and implementation of intercity high-speed train service pursuant to Section 185030. The report, at a minimum, shall include a programwide summary, as well as details by project segment, with all information necessary to clearly describe the status of the project, including, but not limited to, all of the following: (a) A summary describing the overall progress of the project. (b) The baseline budget for all project phase costs, by segment or contract, beginning with the California High-Speed Rail Program Revised 2012 Business Plan. (c) The current and projected budget, by segment or contract, for all project phase costs. (d) Expenditures to date, by segment or contract, for all project phase costs. (e) A comparison of the current and projected work schedule and the baseline schedule contained in the California High-Speed Rail Program Revised 2012 Business Plan. (f) A summary of milestones achieved during the prior two-year period and milestones expected to be reached in the coming two-year period. (g) Any issues identified during the prior two-year period and actions taken to address those issues. (h) A thorough discussion of risks to the project and steps taken to mitigate those risks. (Added by Stats. 2015, Ch. 12, Sec. 2. (AB 95) Effective June 24, 2015.)
  19. 185033.7.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

    Verify source ↗

    The authority must develop and keep updated schedules and report funding and cost information for the Merced to Bakersfield segment.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185033.7. (a) For purposes of this section, the following definitions apply: (1) “Merced to Bakersfield segment” means a 171-mile electrified dual-track segment that is usable for high-speed rail service in the central valley from Merced to Bakersfield, with a new combined station in downtown Merced, and connections to the Amtrak San Joaquins and the Altamont Corridor Express. (2) “Phase 1 System” means Phase 1 of the high-speed train project described in Section 2704.04 of the Streets and Highways Code. (b) (1) As part of the project update report that is due on or before March 1, 2023, pursuant to Section 185033.5, the authority shall develop schedules related to the delivery of all of the following tasks: (A) Completion of the 119-mile dual track segment from Madera to Poplar Avenue, which means Avenue 19 in the County of Madera to one mile north of the Tulare-Kern county line southward to north of Bakersfield, currently near Poplar Avenue. (B) Completion of right-of-way, planning, and advance engineering for extensions to Merced and Bakersfield. (C) Completion of an agreement or agreements between the state, the San Joaquin Joint Powers Authority, the San Joaquin Regional Rail Commission, and the authority that details the role of each in planning, constructing, and funding the connection in the City of Merced. (D) Completion of an agreement or agreements between the state, the San Joaquin Joint Powers Authority, the San Joaquin Regional Rail Commission, and the authority covering the planning, funding, and operation of the proposed high-speed rail services from Merced to Bakersfield and the authority and approval for the San Joaquin Joint Powers Authority to contract for the operation of the high-speed rail services. (E) Provision of an updated cost estimate with a stated probability level, or levels, of its ongoing contracts and for the work it is funding and managing that is required to complete the Merced to Bakersfield segment extensions. (F) Completion of a funding plan that includes any additional federal funding awards for the Merced to Bakersfield segment. (G) Additional milestones required for the completion of the Merced to Bakersfield segment and the full Phase 1 System pursuant to subparagraphs (A) to (F), inclusive. (2) The delivery schedules developed pursuant to paragraph (1) shall be included and updated in each subsequent business plan adopted pursuant to Section 185033 and project update report prepared pursuant to Section 185033.5. (c) (1) In order to demonstrate reasonable likelihood of adequate funding to complete the Merced to Bakersfield segment, the authority shall provide all of the following information in the project update report that is due on or before March 1, 2023, pursuant to Section 185033.5: (A) Estimated and actual civil works costs of the Merced to Bakersfield segment. (B) Estimated and actual right-of-way, acquisitions, utilities, and other third-party agreement costs. (C) Estimates of contract costs, including contingencies to cover change orders. (D) Other costs, estimated and actual, including, but not limited to, rolling stock, interim use, and stations. (E) Costs reported in a manner than can be comparable across reports. (F) Updates on the authority’s progress on achieving project milestones, as established in the project update report or the business plan adopted pursuant to Section 185033. (G) Funding commitments beyond the Merced to Bakersfield segment, and spending to meet those commitments to date, including funding sources used to meet identified funding commitments. (2) The information specified in paragraph (1) shall be included and updated in each subsequent business plan adopted pursuant to Section 185033 and project update report prepared pursuant to Section 185033.5. (Added by Stats. 2022, Ch. 71, Sec. 8. (SB 198) Effective June 30, 2022.)
  20. 185033.8.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

    Verify source ↗

    The authority must include a detailed funding plan for the Merced to Bakersfield segment in its business plan due on or before May 1, 2026.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185033.8. (a) As part of the business plan that is due on or before May 1, 2026, pursuant to Section 185033, the authority shall provide a detailed funding plan for the Merced to Bakersfield segment that includes all of the following information: (1) An updated estimate of the funding gap for completing the segment. (2) A strategy for addressing the funding gap that includes all of the following: (A) An itemized list of anticipated funds by source. (B) A timeline describing when each source of funds must be received in order to meet the authority’s schedule for segment completion. (C) The estimated project delays that would result if any funding source fails to materialize, and a discussion of how work could be resequenced to minimize these delays. (D) An assessment of the likelihood that each proposed source of funding will materialize, including the identification of any major risks for obtaining the funding and a plan for mitigating those risks. (3) Options for initiating service on the segment described in subparagraph (A) of paragraph (1) of subdivision (b) of Section 185033.7 and the estimated schedule and costs associated with the service. (b) For purposes of this section, “Merced to Bakersfield segment” has the same meaning as defined in Section 185033.7. (Added by Stats. 2025, Ch. 81, Sec. 1. (AB 377) Effective January 1, 2026.)
  21. 185034.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

    Verify source ↗

    The authority may carry out listed high-speed rail planning, financing, contracting, and public-information activities.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185034. The authority may do any of the following: (1) Conduct engineering and other studies related to the selection and acquisition of rights-of-way and the selection of a franchisee, including, but not limited to, environmental impact studies, socioeconomic impact studies, and financial feasibility studies. (2) Evaluate alternative high-speed rail technologies, systems and operators, and select an appropriate high-speed rail system. (3) Establish criteria for the award of a franchise. (4) Accept grants, fees, and allocations from the state, from political subdivisions of the state or from the federal government, foreign governments, and private sources. (5) Select a proposed franchisee, a proposed route, and proposed terminal sites. (6) Enter into contracts with public and private entities for the preparation of the plan. (7) Prepare a detailed financing plan, including any necessary taxes, fees, or bonds to pay for the construction of the high-speed train network. (8) Develop a proposed high-speed rail financial plan, including necessary taxes, bonds, or both, or other indebtedness, and submit the plan to the Legislature and to the Governor. (9) Keep the public informed of its activities. (Amended by Stats. 2002, Ch. 696, Sec. 2. Effective January 1, 2003.)
  22. 185034.5.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

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    People selected by the authority for peer review are treated as designated employees, and the authority is treated as the appointing power.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185034.5. For purposes of Article 3 (commencing with Section 87300) of Chapter 7 of Title 9 of the Government Code, each individual who is selected by the authority to serve in a peer review capacity to the authority shall be deemed to be a designated employee of the authority, and the authority shall be deemed to be the appointing power. Statements required to be filed pursuant to Section 87302 of the Government Code shall be filed with the authority. (Added by Stats. 2012, Ch. 626, Sec. 2. (AB 41) Effective September 27, 2012.)
  23. 185035.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

    Verify source ↗

    The authority must set up an independent peer review group to review its plans and financing, and the group must report its findings to the Legislature within 60 days after receiving the plans.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185035. (a) The authority shall establish an independent peer review group for the purpose of reviewing the planning, engineering, financing, and other elements of the authority’s plans and issuing an analysis of appropriateness and accuracy of the authority’s assumptions and an analysis of the viability of the authority’s financing plan, including the funding plan for each corridor required pursuant to subdivision (b) of Section 2704.08 of the Streets and Highways Code. (b) The peer review group shall include all of the following: (1) Two individuals with education and experience in the planning and construction of large transportation systems, such as high-speed rail, or highway systems with similar characteristics, designated by the Treasurer. (2) Two individuals, one with experience in engineering and construction of high-speed rail or similar large infrastructure projects and one with experience in project planning and finance, designated by the Controller. (3) One representative from a financial services or financial consulting firm who shall not have been a contractor or subcontractor of the authority for the previous three years, designated by the Director of Finance. (4) One representative with experience in environmental planning, designated by the Secretary of Transportation. (5) Two individuals with experience providing or governing intercity or commuter passenger train services in California, designated by the Secretary of Transportation. (c) The peer review group shall evaluate the authority’s funding plans and prepare its independent judgment as to the feasibility and reasonableness of the plans, appropriateness of assumptions, analyses, and estimates, and any other observations or evaluations it deems necessary. (d) The authority shall provide the peer review group any and all information that the peer review group may request to carry out its responsibilities. (e) The peer review group shall report its findings and conclusions to the Legislature no later than 60 days after receiving the plans. (Amended by Stats. 2015, Ch. 12, Sec. 3. (AB 95) Effective June 24, 2015.)
  24. 185036.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

    Verify source ↗

    If the funding approval condition is met, the authority may enter contracts, acquire rights-of-way, issue debt, make development agreements, set fares and schedules, and relocate highways and utilities.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185036. Upon approval by the Legislature, by the enactment of a statute, or approval by the voters of a financial plan providing the necessary funding for the construction of a high-speed network, the authority may do any of the following: (a) Enter into contracts with private or public entities for the design, construction, and operation of high-speed trains. The contracts may be separated into individual tasks or segments or may include all tasks and segments, including a design-build or design-build-operate contract. (b) Acquire rights-of-way through purchase or eminent domain. (c) Issue debt, secured by pledges of state funds, federal grants, or project revenues. The pledge of state funds shall be limited to those funds expressly authorized by statute or voter-approved initiatives. (d) Enter into cooperative or joint development agreements with local governments or private entities. (e) Set fares and schedules. (f) Relocate highways and utilities. (Amended by Stats. 2010, Ch. 328, Sec. 208. (SB 1330) Effective January 1, 2011.)
  25. 185036.1.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

    Verify source ↗

    The authority must try to buy high-speed train rolling stock and related equipment made in California, when consistent with federal and state law.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185036.1. (a) The authority shall make every effort to purchase high-speed train rolling stock and related equipment that are manufactured in California, as defined in subdivision (b), consistent with federal law and any other applicable provision of state law. (b) For purposes of this section, the following terms have the following meanings: (1) “Manufactured in California” means that the rolling stock and related equipment are manufactured in whole or in substantial part within California or that the majority of the component parts of the rolling stock and related equipment were manufactured in whole or in substantial part in California. (2) “Manufactured” means an activity of converting or conditioning property by changing the form, composition, quality, or character of the property for ultimate sale at retail or use in the manufacturing of a product to be ultimately sold at retail. (c) Nothing in this section creates a private right of action in any civil litigation. (Added by Stats. 2012, Ch. 413, Sec. 1. (AB 16) Effective January 1, 2013.)
  26. 185036.2.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

    Verify source ↗

    The authority must approve any contract change order worth more than $100,000,000.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185036.2. Notwithstanding the authority’s ability to delegate power to the executive director pursuant to subdivision (a) of Section 185024, a contract change order with a value greater than one hundred million dollars ($100,000,000) shall be approved by the authority. (Added by Stats. 2024, Ch. 248, Sec. 1. (AB 2879) Effective January 1, 2025.)
  27. 185036.5.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

    Verify source ↗

    The authority must notify specified legislative committee chairpersons before applying for federal funding or, after June 1, 2022, before releasing certain RFPs, and the notices must include specified details.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185036.5. (a) For purposes of this section, “Merced to Bakersfield segment” has the same meaning as defined in Section 185033.7. (b) Before submitting a federal grant application for funding for implementation of the high-speed rail project, the authority shall notify the chairpersons of the relevant committees of both houses of the Legislature of the authority’s intent to apply for federal funding. This notification shall include, but not is limited to, all of the following information: (1) Amount of federal funding for which the authority is applying. (2) Activities for which the funding will be used, including whether the planned activities are located on the Merced to Bakersfield segment. (3) The expected source and level of state matching funding required for a successful grant application. (4) If there is expected matching state funding that would be spent outside the Merced to Bakersfield segment, the notification shall include an explanation of the need for the proposed spending and how it is consistent with the Legislature’s stated goal of prioritizing the construction of the Merced to Bakersfield segment, as described in Section 1 of the act adding this section. (c) (1) Before releasing a request for proposals (RFP) after June 1, 2022, the authority shall notify the chairpersons of the relevant committees of both houses of the Legislature of the authority’s intent to release the RFP if it would involve any of the following: (A) Track and systems. (B) Leasing or procurement of train sets. (C) Any work with an estimated value of over two hundred fifty million dollars ($250,000,000) or a duration of 10 years or more. (2) The notification required pursuant to paragraph (1) shall include, but not is limited to, all of the following information: (A) Expected value and duration of the contract. (B) Activities for which the authority will be contracting. (C) How the proposed contract is consistent with the Legislature’s stated goal of prioritizing the completion of the Merced to Bakersfield segment, as described in Section 1 of the act adding this section. (Added by Stats. 2022, Ch. 71, Sec. 9. (SB 198) Effective June 30, 2022.)
  28. 185037.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

    Verify source ↗

    The authority may contract with the department to do project design and engineering work, including construction inspection, for high-speed rail projects.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185037. (a) Notwithstanding any other provision of law, for any project along the high-speed rail network, the authority may contract with the department to perform project design and engineering services, including construction inspection services. (b) For purposes of this section, “project design and engineering services, including construction inspection services” means preliminary engineering, planning, prebid services, right-of-way acquisition, preparation of environmental documents, preparation of plans, specifications, and estimates, construction inspection including surveying and materials testing, quality control inspection including highway and utility relocation, and grade separations. (Added by Stats. 2008, Ch. 267, Sec. 3. Effective August 26, 2008.)
  29. 185038.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. )

    Verify source ↗

    Lawsuits against the authority must be filed in a court with proper jurisdiction in Sacramento County.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 3. Responsibilities of the Authority [185030 - 185038] ( Chapter 3 added by Stats. 1996, Ch. 796, Sec. 1. ) ## 185038. Any legal or equitable action brought against the authority shall be brought in a court of competent jurisdiction in the County of Sacramento. For purposes of this section, subdivision (1) of Section 401 of the Code of Civil Procedure does not apply. (Added by Stats. 2002, Ch. 696, Sec. 3. Effective January 1, 2003.)
  30. 185040.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 4. Rights-of-Way [185040 - 185045] ( Chapter 4 added by Stats. 2013, Ch. 132, Sec. 8. )

    Verify source ↗

    The authority may sell or exchange surplus high-speed rail property, but it must give mailed notice to the last known owner before sale and wait at least 30 days after notice.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 4. Rights-of-Way [185040 - 185045] ( Chapter 4 added by Stats. 2013, Ch. 132, Sec. 8. ) ## 185040. (a) If the authority determines that real property or an interest therein, previously or hereafter acquired by the state for high-speed rail purposes, is no longer necessary for those purposes, the authority may sell or exchange the real property or interest therein at fair market value in the manner set forth in this section. (b) Before selling the real property or interest therein in any manner authorized under this section, the authority shall send notification by certified mail to the last known owner of the real property or interest therein at his or her last known address, advising him or her that the real property or interest therein will be offered for sale. The authority shall not sell the real property or interest therein until at least 30 days after the notification has been sent. (c) The authority may sell the property to an adjoining landowner if it makes either of the following findings: (1) (A) That the property is of a size or shape that it is below the average normal standard size and shape of other privately owned properties in the immediate neighborhood, and that if the property were sold to other than the adjoining owner, it would give rise to a land use development thereof that would be below and not consistent with the normal land use of other properties in that neighborhood, (B) that the sale of the property to a party other than the adjoining owner may cause an undue or unfair hardship to the adjoining owner in the normal land use development or operation of his or her property, (C) that the property considered as part of the adjoining property would have a higher and better use than under separate ownership, and (D) that the fair market value of the property considered as part of the adjoining property would be higher than under separate ownership. (2) (A) That the sale of the excess parcel to other than the adjoining owner would deprive the adjoining owner of an existing vested right of access to a public highway and thereby create a possible cause of action against the authority or the state. (B) A sale to an adjoining landowner pursuant to this subdivision may be by contract to sell or trust deed. The payment period in a contract of sale or sale by trust deed shall not extend longer than 10 years from the time the contract of sale or trust deed is executed, and a transaction involving a contract of sale or sale by trust deed to private parties shall require a downpayment of at least 30 percent of the purchase price. (d) The authority may sell the property to municipalities or other local agencies at their request, without calling for competitive bids, at a price representing the fair market value thereof, and upon a determination that the intended use is for a public purpose. (e) If it is improved property, the property may be sold to a former owner who has remained in occupancy or to a residential tenant of a tenure of five years or more with all rent obligations current or paid in full. (f) Any real property or interest therein may in like manner be exchanged, either as whole or part consideration, for any other real property or interest therein as needed for high-speed rail purposes. This provision does not authorize exchanges where the value of the state-owned property exceeds the value of the property the authority seeks to acquire, unless the excess value is incidental and subdivision of the state-owned property, in order to produce a smaller parcel of equal value to the value of the property the authority seeks to acquire, would reduce the total value of the state-owned property. (g) Except as otherwise provided in this section, property shall be sold either by receipt of competitive sealed bids or at public auction, whichever method is determined by the authority to be more likely to achieve the higher sales price. (h) Any payments received under this section for the sale of real property no longer necessary for high-speed rail purposes shall be deposited in the High-Speed Rail Property Fund created pursuant to Section 185045 and shall be available to the authority upon appropriation as provided in that section. (Amended by Stats. 2017, Ch. 561, Sec. 224. (AB 1516) Effective January 1, 2018.)
  31. 185041.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 4. Rights-of-Way [185040 - 185045] ( Chapter 4 added by Stats. 2013, Ch. 132, Sec. 8. )

    Verify source ↗

    The authority may sell or lease excess right-of-way parcels to municipalities or other local agencies for public purposes, and may accept certain maintenance or landscaping benefits as consideration.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 4. Rights-of-Way [185040 - 185045] ( Chapter 4 added by Stats. 2013, Ch. 132, Sec. 8. ) ## 185041. The authority may sell or lease excess right-of-way parcels to municipalities or other local agencies for public purposes, and may accept as all or part of the consideration for the sale or lease any substantial benefits the state will derive from the municipality or other local agency’s undertaking maintenance or landscaping costs that would otherwise be the obligation of the state. (Added by Stats. 2013, Ch. 132, Sec. 8. (AB 481) Effective January 1, 2014.)
  32. 185042.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 4. Rights-of-Way [185040 - 185045] ( Chapter 4 added by Stats. 2013, Ch. 132, Sec. 8. )

    Verify source ↗

    The authority may lease certain nonoperating right-of-way areas, help fund local parks and recreation there, accept maintenance or landscaping benefits as consideration, and classify parts of the rights-of-way as nonoperating.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 4. Rights-of-Way [185040 - 185045] ( Chapter 4 added by Stats. 2013, Ch. 132, Sec. 8. ) ## 185042. The authority may lease nonoperating right-of-way areas to municipalities or other local agencies for public purposes, and may contribute toward the cost of developing local parks and other recreational facilities on those areas. The authority may accept as all or part of the consideration for the lease or for the state contribution any substantial benefits the state will derive from the municipality or other local agency’s undertaking maintenance or landscaping costs that would otherwise be the obligation of the state. Those leases shall contain a provision that whenever the leased land is needed for high-speed rail operating purposes the lease shall terminate. The authority is authorized to classify portions of high-speed rail rights-of-way as nonoperating. (Added by Stats. 2013, Ch. 132, Sec. 8. (AB 481) Effective January 1, 2014.)
  33. 185044.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 4. Rights-of-Way [185040 - 185045] ( Chapter 4 added by Stats. 2013, Ch. 132, Sec. 8. )

    Verify source ↗

    The authority may lease certain rail property for up to 99 years, but it must check local zoning first, use prescribed procedures, require competitive bidding for private leases, and deposit lease revenue into the High-Speed Rail Property Fund.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 4. Rights-of-Way [185040 - 185045] ( Chapter 4 added by Stats. 2013, Ch. 132, Sec. 8. ) ## 185044. The authority may lease to public agencies or private entities or individuals for any term not to exceed 99 years the use of areas above or below operating rights-of-way and portions of property not currently being used as operating rights-of-way, subject to any reservations, restrictions, and conditions that it deems necessary to ensure adequate protection of the safety and adequacy of high-speed rail facilities and of abutting or adjacent land uses. Prior to entering into any lease, the authority shall determine that the proposed use is not in conflict with the zoning regulations of the local government concerned. The leases shall be made in accordance with procedures to be prescribed by the authority, except that, in the cases of leases with private entities or individuals, the leases shall be made only after competitive bidding. The possibilities of entering into the leases, and the consequent benefits to be derived therefrom, may be considered by the authority in designing and constructing the high-speed rail system. Revenues from the leases shall be deposited in the High-Speed Rail Property Fund created pursuant to Section 185045. (Added by Stats. 2013, Ch. 132, Sec. 8. (AB 481) Effective January 1, 2014.)
  34. 185045.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 4. Rights-of-Way [185040 - 185045] ( Chapter 4 added by Stats. 2013, Ch. 132, Sec. 8. )

    Verify source ↗

    The High-Speed Rail Property Fund is created in the State Treasury, and related revenue must be deposited into it.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 4. Rights-of-Way [185040 - 185045] ( Chapter 4 added by Stats. 2013, Ch. 132, Sec. 8. ) ## 185045. The High-Speed Rail Property Fund is hereby created in the State Treasury for the deposit of revenue received from the sale, lease, or grant of any interest in or use of real property owned or managed by the High-Speed Rail Authority. Revenues in the fund shall be available to the authority, upon appropriation by the Legislature, for use in the development, improvement, and maintenance of the high-speed rail system, consistent with appropriate uses for each funding source. (Added by Stats. 2013, Ch. 132, Sec. 8. (AB 481) Effective January 1, 2014.)
  35. 185500.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. )

    Verify source ↗

    This section defines several terms used in the chapter, including “high-speed rail property,” “person,” “utility,” and “utility facility.”

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. ) ## 185500. (a) “High-speed rail property” means real property or an interest therein, including any right-of-way, previously or hereafter acquired by the state for high-speed rail purposes. (b) “Person” means a natural person, firm, partnership, association, corporation, organization, limited liability company, or business trust, and includes any city, county, city and county, public corporation, or public district. (c) “Utility” means any person maintaining a utility facility. (d) “Utility facility” means any pole, pole line, pipe, pipeline, conduit, cable, aqueduct, or other structure or appurtenance thereof used for publicly or privately owned utility services or used by any mutual organization supplying water or telephone service to its members. (Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)
  36. 185501.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. )

    Verify source ↗

    If the authority requires a utility to move a facility out of high-speed rail property, the authority must pay the reasonable and necessary cost of removal and relocation.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. ) ## 185501. (a) When the authority requires any utility to remove any utility facility lawfully maintained in the right-of-way of any high-speed rail property to a location entirely outside the high-speed rail property right-of-way, the authority shall pay the reasonable and necessary cost of the removal. This includes both the cost of removal and the cost of relocation to a new location outside of the high-speed rail property right-of-way. (b) This section does not apply to the relocation of a utility facility from one point in a high-speed rail property to another point in that property, including relocation in any service road of the high-speed rail property or from one point of crossing of the high-speed rail property to another reasonable point of crossing. (Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)
  37. 185502.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. )

    Verify source ↗

    The authority must pay relocation costs when it requires certain utility facilities to move in high-speed rail property.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. ) ## 185502. (a) When the authority requires a publicly owned utility to relocate within a high-speed rail property any utility facility lawfully maintained in that property that was not used for high-speed rail purposes at the time the utility facility was originally installed, the authority shall pay the cost of the relocation. (b) When the authority requires a privately owned utility to relocate within a high-speed rail property any utility facility used solely to supply water, which facility is lawfully maintained in any high-speed rail property that was not used for high-speed rail purposes at the time that the utility facility was originally installed, the authority shall pay the cost of the relocation. (c) When the authority requires a privately owned utility to relocate within a high-speed rail property any utility facility, other than one used solely to supply water, which facility is lawfully maintained in any high-speed rail property that was not used for high-speed rail purposes at the time the utility facility was originally installed, and it is established by the utility that the utility is not under express contractual obligation to relocate the utility facility at its own expense, the authority shall pay the cost of the relocation. (d) A permit containing a contractual obligation that was accepted by the utility for maintenance or minor improvement of the facility after the property became high-speed rail property shall not constitute a contractual obligation to relocate a utility facility at its own expense within the meaning of this section. (e) Publicly owned sewers and fire hydrants and any street lighting structure, whether publicly or privately owned, in any high-speed rail property shall be relocated, where necessary, at the expense of the authority. (Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)
  38. 185503.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. )

    Verify source ↗

    If the authority requires the same utility relocation more than once within 10 years, it must pay for the second and later relocations.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. ) ## 185503. If the authority requires the relocation within the right-of-way of any utility facility more than once within a period of 10 years, the authority shall pay the cost of the second relocation and any subsequent relocation within the 10-year period. (Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)
  39. 185504.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. )

    Verify source ↗

    When the authority must pay utility relocation costs, it is entitled to certain credits.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. ) ## 185504. (a) In any case in which the authority is required under the provisions of this chapter to pay the cost of removal or relocation of any utility facility, it shall be entitled to the following credits: (1) In the amount of any betterment to the utility facility resulting from the removal or relocation, not in excess of the cost of the increased capacity of the facility. (2) The salvage value of any materials or parts salvaged and retained by the utility. (3) If a new utility facility or portion of that facility is constructed to accomplish the removal or relocation, an allowance of an amount equal to the same proportion of the original cost of the displaced utility facility or portion of that facility as the age of the facility bears to the normal expected life of the facility. (b) A credit shall not be allowed against any portion of the cost that is otherwise chargeable to the utility. (c) A credit allowance for age shall not be applied to publicly owned sewers. (Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)
  40. 185505.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. )

    Verify source ↗

    The authority and utilities may agree on who pays relocation costs, the authority may advance costs, and if it does, the utility must move its facilities promptly to avoid delaying high-speed rail construction.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. ) ## 185505. (a) The authority and any utility required to remove a utility facility or to relocate any utility facility may, by agreement, provide for the respective amounts of the cost to be borne by each. The authority may, without prejudice to its rights under Section 185506, advance the cost of removal or relocation, and, if the authority advances that cost, it is the duty of the utility to move its facilities as soon as reasonably possible so as not to delay high-speed rail construction. In the case of any utility that is not financially able to bear the costs of removal or relocation, the authority may by agreement provide for the work to be done on condition that the utility’s portion of the costs be repaid to the authority over a period of time not exceeding 10 years. (b) Either party may maintain an action in a court of competent jurisdiction for an adjudication as to the obligations and costs to be borne by each party under any contract entered into by the parties at any time within four years after the cause of action first arose. The cause of action shall be deemed to arise at the time of the completion by the utility of the removal or relocation in question, or at the time of a breach of the agreement by either party, whichever occurs first. The filing of a claim with a state agency shall not be deemed a condition precedent to the maintenance by the utility of an action under this subdivision. (Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)
  41. 185506.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. )

    Verify source ↗

    If the utility and the authority do not reach an agreement, either may sue in court to apportion costs, and the suit must be filed within three years after the utility finishes the removal or relocation.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. ) ## 185506. In the event of failure to reach an agreement as provided in Section 185505, the utility or the authority may bring an action in a court of competent jurisdiction for apportionment of the cost between them in accordance with this chapter. This action shall be commenced within three years of the date of completion by the utility of the removal or relocation in question. The filing of a claim with a state agency shall not be deemed a condition precedent to the maintenance by the utility of an action pursuant to this section. (Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)
  42. 185507.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. )

    Verify source ↗

    The authority and certain utilities may contract about who pays for relocating utility facilities for high-speed rail work, and the contract controls how those costs are allocated in covered cases.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. ) ## 185507. (a) The authority and any utility as defined in Section 185500 may enter into a contract providing for or apportioning the obligations and costs to be borne by each party as to either or both of the following subject matters: (1) Any or all removals or relocations of utility facilities completed by the utility prior to the effective date of the contract as required by notice given by the authority when necessary to accommodate any or all state high-speed rail construction, where: (A) the obligations or costs to be borne by each party for a removal or relocation are in dispute; and (B) the claim of the utility is: (i) founded upon a removal or relocation completed by the utility not earlier than three years preceding the effective date of the contract; or (ii) involved in an action pending in a court of competent jurisdiction if the action was commenced within three years after completion by the utility of the removal or relocation in question. (2) Any or all removals or relocations of utility facilities to be undertaken or completed by the utility after the effective date of the contract as required by notice given by the authority when necessary to accommodate any or all state high-speed rail construction. (b) Those provisions of a contract authorized in paragraph (1) of subdivision (a) settling the claims of the parties in respect to removals or relocations of utility facilities completed by the utility prior to the effective date of the contract shall be irrevocable after the execution of the contract, unless changed or modified by mutual consent of the parties in writing. Either party may maintain an action in a court of competent jurisdiction upon any of the provisions of the contract at any time within two years after the effective date of the contract, and the utility need not file a claim with a state agency as a condition precedent to the maintenance of an action under this subdivision. (c) Those provisions of a contract dealing with removals or relocations of utility facilities to be undertaken or completed by the utility after the effective date of the contract, as authorized in paragraph (2) of subdivision (a), shall be subject to the following limitations and requirements: (1) While the contract remains in effect, the contract shall govern exclusively the determination of the obligations and costs to be borne by each party in regard to any removal or relocation covered by the contract and undertaken or completed by the utility after the effective date of the contract, whether notice of the necessity of the removal or relocation was given by the authority to the utility before or after the effective date of the contract. This chapter, as now or hereafter existing, and any and all other laws that would be applicable to the subject matter but for the contract shall not apply, except that laws may be referred to, retained, and made applicable by the contract. This paragraph shall not apply in the following circumstances: (A) If, before the effective date of a contract entered into under this section, the parties executed an agreement in respect to the obligations and costs to be borne by each party as to a particular removal or relocation under a notice given by the authority, the provisions of such an agreement shall govern as to the obligations and costs to be borne by each party in respect to that particular removal or relocation. (B) If a particular notice given by the authority before the effective date of a contract entered into under this section includes a determination that a removal or relocation is to be made at the expense of the utility, the utility shall be bound by that notice unless the utility advised the authority in writing of its disagreement with the determination within the time specified in an agreement then in effect between the authority and the utility in respect to the procedure to be followed in those cases, or, if there is no such agreement, within a reasonable time after receipt by the utility of the notice. (2) Either party may maintain an action in a court of competent jurisdiction for an adjudication as to the obligations and costs to be borne by each party under the contract at any time within four years after the cause of action first arose. The cause of action shall be deemed to arise at the time of the completion by the utility of the removal or relocation in question. The filing of a claim with a state agency shall not be deemed a condition precedent to the maintenance by the utility of an action under this paragraph. (3) The contract shall terminate upon the repeal of this section, the repeal of paragraph (2) of subdivision (a) and subdivision (c), or at the time or in the manner as may be provided in the contract. In the event of termination under this paragraph, the laws applicable to the subject matter of the contract existing at the time of termination shall thereafter govern, except that the terms of the contract shall continue to apply to removals or relocations required of the utility by the authority under notice mailed or delivered to the utility prior to the termination, whether work upon the removal or relocation has already commenced, is in progress, or has been completed. (Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)
  43. 185508.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. )

    Verify source ↗

    A utility is entitled to a permit for reasonable crossings of high-speed rail property when needed to properly provide service to the public.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. ) ## 185508. A utility is entitled to a permit for such reasonable crossings of high-speed rail property as may be required for the proper discharge of the utility’s service to the public. (Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)
  44. 185509.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. )

    Verify source ↗

    The authority must exercise reasonable discretion when acting on utility permit applications for longitudinal facilities on high-speed rail property, and it may refuse applications in certain safety, traffic, or aesthetic cases.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. ) ## 185509. The authority shall exercise reasonable discretion in acting on applications of utilities for permits to occupy high-speed rail property for longitudinal locations of facilities, as may be required for the proper discharge of their services to the public. The authority may, however, refuse to grant an application for a longitudinal installation that would be inconsistent with public safety or the continued unobstructed use of the high-speed rail property for rail or vehicular traffic, or for any type of utility structure inconsistent with the aesthetic values of any landscaped high-speed rail property within, or approaching within, one mile of the limits of any city. (Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)
  45. 185510.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. )

    Verify source ↗

    When deciding utility permit applications, the authority must consider both the traveling public’s interests on high-speed rail property and consumers’ needs for utility services.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. ) ## 185510. The authority, in acting upon applications for utility permits, shall consider both the interests of the traveling public upon the high-speed rail property and the needs of consumers for utility services. (Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)
  46. 185511.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. )

    Verify source ↗

    The authority may make reasonable rules, regulations, and permit conditions about where, how, and in what manner utility facilities may be located on or around high-speed rail property.

    ## Public Utilities Code - PUC ## DIVISION 19.5. CALIFORNIA HIGH-SPEED RAIL SERVICE [185000 - 185511] ( Division 19.5 added by Stats. 1996, Ch. 796, Sec. 1. ) ## CHAPTER 5. Relocation of Utilities [185500 - 185511] ( Chapter 5 added by Stats. 2013, Ch. 35, Sec. 7. ) ## 185511. Nothing in this chapter is intended to prevent the authority from making reasonable rules and regulations and requiring reasonable conditions in permits concerning the place, manner, and method of location of utility facilities in, under, over, or along high-speed rail property. (Added by Stats. 2013, Ch. 35, Sec. 7. (SB 85) Effective June 27, 2013.)
  47. 187000.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 1. General Provisions and Definitions [187000 - 187010] ( Chapter 1 added by Stats. 2022, Ch. 71, Sec. 10. )

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    The Legislature says information used for fiscal decisions about the project should be accurate, current, and impartial, and that decisionmakers should get impartial information on how to proceed.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 1. General Provisions and Definitions [187000 - 187010] ( Chapter 1 added by Stats. 2022, Ch. 71, Sec. 10. ) ## 187000. (a) The Legislature finds and declares that ensuring that information available to make fiscally responsible decisions about the project is accurate, current, and impartial is critical to better ensuring the success of the project and to meet the expectations of the state’s taxpayers and the intent of the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century (Chapter 20 (commencing with Section 2704) of Division 3 of the Streets and Highways Code). (b) In establishing this division, it is the intent of the Legislature to provide decisionmakers with impartial information about how to proceed with the project. (Added by Stats. 2022, Ch. 71, Sec. 10. (SB 198) Effective June 30, 2022.)
  48. 187010.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 1. General Provisions and Definitions [187000 - 187010] ( Chapter 1 added by Stats. 2022, Ch. 71, Sec. 10. )

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    This section defines key terms used in this division, including “Inspector General,” “Office,” “Project,” “Merced to Bakersfield segment,” and “Personnel issues.”

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 1. General Provisions and Definitions [187000 - 187010] ( Chapter 1 added by Stats. 2022, Ch. 71, Sec. 10. ) ## 187010. Unless the context requires otherwise, for purposes of this division, the following definitions apply: (a) “Inspector General” means the High-Speed Rail Authority Inspector General appointed pursuant to Section 187020. (b) “Merced to Bakersfield segment” means a 171-mile electrified dual-track segment that is usable for high-speed rail service in the central valley from Merced to Bakersfield, with a new combined station in downtown Merced, and connections to the Amtrak San Joaquins and the Altamont Corridor Express. (c) “Office” means the High-Speed Rail Authority Office of the Inspector General established pursuant to Section 187020. (d) “Personnel issues” means matters specific to the employment relationship between the High-Speed Rail Authority and its employees, including, but not limited to, hiring and promotional decisions, performance reviews, progressive discipline, adverse actions, grievances, merit issue complaints, workplace harassment, discrimination, or possible wage or supply theft having an immaterial effect, as determined by the Inspector General, on the planning, delivery, and operation of the project. For purposes of this division, “personnel issues” does not mean fraud, waste, abuse, or mismanagement by the High-Speed Rail Authority or its employees having a material effect, as determined by the Inspector General, on the planning, delivery, and operation of the project. (e) “Project” means the high-speed rail project undertaken by the High-Speed Rail Authority pursuant to Division 19 (commencing with Section 185000) of this code and Chapter 20 (commencing with Section 2704) and Chapter 20.5 (commencing with Section 2704.75) of Division 3 of the Streets and Highways Code. (Amended by Stats. 2024, Ch. 53, Sec. 7. (AB 173) Effective July 2, 2024.)
  49. 187020.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 2. The High-Speed Rail Authority Office of Inspector General [187020 - 187024] ( Chapter 2 added by Stats. 2022, Ch. 71, Sec. 10. )

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    This section creates the High-Speed Rail Authority Office of the Inspector General and sets how the Inspector General is selected and removed.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 2. The High-Speed Rail Authority Office of Inspector General [187020 - 187024] ( Chapter 2 added by Stats. 2022, Ch. 71, Sec. 10. ) ## 187020. (a) (1) There is hereby created the High-Speed Rail Authority Office of the Inspector General. (2) The Governor shall appoint the High-Speed Rail Authority Inspector General to a four-year term from a list of three qualified individuals nominated by the Joint Legislative Audit Committee. The Joint Legislative Audit Committee shall select the three qualified individuals from a pool of candidates after conducting a comprehensive search for qualified individuals. The Joint Legislative Audit Committee shall provide at least 120 days’ notice that it is seeking applicants for nomination by providing notice in the Journals of the Senate and the Assembly and by advertising in appropriate newspapers and with nationally acknowledged professional journals and associations. Names for consideration by the Joint Legislative Audit Committee may be submitted by members of the Legislature, professional organizations, individuals, and other entities. The Inspector General shall be chosen without reference to party affiliation and solely on the ground of fitness to perform the duties of the High-Speed Rail Authority Inspector General. (3) The Legislature and the Governor may provide suggested qualifications to the Joint Legislative Audit Committee to consider when making its nominations. (b) The Office of the Inspector General shall not be a subdivision of any other governmental entity. (c) The Inspector General may not be removed from office by the Governor during that term, except for good cause. (Added by Stats. 2022, Ch. 71, Sec. 10. (SB 198) Effective June 30, 2022.)
  50. 187022.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 2. The High-Speed Rail Authority Office of Inspector General [187020 - 187024] ( Chapter 2 added by Stats. 2022, Ch. 71, Sec. 10. )

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    The Inspector General must submit a proposed budget to the Department of Finance by September 1 each year, and the Department of Finance must notify legislative budget leaders and the Legislative Analyst’s Office by January 10 if it changes that budget. The Inspector General’s annual salary is tied to the salary of the Inspector General of the Department of Corrections and Rehabilitation.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 2. The High-Speed Rail Authority Office of Inspector General [187020 - 187024] ( Chapter 2 added by Stats. 2022, Ch. 71, Sec. 10. ) ## 187022. (a) In coordination with the High-Speed Rail Authority, the Inspector General shall be provided with appropriate and adequate office space at the High-Speed Rail Authority’s offices or other facilities as necessary, together with such equipment, office supplies, maintenance services, and communications facilities and services as may be necessary for the operation of the Inspector General’s offices. (b) For each fiscal year, the Inspector General shall provide the Department of Finance with the office’s proposed budget by September 1 of each year. If the Department of Finance makes any position or funding changes to the Inspector General’s proposed budget, including, but not limited to, modifications related to total funding amounts in the budget year and out-years, staff classifications, limited-term versus permanent positions, contract resources, and operating expenses and equipment, the Department of Finance shall provide a notification to the chairs and vice chairs of the budget committees of both houses of the Legislature and the Legislative Analyst’s Office identifying the differences and explaining the reasons for the differences. This notification shall be provided no later than January 10 of each year. (c) The annual salary for the Inspector General shall be equal to that of the Inspector General of the Department of Corrections and Rehabilitation established pursuant to Chapter 8.2 (commencing with Section 6125) of Title 7 of Part 3 of the Penal Code. (Amended by Stats. 2024, Ch. 53, Sec. 8. (AB 173) Effective July 2, 2024.)
  51. 187024.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 2. The High-Speed Rail Authority Office of Inspector General [187020 - 187024] ( Chapter 2 added by Stats. 2022, Ch. 71, Sec. 10. )

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    The Inspector General must select, appoint, and employ officers and employees needed to carry out the office’s functions, and must make sure they have the training and experience needed to do the job effectively.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 2. The High-Speed Rail Authority Office of Inspector General [187020 - 187024] ( Chapter 2 added by Stats. 2022, Ch. 71, Sec. 10. ) ## 187024. Subject to applicable law, the Inspector General shall select, appoint, and employ officers and employees necessary to carry out the functions of the office. In making these selections, the Inspector General shall ensure that those officers and employees have the requisite training and experience to enable the Inspector General to carry out their duties effectively. (Added by Stats. 2022, Ch. 71, Sec. 10. (SB 198) Effective June 30, 2022.)
  52. 187030.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 3. Responsibilities of the High-Speed Rail Authority Inspector General [187030 - 187038] ( Chapter 3 added by Stats. 2022, Ch. 71, Sec. 10. )

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    The Inspector General may start and follow up on audits or reviews of the High-Speed Rail Authority project, and must carry out several oversight duties, but may not investigate personnel issues involving Authority employees.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 3. Responsibilities of the High-Speed Rail Authority Inspector General [187030 - 187038] ( Chapter 3 added by Stats. 2022, Ch. 71, Sec. 10. ) ## 187030. (a) The Inspector General may, under policies developed by the Inspector General, initiate an audit or review on the Inspector General’s own accord regarding oversight related to delivery of the project, and the selection and oversight of contractors related to the project. Following a completed audit or review, the Inspector General may perform a followup audit or review to determine what measures the High-Speed Rail Authority implemented to address the Inspector General’s findings and to assess the effectiveness of those measures. In considering what audits and reviews to perform, the Inspector General may consider input received from the Legislature, the Governor, and the High-Speed Rail Authority. (b) The duties and responsibilities of the Inspector General shall include, but are not limited to, all of the following: (1) Commencing with the project update report required pursuant to Section 185033.5 that is due on or before March 1, 2023, to conduct independent fiscal estimates and reviews of the High-Speed Rail Authority’s plans and estimates for project advancement and make findings of the reasonableness of those plans and estimates. (2) Commencing with the project update report required pursuant to Section 185033.5 that is due on or before March 1, 2023, to monitor progress toward meeting the milestones toward the implementation of the successful completion of the Merced to Bakersfield segment of the project, consistent with subdivision (a). (3) To conduct audits and investigations relating to delivery of the project. (4) To identify best practices in the delivery of capital projects and recommend policies to enable the High-Speed Rail Authority to adopt these practices when practicable. (5) To recommend policies promoting efficiency in the administration of programs and operations as part of any audit findings. (6) To review the High-Speed Rail Authority process for considering proposed and executed change orders and to make any recommendations to ensure the process is appropriate for determining the merit and reasonableness of change orders. (7) To review the High-Speed Rail Authority’s contracts and contracting practices to determine whether they are executed consistent with state and federal laws and policies and are conducted in a fair and reasonable manner, providing the state with valued services at reasonable cost. (8) To review proposed agreements to ensure that they are in the best interest of the state, the High-Speed Rail Authority’s statutory mission, and state priorities. (9) To review or investigate adherence to contract provisions, including, but not limited to, billing and invoicing requirements, of any public or private entity, including a High-Speed Rail Authority contractor, that receives project funds. (c) The Inspector General shall not investigate personnel issues regarding employees of the High-Speed Rail Authority. (d) Nothing in this division is intended to infringe upon the authority of the High-Speed Rail Authority’s own audits and controls. (Amended by Stats. 2024, Ch. 53, Sec. 9. (AB 173) Effective July 2, 2024.)
  53. 187032.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 3. Responsibilities of the High-Speed Rail Authority Inspector General [187030 - 187038] ( Chapter 3 added by Stats. 2022, Ch. 71, Sec. 10. )

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    The Inspector General may investigate complaints, administer oaths, certify official acts, and issue subpoenas. It must keep an employee complainant’s identity confidential unless an exception applies, and retaliation against certain complainants is barred unless the complaint or disclosure was knowingly false or made with willful disregard for the truth.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 3. Responsibilities of the High-Speed Rail Authority Inspector General [187030 - 187038] ( Chapter 3 added by Stats. 2022, Ch. 71, Sec. 10. ) ## 187032. (a) In connection with duties authorized pursuant to this division, the Office of the Inspector General may do any of the following: (1) Administer oaths. (2) Certify to all official acts. (3) Receive and investigate complaints or information from any person concerning the existence of an activity constituting a violation of laws, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. Once a complaint or information has been received from an employee of the High-Speed Rail Authority or one of its contractors: (A) The Inspector General shall not disclose the identity of the employee without the consent of the employee, unless the Inspector General determines that the disclosure is unavoidable during the course of the investigation or the disclosure is made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken. (B) No action constituting a reprisal, or threat of reprisal, for making the complaint or providing the information may be taken by any employee of the High-Speed Rail Authority or one of its contractors in a position to take those actions, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (4) Issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, or documents in any medium, or for the making of oral or written sworn statements, in any interview conducted pursuant to duties authorized by this division. (b) Any subpoena issued under this division extends as process to all parts of the state and may be served by any person authorized to serve process of courts of record or by any person designated for that purpose by the office. The person serving this process may receive compensation as is allowed by the office, not to exceed the fees prescribed by law for similar service. (Amended by Stats. 2024, Ch. 53, Sec. 10. (AB 173) Effective July 2, 2024.)
  54. 187034.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 3. Responsibilities of the High-Speed Rail Authority Inspector General [187030 - 187038] ( Chapter 3 added by Stats. 2022, Ch. 71, Sec. 10. )

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    The Inspector General may access, examine, and copy certain High-Speed Rail Authority records and property, and the Authority must include these access provisions in specified contracts and amendments.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 3. Responsibilities of the High-Speed Rail Authority Inspector General [187030 - 187038] ( Chapter 3 added by Stats. 2022, Ch. 71, Sec. 10. ) ## 187034. (a) Notwithstanding any other law, the Inspector General during regular business hours or at any other time determined necessary by the Inspector General shall have access to and authority to examine and reproduce any and all books, accounts, reports, vouchers, correspondence, files, documents, and other records, and to examine the bank accounts, money, or other property of the High-Speed Rail Authority in connection with duties authorized by this division. Any officer or employee of any agency or entity having these records or property in their possession or under their control shall permit access to, and examination and reproduction thereof consistent with the provisions of this division, upon the request of the Inspector General or the Inspector General’s authorized representative. (b) The High-Speed Rail Authority shall ensure that the right-of-access provisions described in subdivision (a) are included in all of its contracts or amendments executed on or after July 1, 2024, in which project funds will be expended. (Amended by Stats. 2024, Ch. 53, Sec. 11. (AB 173) Effective July 2, 2024.)
  55. 187036.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 3. Responsibilities of the High-Speed Rail Authority Inspector General [187030 - 187038] ( Chapter 3 added by Stats. 2022, Ch. 71, Sec. 10. )

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    The Inspector General, staff, former staff, and several related people or entities must not disclose protected records, documents, or information unless the law expressly permits it.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 3. Responsibilities of the High-Speed Rail Authority Inspector General [187030 - 187038] ( Chapter 3 added by Stats. 2022, Ch. 71, Sec. 10. ) ## 187036. It is a misdemeanor for the Inspector General or any employee or former employee of the Inspector General to divulge or make known in any manner not expressly permitted by law to any person not employed by the Inspector General any particulars of any record, document, or information the disclosure of which is restricted by law from release to the public. This prohibition is also applicable to any person who has been furnished a draft copy of any report for comment or review or any person or business entity that is contracting with or has contracted with the Inspector General and to the employees and former employees of that person or business entity or the employees of any state agency or public entity that has assisted the Inspector General in connection with duties authorized by this division. (Added by Stats. 2022, Ch. 71, Sec. 10. (SB 198) Effective June 30, 2022.)
  56. 187038.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 3. Responsibilities of the High-Speed Rail Authority Inspector General [187030 - 187038] ( Chapter 3 added by Stats. 2022, Ch. 71, Sec. 10. )

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    The Inspector General must report findings at least annually, maintain a list of findings and progress, and post the list on the office website.

    ## Public Utilities Code - PUC ## DIVISION 19.7. High-Speed Rail Authority Office of the Inspector General [187000 - 187038] ( Division 19.7 added by Stats. 2022, Ch. 71, Sec. 10. ) ## CHAPTER 3. Responsibilities of the High-Speed Rail Authority Inspector General [187030 - 187038] ( Chapter 3 added by Stats. 2022, Ch. 71, Sec. 10. ) ## 187038. (a) Notwithstanding Section 10231.5 of the Government Code, the Inspector General shall report at least annually to the Legislature and the Governor a summary of its findings, positive and negative, of any reviews, investigations, or audits conducted pursuant to this division, when the High-Speed Rail Authority provides statutorily required documents to the Legislature, and upon request of the Legislature or Governor. The summary shall be posted on the office’s internet website and otherwise made available to the public upon its release to the Legislature and the Governor. The summary shall include, but not be limited to, significant problems discovered by the office, and whether previous recommendations the office has made have been implemented. (b) Notwithstanding Section 10231.5 of the Government Code, the Inspector General shall report annually to the Legislature and the Governor on findings related to the High-Speed Rail Authority’s planning and delivery of the project. This report shall include updates on the High-Speed Rail Authority’s efforts to remedy any identified findings, and whether any identified findings have been addressed. (c) The Inspector General shall maintain a list of identified findings, and the status of the High-Speed Rail Authority’s efforts to address them, and shall post that list on the office’s internet website. (d) Reports to be submitted to the Legislature pursuant to subdivisions (a) and (b) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2022, Ch. 71, Sec. 10. (SB 198) Effective June 30, 2022.)
  57. 19.

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

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    This section defines “city” to include a city and county and an incorporated town, but not an unincorporated town or village.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 19. “City” includes city and county and “incorporated town,” but does not include “unincorporated town” or “village.” (Enacted by Stats. 1951, Ch. 764.)
  58. 1901.

    ## 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. )

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    Certified copies of official documents and orders filed with the commission count as evidence like the originals.

    ## 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. ) ## 1901. Copies of all official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the executive director or an assistant executive director under the official seal of the commission to be true copies of the originals, shall be evidence in like manner as the originals. (Amended by Stats. 1981, Ch. 714, Sec. 386.)
  59. 1902.

    ## 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. )

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    Commission orders, authorizations, and certificates covered by specified Public Utilities Code sections must be in writing and recorded by 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. ) ## 1902. Every order, authorization, or certificate issued or approved by the commission under the following provisions of this part shall be in writing and entered on the records of the commission: (a) Sections 764 to 767, inclusive. (b) Sections 816 to 829, inclusive. (c) Sections 851 to 853, inclusive. (d) Sections 1001 to 1010, inclusive. (e) Sections 1201 to 1220, inclusive. Any order, authorization, or certificate, or a copy thereof, or a copy of the record thereof, certified by a commissioner or by the executive director or the assistant executive director under the official seal of the commission to be a true copy of the original, may be recorded in the office of the recorder of any county, or city and county, in which is located the principal place of business of any public utility affected thereby, or in which is situated any property of any such public utility, and that record is public notice. A certificate under the seal of the commission that any order, authorization, or certificate has not been modified, stayed, suspended, or revoked may also be recorded in the same offices in the same manner and with like effect. (Amended by Stats. 1981, Ch. 714, Sec. 387.)
  60. 1903.

    ## 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. )

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    The commission must set the fees for copies, including certified copies, of its papers, records, and documents.

    ## 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. ) ## 1903. The commission shall fix the fees to be charged for the making and furnishing of copies, including certified copies, of papers, records, and documents of the commission. These charges shall as nearly as practicable reflect the costs of furnishing the materials and providing the service. (Repealed and added by Stats. 1985, Ch. 1088, Sec. 4.)
  61. 1904.

    ## 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. )

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    The commission must charge and collect specified fees, and it may adjust one fee based on the Consumer Price Index.

    ## 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. ) ## 1904. The commission shall also charge and collect the following fees: (a) Except as otherwise provided in Section 1036 for filing each application for a certificate of public convenience and necessity, or for the mortgage, lease, transfer, or assignment thereof, five hundred dollars ($500). The commission may adjust this fee based on the Consumer Price Index. (b) For a certificate authorizing an issue of bonds, notes, or other evidences of indebtedness, two dollars ($2) for each one thousand dollars ($1,000) of the face value of the authorized issue or fraction thereof up to one million dollars ($1,000,000), one dollar ($1) for each one thousand dollars ($1,000) over one million dollars ($1,000,000) and up to ten million dollars ($10,000,000), and fifty cents ($0.50) for each one thousand dollars ($1,000) over ten million dollars ($10,000,000), with a minimum fee in any case of fifty dollars ($50). No fee need be paid on such portion of any such issue as may be used to guarantee, take over, refund, discharge, or retire any stock, bond, note, or other evidence of indebtedness on which a fee has theretofore been paid to the commission. If the commission modified the amount of the issue requested in any case and the applicant thereupon elects not to avail itself of the commission’s authorization, no fee shall be paid, and if such fee is paid prior to the issuance of such certificate by the commission, such fee shall be returned. (Amended by Stats. 2015, Ch. 237, Sec. 1. (SB 631) Effective January 1, 2016.)
  62. 1904.1.

    ## 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. )

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    The commission must charge and collect a fee for a stock-issuance certificate, but no fee is due for certain refinanced portions of the issue and fees paid before a certificate issues must be refunded if the applicant declines the modified authorization.

    ## 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. ) ## 1904.1. The commission shall also charge and collect a fee for a certificate authorizing an issue of stock, which fee shall be computed at the rates set forth in subdivision (b) of Section 1904 and determined by the commission upon the basis of the proposed maximum proceeds. No fee shall be paid on such portion of any such issue as may be used to guarantee, take over, refund, discharge, or retire any stock, bond, note, or other evidence of indebtedness on which a fee has theretofore been paid to the commission. If the commission modifies the amount of the issue requested in any case and the applicant thereupon elects not to avail itself of the commission’s authorization, no fee shall be paid, and if such fee is paid prior to the issuance of such certificate by the commission, such fee shall be refunded. (Amended by Stats. 1970, Ch. 519.)
  63. 1904.2.

    ## 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. )

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    For certain applicants with federally or out-of-state regulated security issues, fees are not charged on the part of bond, note, debt, or stock proceeds above the proportion tied to the applicant’s in-state gross operating revenues.

    ## 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. ) ## 1904.2. (a) In every case in which an applicant’s security issues are subject to the jurisdiction of the Federal Energy Regulatory Commission pursuant to Section 204 of the Federal Power Act (49 Stat. 850, 16 U.S.C. 824c) or the applicant is an electrical or gas corporation whose security issues are subject to the jurisdiction of a public utilities regulatory agency of another state, no fees shall be charged and collected pursuant to subdivision (b) of Section 1904 and pursuant to Section 1904.1 for any face value of the bonds, notes, or other evidences of indebtedness, or the proposed maximum proceeds of stock, as the case may be, which exceeds the face value or maximum proceeds bearing the same proportion to the total face value or maximum proceeds as the gross operating revenues of the applicant derived from operations within the state bear to all of the applicant’s gross operating revenues. (b) As used in this section, “gross operating revenues” means such revenues as are shown on the accounts of the applicant as of the close of the calendar year immediately preceding the issuance by the commission of the certificate for which fees are charged and collected pursuant to subdivision (b) of Section 1904 or pursuant to Section 1904.1. (Amended by Stats. 1979, Ch. 373.)
  64. 1905.

    ## 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. )

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    No fees may be charged or collected for certain copies and reports, but the commission may set reasonable charges for publications it issues under its authority.

    ## 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 10. Official Documents and Fees [1901 - 1905] ( Chapter 10 enacted by Stats. 1951, Ch. 764. ) ## 1905. No fees shall be charged or collected for copies of papers, records, or official documents, furnished to public officers for use in their official capacity, or for the annual reports of the commission in the ordinary course of distribution, but the commission may fix reasonable charges for publications issued under its authority. (Amended by Stats. 1961, Ch. 213.)
  65. 2.

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

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    This section says the code’s provisions that are substantially the same as existing statutes on the same subject should be treated as restatements and continuations, not as new laws.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 2. The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments. (Enacted by Stats. 1951, Ch. 764.)
  66. 20.

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

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    This section defines “Commission,” “commissioner,” and “Energy Commission.”

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 20. (a) “Commission” means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and “commissioner” means a member of the commission. (b) “Energy Commission” means the State Energy Resources Conservation and Development Commission. (Amended by Stats. 2008, Ch. 558, Sec. 7. Effective January 1, 2009.)
  67. 20.5.

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

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    This section defines “recycled water” or “reclaimed water” for this code by linking it to the Water Code definition.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 20.5. For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050 of the Water Code. (Added by Stats. 1995, Ch. 28, Sec. 9.5. Effective January 1, 1996.)
  68. 201.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    This section says Part 1 may be cited as the “Public Utilities Act.”

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 201. This part may be cited as the “Public Utilities Act.” (Enacted by Stats. 1951, Ch. 764.)
  69. 202.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    This section limits the part’s application to foreign and interstate commerce, but allows the commission to set reasonable, uniform, nondiscriminatory rules for certain passenger stage corporations operating in interstate commerce.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 202. Neither this part nor any provision thereof, except when specifically so stated, shall apply to commerce with foreign nations or to interstate commerce, except insofar as such application is permitted under the Constitution and laws of the United States; but with reference to passenger stage corporations operating in interstate commerce between any point within this State and any point in any other state or in any foreign nation, the commission may prescribe such reasonable, uniform and nondiscriminatory rules in the interest and aid of public health, security, convenience, and general welfare as, in its opinion, are required by public convenience and necessity. (Amended by Stats. 1963, Ch. 2148.)
  70. 203.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    This section says the chapter’s definitions and general provisions control how this part is interpreted, unless the context requires 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 203. Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this part. (Enacted by Stats. 1951, Ch. 764.)
  71. 204.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    This section defines “corporation” to include a corporation, a company, an association, and a joint stock association.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 204. “Corporation” includes a corporation, a company, an association, and a joint stock association. (Enacted by Stats. 1951, Ch. 764.)
  72. 205.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    This section defines “person” to include an individual, a firm, and a copartnership.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 205. “Person” includes an individual, a firm, and a copartnership. (Enacted by Stats. 1951, Ch. 764.)
  73. 206.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    This section defines “person” and “corporation” to include certain lessees, trustees, and court-appointed receivers or trustees.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 206. As used in this chapter “person” and “corporation” include the lessees, trustees, receivers or trustees appointed by any court whatsoever, of the person or corporation. (Enacted by Stats. 1951, Ch. 764.)
  74. 207.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    This section defines “public or any portion thereof” to include the public generally, any limited portion of the public, and certain entities such as a person, private corporation, municipality, or other political subdivision of the State when service is performed for them or a commodity is delivered to 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 207. “Public or any portion thereof” means the public generally, or any limited portion of the public, including a person, private corporation, municipality, or other political subdivision of the State, for which the service is performed or to which the commodity is delivered. (Enacted by Stats. 1951, Ch. 764.)
  75. 208.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    “Transportation of persons” is defined broadly to include related services and the receipt, carriage, and delivery of the person and their baggage.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 208. “Transportation of persons” includes every service in connection with or incidental to the safety, comfort, or convenience of the person transported and the receipt, carriage, and delivery of such person and his baggage. (Enacted by Stats. 1951, Ch. 764.)
  76. 209.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    This section defines “transportation of property” broadly to include services connected with moving property, plus specific related activities like storage, handling, and credit transmission by express corporations.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 209. “Transportation of property” includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, switching, carriage, ventilation, refrigeration, icing, dunnage, storage, and handling, and the transmission of credit by express corporations. (Enacted by Stats. 1951, Ch. 764.)
  77. 21.

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

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    If one part of the code is held invalid, the rest of the code still applies.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 21. If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1951, Ch. 764.)
  78. 210.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    “Rates” includes rates, fares, tolls, rentals, and charges unless the context indicates 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 210. “Rates” includes rates, fares, tolls, rentals, and charges, unless the context indicates otherwise. (Enacted by Stats. 1951, Ch. 764.)
  79. 2100.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    If the commission finds a common carrier undercharged passengers or shippers, it must require collection of the undercharges and may fine the carrier an amount equal to those undercharges.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2100. Whenever the commission, after a hearing, finds that any common carrier, other than a railroad corporation, has charged, collected, or received a lesser compensation for the transportation of persons or property, or for any service in connection therewith, than the applicable rates, fares, and charges specified in its tariff schedules filed and in effect at the time, or that the carrier has refunded or remitted in any manner or by any device any portion of the rates, fares, or charges so specified without an order of the commission so authorizing, or charged, collected, or received a lesser compensation than that established by the commission under subdivision (b) of Section 493, the commission shall require the carrier to collect the undercharges involved and may impose upon the carrier a fine equal to the amount of the undercharges. These fines shall be deposited in the General Fund. The remedy and penalty provided by this section shall be cumulative and shall not be a bar to or affect any other remedy or penalty provided for in this part, or to the exercise by the commission of its power to punish for contempt. (Amended by Stats. 1985, Ch. 1369, Sec. 7.)
  80. 21001.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

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    This section says Part 1 may be cited as the “State Aeronautics Act.”

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21001. This part may be cited as the “State Aeronautics Act.” (Amended by Stats. 1961, Ch. 2071.)
  81. 21002.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

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    This section states the purposes of the aviation part of the code, including promoting safety, uniform rules, airport development, and cooperation with federal and local bodies.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21002. The purpose of this part is to further and protect the public interest in aeronautics and aeronautical progress by the following means: (a) Encouraging the development of private flying and the general use of air transportation. (b) Fostering and promoting safety in aeronautics. (c) Effecting uniformity of the laws and regulations relating to aeronautics consistent with federal aeronautics laws and regulations. (d) Granting to a state agency powers, and imposing upon it duties, so that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property, assist in the development of a statewide system of airports, encourage the flow of private capital into aviation facilities, and cooperate with and assist political subdivisions and others engaged in aeronautics in the development and encouragement of aeronautics. (e) Establishing only those regulations which are essential and clearly within the scope of the authority granted by the Legislature, in order that persons may engage in every phase of aeronautics with the least possible restriction consistent with the safety and the rights of others. (f) Providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state. (g) Assuring that persons residing in the vicinity of airports are protected to the greatest possible extent against intrusions by unreasonable levels of aircraft noise. (h) Fostering and promoting the development of a stable and efficient regional air carrier system to provide access for small and rural communities to the national air transportation system consistent with federal policies favoring deregulation. (i) Developing, in cooperation with the private sector, airport management, local jurisdictions, federal authorities, and the general public, informational programs to increase the understanding of current air transportation issues including, but not limited to, aviation safety, planning, airport noise, airport development and management, and the role of aviation in the economic development of the state, as an integral part of the state’s transportation system. (j) Sponsoring or cosponsoring, with representatives of the aerospace and aviation industry, aviation educational and informational seminars which meet the needs of pilots and other members of the industry for current information on aviation safety, planning, and airport development and management. (Amended by Stats. 1984, Ch. 850, Sec. 1.)
  82. 21003.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

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    This chapter’s definitions and general provisions control how this part is interpreted, unless the context requires otherwise.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21003. Unless the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this part. (Added by Stats. 1953, Ch. 151.)
  83. 21004.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

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    The acquisition, planning, construction, maintenance, and operation of airports and air navigation facilities are declared public and governmental functions for a public purpose.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21004. The acquisition of any land or interest therein pursuant to this part, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports and air navigation facilities, whether by the state separately or jointly with any political subdivision, and the exercise of any other powers granted to the department by this part are public and governmental functions, exercised for a public purpose, and are matters of public necessity. All land and other property and privileges acquired and used by or on behalf of the state pursuant to this part are acquired and used for public and governmental purposes as a matter of public necessity. (Amended by Stats. 1969, Ch. 138.)
  84. 21005.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

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    This section says the part does not limit the state’s or a political subdivision’s power to regulate airport hazards through zoning.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21005. This part shall not be construed as limiting any power of the state or a political subdivision to regulate airport hazards by zoning. (Amended by Stats. 1975, Ch. 1052.)
  85. 21006.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

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    The department must adopt rules and regulations for temporary helicopter use of landing sites, and may promulgate reasonable public-safety rules for helicopter operations in populated areas.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21006. This chapter or any other law shall not be construed as prohibiting, restricting, or permitting the prohibition of the operation or landing in populated areas of helicopters and similar aircraft capable of approximately vertical ascent and descent, subject to such reasonable rules affecting the public safety as the department may promulgate. The department shall adopt rules and regulations, effective January 1, 1989, for the conditions under which helicopters may make temporary use of a landing site. (Amended by Stats. 1987, Ch. 1215, Sec. 1.)
  86. 21006.5.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    This section defines “Department” as the Department of Transportation.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21006.5. “Department” means the Department of Transportation. (Amended by Stats. 1972, Ch. 1253.)
  87. 21007.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    This section says that certain aeronautics-related terms in other laws mean the Department of Transportation.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21007. Whenever the term “California Aeronautics Commission,” “Division of Aeronautics,” or “Department of Aeronautics” is used in any other law, it means the Department of Transportation. (Amended by Stats. 1980, Ch. 725, Sec. 4.)
  88. 21008.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    “Director” means the Director of Transportation, and references to the Director of Aeronautics are treated as references to the Director of Transportation.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21008. “Director” means the Director of Transportation. Any reference in any law or regulation to the Director of Aeronautics shall be deemed to refer to the Director of Transportation. (Amended by Stats. 1972, Ch. 1253.)
  89. 21008.3.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    “Division” means the Division of Aeronautics in the department.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21008.3. “Division” means the Division of Aeronautics in the department. (Added by Stats. 1989, Ch. 1149, Sec. 1.)
  90. 21008.5.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    “Commission” means the California Transportation Commission.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21008.5. “Commission” means the California Transportation Commission. (Amended by Stats. 1980, Ch. 725, Sec. 5.)
  91. 21009.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    This section defines “person” broadly to include many types of individuals and business or representative entities.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21009. “Person” means any individual, firm, partnership, corporation, limited liability company, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative. (Amended by Stats. 1994, Ch. 1010, Sec. 220. Effective January 1, 1995.)
  92. 2101.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission must enforce public-utility laws and constitutional provisions, prosecute violations, recover penalties owed to the State, and may sue in the State’s name.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2101. The commission shall see that the provisions of the Constitution and statutes of this State affecting public utilities, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed, and that violations thereof are promptly prosecuted and penalties due the State therefor recovered and collected, and to this end it may sue in the name of the people of the State of California. Upon the request of the commission, the Attorney General or the district attorney of the proper county or city and county shall aid in any investigation, hearing, or trial had under the provisions of this part, and shall institute and prosecute actions or proceedings for the enforcement of the provisions of the Constitution and statutes of this State affecting public utilities and for the punishment of all violations thereof. (Enacted by Stats. 1951, Ch. 764.)
  93. 21010.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    “Political subdivision” is defined to include counties, cities, city and counties, public corporations, districts, and other political entities or public corporations of the state.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21010. “Political subdivision” means any county, city, city and county, public corporation, district or other political entity or public corporation of this State. (Added by Stats. 1953, Ch. 151.)
  94. 21011.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    This section defines “aeronautics.”

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21011. “Aeronautics” means: (a) The science and art of flight, including transportation by aircraft. (b) The operation, construction, repair, or maintenance of aircraft and aircraft power plants and accessories, including the repair, packing, and maintenance of parachutes. (c) The design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports or other air navigation facilities. (Added by Stats. 1953, Ch. 151.)
  95. 21012.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    This section defines “aircraft” and excludes certain balloons and ultralight vehicles from that definition for this part.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21012. “Aircraft” means any manned contrivance used or designed for navigation of, or flight in, the air requiring certification and registration as prescribed by federal statute or regulation. Notwithstanding the foregoing provisions of this section, manned lighter-than-air balloons and ultralight vehicles as defined in the regulations of the Federal Aviation Administration (14 C.F.R. Part 103), whether or not certificated by the Federal Aviation Administration, shall not be considered to be aircraft for purposes of this part. (Amended by Stats. 1984, Ch. 12, Sec. 1. Effective February 22, 1984.)
  96. 21013.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    This section defines “airport” for the chapter.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21013. “Airport” means any area of land or water which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights of way, and all airport buildings and facilities located thereon. (Added by Stats. 1953, Ch. 151.)
  97. 21014.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    This section defines “air navigation facility.”

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21014. “Air navigation facility” means any facility, other than facilities owned or operated by the United States, used, or available or designed for use, in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other facilities used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport. (Added by Stats. 1953, Ch. 151.)
  98. 21015.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    This section defines “operation of aircraft” or “operate aircraft” as using, navigating, or piloting aircraft in the airspace over the state or at any airport within the state.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21015. “Operation of aircraft” or “operate aircraft” means the use, navigation, or piloting of aircraft in the air space over this State or upon any airport within this State. (Added by Stats. 1953, Ch. 151.)
  99. 21016.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    This section defines who counts as an “Airman” and lists three exclusions.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21016. “Airman” means any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way, and any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances, and any individual who serves in the capacity of aircraft dispatcher, or air traffic control-tower operator. “Airman” does not include any individual employed outside the United States, or any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by him. (Added by Stats. 1953, Ch. 151.)
  100. 21017.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    This section defines “airport hazard.”

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21017. “Airport hazard” means any structure, object of natural growth, or use of land, which obstructs the air space required for flight of aircraft in landing or taking off at an airport or which is otherwise hazardous to the landing or taking off. (Added by Stats. 1953, Ch. 151.)
  101. 21018.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    “Airway” means a route in this state’s navigable air space over land or water that is designated by proper authority for air navigation.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21018. “Airway” means a route in the navigable air space over the land or waters of this State, designated by proper authority as a route suitable for air navigation. (Added by Stats. 1953, Ch. 151.)
  102. 21019.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    A person who violates this part, except Sections 21407.1 and 21709, or rules and orders issued under it, may be fined, jailed, or both.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21019. A person who violates this part, other than Section 21407.1 or Section 21709, or any of the rules or orders issued under this part, is punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment of not more than six months, or by both that fine and imprisonment. (Amended by Stats. 2017, Ch. 258, Sec. 1. (AB 295) Effective January 1, 2018.)
  103. 2102.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    If the commission thinks a public utility is violating or about to violate the law or a commission order, it must direct its attorney to start court action for mandamus or injunction.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2102. Whenever the commission is of the opinion that any public utility is failing or omitting or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, direction, or requirement of the commission, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, in violation of law or of any order, decision, rule, direction, or requirement of the commission, it shall direct the attorney of the commission to commence an action or proceeding in the superior court in and for the county, or city and county, in which the cause or some part thereof arose, or in which the corporation complained of has its principal place of business, or in which the person complained of resides, for the purpose of having such violations or threatened violations stopped and prevented, either by mandamus or injunction. The attorney of the commission shall thereupon begin such action or proceeding in the name of the people of the State of California, by petition to such superior court, alleging the violation or threatened violation complained of, and praying for appropriate relief by way of mandamus or injunction. (Enacted by Stats. 1951, Ch. 764.)
  104. 21020.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. )

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    “Land” is defined to include tide and submerged lands, and other lands held in public trust for commerce, navigation, or fisheries.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 1. General Provisions and Definitions [21001 - 21020] ( Chapter 1 added by Stats. 1953, Ch. 151. ) ## 21020. “Land” includes tide and submerged lands or other lands subject to the public trust for commerce, navigation, or fisheries. (Added by Stats. 2001, Ch. 534, Sec. 3. Effective January 1, 2002.)
  105. 2103.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    After a petition under Section 2102 is filed, the court must set a response time of no more than 20 days after service, and the public utility must answer within that time.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2103. Upon the filing of a petition pursuant to Section 2102, the court shall specify a time, not exceeding 20 days after the service of the copy of the petition, within which the public utility complained of shall answer the petition, and in the meantime the public utility may be restrained. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances of the case. Such corporations or persons as the court deems necessary or proper to be joined as parties, in order to make its judgment, order or writ effective, may be joined as parties. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the petition, or in such modified or other form as will afford appropriate relief. An appeal may be taken to the Supreme Court from such final judgment in the same manner and with the same effect, subject to the provisions of this part, as appeals are taken from judgments of the superior court in other actions for mandamus or injunction. (Enacted by Stats. 1951, Ch. 764.)
  106. 2104.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    This section says penalty-recovery actions must be handled by the commission’s attorney or agent, and the commission may use injunctions and creditor-style remedies to collect unpaid fines and 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2104. (a) Except as provided by Sections 2100 and 2107.5, actions to recover penalties under this part shall be brought in the name of the people of the State of California, in the superior court in and for the county, or city and county, in which the cause or some part thereof arose, or in which the corporation complained of has its principal place of business, or in which the person complained of resides. The action shall be commenced and prosecuted to final judgment by the attorney or agent of the commission. All fines and penalties may be sued for and recovered. The commission may enjoin the sale of a public utility’s or common carrier’s assets to satisfy unpaid fines and penalties. The commission may use any of the remedies afforded to a creditor under the Uniform Voidable Transactions Act (Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 of the Civil Code). Respondents who fraudulently transfer assets to avoid paying commission-imposed fines or penalties are subject to prosecution under Sections 154, 531, and 531a of the Penal Code. In all of these actions, the procedure and rules of evidence shall be the same as in ordinary civil actions, except for prosecutions under the Penal Code or as otherwise herein provided. All fines and penalties recovered by the state in any action, together with the costs thereof, shall be paid into the State Treasury to the credit of the General Fund. Any action may be compromised or discontinued on application of the commission upon the terms the court approves and orders. (b) This section shall become operative on January 1, 2014. (Amended by Stats. 2015, Ch. 44, Sec. 28. (SB 161) Effective January 1, 2016.)
  107. 2104.5.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    The commission may compromise certain safety-related penalties, and those penalties may be recovered in civil court. Any recovered money must be paid into the State Treasury for the General Fund.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2104.5. Any penalty for violation of any provision of this act, or of any rule, regulation, general order, or order of the commission, involving safety standards for pipeline facilities or the transportation of gas in the State of California may be compromised by the commission. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of any such penalty, when finally determined, or the amount agreed upon in compromise, may be recovered in a civil action in the name of the People of the State of California in the superior court in and for the county, or city and county in which the cause or some part thereof arose, or in which the corporation complained of has its principal place of business or the person complained of resides. In any such action, all penalties incurred, or amounts agreed upon in compromise for violations committed up to the time of commencing the action may be sued for and recovered. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil actions, except as otherwise herein provided. All fines and penalties recovered by the state in any such action, together with the costs thereof, shall be paid into the State Treasury to the credit of the General Fund. (Added by Stats. 1970, Ch. 520.)
  108. 2104.7.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    Money collected from specified Aliso Canyon-related settlements, orders, fines, or penalties must be deposited into the Aliso Canyon Recovery Account, and money in that account may be allocated only after legislative appropriation for specified mitigation purposes.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2104.7. (a) Notwithstanding Section 2104, all moneys collected pursuant to any settlements, unless restricted by a court for another purpose, abatement orders, fines, or penalties by the commission from a gas corporation serving the Los Angeles Basin pursuant to an administrative enforcement or legal proceeding relating to the well failure at the Aliso Canyon natural gas storage facility first reported to the commission in October 2015 shall be deposited in the Aliso Canyon Recovery Account, which is hereby created in the State Treasury. Moneys in the account may be allocated, upon appropriation by the Legislature, for purposes of mitigating impacts on local air quality, public health, and ratepayers resulting from the well failure at Aliso Canyon, including evaluation of any negative effects on public health and enhancing the cost-effectiveness and feasibility of implementing Sections 380.6 and 2836.7. (b) For purposes of this section, “Los Angeles Basin” means the area identified as the “Aliso Canyon Delivery Area” on page 11 of the Aliso Canyon Risk Assessment Technical Report, dated April 5, 2016. (Added by Stats. 2017, Ch. 814, Sec. 2. (SB 801) Effective January 1, 2018.)
  109. 2105.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    Penalties under this part are cumulative, and collecting one penalty does not block collecting other penalties, forfeitures, criminal prosecutions, or contempt punishment.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2105. All penalties accruing under this part shall be cumulative, and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public utility, or any officer, director, agent, or employee thereof, or any other corporation or person, or to the exercise by the commission of its power to punish for contempt. (Enacted by Stats. 1951, Ch. 764.)
  110. 2106.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    A public utility that violates required or prohibited legal or commission rules can be liable for resulting losses, damages, or injury, and wilful conduct can support exemplary damages.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2106. Any public utility which does, causes to be done, or permits any act, matter, or thing prohibited or declared unlawful, or which omits to do any act, matter, or thing required to be done, either by the Constitution, any law of this State, or any order or decision of the commission, shall be liable to the persons or corporations affected thereby for all loss, damages, or injury caused thereby or resulting therefrom. If the court finds that the act or omission was wilful, it may, in addition to the actual damages, award exemplary damages. An action to recover for such loss, damage, or injury may be brought in any court of competent jurisdiction by any corporation or person. No recovery as provided in this section shall in any manner affect a recovery by the State of the penalties provided in this part or the exercise by the commission of its power to punish for contempt. (Enacted by Stats. 1951, Ch. 764.)
  111. 2107.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    A public utility that violates specified constitutional, statutory, or commission requirements can be fined $500 to $100,000 per offense, unless another penalty already applies.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2107. Any public utility that violates or fails to comply with any provision of the Constitution of this state or of this part, or that fails or neglects to comply with any part or provision of any order, decision, decree, rule, direction, demand, or requirement of the commission, in a case in which a penalty has not otherwise been provided, is subject to a penalty of not less than five hundred dollars ($500), nor more than one hundred thousand dollars ($100,000), for each offense. (Amended by Stats. 2018, Ch. 626, Sec. 37. (SB 901) Effective January 1, 2019.)
  112. 2107.5.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    After a hearing, the commission may fine a person or corporation that knowingly aids a common carrier’s violation of Section 458 or violates Section 459 or related orders, rules, or requirements.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2107.5. When the commission finds, after hearing, that any person or corporation has knowingly aided or abetted a common carrier in violating Section 458 or has violated Section 459, or any order, decision, rule, regulation, direction, demand, or requirement issued under those provisions, the commission may impose a fine for each violation not to exceed five thousand dollars ($5,000). In addition to the fine, the commission may impose interest on the fine, not to exceed the maximum rate of interest provided for in Section 1 of Article XV of the Constitution. Interest shall commence to accrue on the date when the payment of the fine becomes delinquent. (Amended by Stats. 1996, Ch. 1042, Sec. 25. Effective September 29, 1996.)
  113. 2108.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    A corporation or person that violates this part or a commission order, decision, decree, rule, direction, demand, or requirement commits a separate offense, and each day a violation continues is also a separate offense.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2108. Every violation of the provisions of this part or of any part of any order, decision, decree, rule, direction, demand, or requirement of the commission, by any corporation or person is a separate and distinct offense, and in case of a continuing violation each day’s continuance thereof shall be a separate and distinct offense. (Enacted by Stats. 1951, Ch. 764.)
  114. 2109.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    For penalty purposes, an officer’s, agent’s, or employee’s act or omission can be treated as the public utility’s act or omission when done within official duties or employment.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2109. In construing and enforcing the provisions of this part relating to penalties, the act, omission, or failure of any officer, agent, or employee of any public utility, acting within the scope of his official duties or employment, shall in every case be the act, omission, or failure of such public utility. (Enacted by Stats. 1951, Ch. 764.)
  115. 211.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    This section defines “common carrier” as a person or corporation providing transportation for compensation to or for the public, unless another part of the code provides 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 211. “Common carrier” means every person and corporation providing transportation for compensation to or for the public or any portion thereof, except as otherwise provided in this part. “Common carrier” includes: (a) Every railroad corporation; street railroad corporation; dispatch, sleeping car, dining car, drawing-room car, freight, freightline, refrigerator, oil, stock, fruit, car-loaning, car-renting, car-loading, and every other car corporation or person operating for compensation within this state. (b) Every corporation or person, owning, controlling, operating, or managing any vessel used in the transportation of persons or property for compensation between points upon the inland waters of this state or upon the high seas between points within this state, except as provided in Section 212. “Inland waters” as used in this section includes all navigable waters within this state other than the high seas. (c) Every “passenger stage corporation” operating within this state. (Amended by Stats. 1996, Ch. 1042, Sec. 3. Effective September 29, 1996.)
  116. 2110.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    Public utilities and their officers, agents, or employees must comply with California Constitution provisions, Part 1, and commission orders or requirements, and violations can be misdemeanors.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2110. Every public utility and every officer, agent, or employee of any public utility, who violates or fails to comply with, or who procures, aids, or abets any violation by any public utility of any provision of the California Constitution or of this part, or who fails to comply with any part of any order, decision, rule, direction, demand, or requirement of the commission, or who procures, aids, or abets any public utility in the violation or noncompliance in a case in which a penalty has not otherwise been provided, is guilty of a misdemeanor and is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both fine and imprisonment. (Amended by Stats. 2012, Ch. 464, Sec. 2. (AB 861) Effective January 1, 2013.)
  117. 2111.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    Certain corporations and people can be fined if they knowingly violate public-utilities laws or commission orders, or help others do so.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2111. Every corporation or person, other than a public utility and its officers, agents, or employees, which or who knowingly violates or fails to comply with, or procures, aids or abets any violation of any provision of the California Constitution relating to public utilities or of this part, or fails to comply with any part of any order, decision, rule, direction, demand, or requirement of the commission, or who procures, aids, or abets any public utility in the violation or noncompliance, in a case in which a penalty has not otherwise been provided for the corporation or person, is subject to a penalty of not less than five hundred dollars ($500), nor more than fifty thousand dollars ($50,000) for each offense. (Amended by Stats. 2012, Ch. 464, Sec. 3. (AB 861) Effective January 1, 2013.)
  118. 2112.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    A person who violates this part or fails to follow a commission order, or helps a public utility do so, can be guilty of a misdemeanor.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2112. Every person who, either individually, or acting as an officer, agent, or employee of a corporation other than a public utility, violates any provision of this part, or fails to comply with any part of any order, decision, rule, direction, demand, or requirement of the commission, or who procures, aids, or abets any public utility in such violation or noncompliance, in a case in which a penalty has not otherwise been provided for such person, is guilty of a misdemeanor, and is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment. (Enacted by Stats. 1951, Ch. 764.)
  119. 2112.5.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    A person who willfully violates Section 588 commits a misdemeanor and faces a fine of $500 to $2,000 for each offense.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2112.5. Notwithstanding any other provision of law, any person who willfully violates the provisions of Section 588 is guilty of a misdemeanor, subject to a penalty of not less than five hundred dollars ($500), nor more than two thousand dollars ($2,000), for each offense. (Added by Stats. 1994, Ch. 112, Sec. 2. Effective January 1, 1995.)
  120. 2113.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    If a public utility, corporation, or person disobeys a commission or commissioner order or rule, the commission may punish it for contempt.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2113. Every public utility, corporation, or person which fails to comply with any part of any order, decision, rule, regulation, direction, demand, or requirement of the commission or any commissioner is in contempt of the commission, and is punishable by the commission for contempt in the same manner and to the same extent as contempt is punished by courts of record. The remedy prescribed in this section does not bar or affect any other remedy prescribed in this part, but is cumulative and in addition thereto. (Enacted by Stats. 1951, Ch. 764.)
  121. 2114.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    A public utility is subject to felony and a fine up to $500,000 if it causes or uses a willfully false material statement made under oath or under penalty of perjury.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2114. Any public utility on whose behalf any agent or officer thereof who, having taken an oath that he will testify, declare, depose or certify truly before the commission, willfully and contrary to such oath states or submits as true any material matter which he knows to be false, or who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he knows to be false, is guilty of a felony and shall be punished by a fine not to exceed five hundred thousand dollars ($500,000). (Added by Stats. 1975, Ch. 1264.)
  122. 2115.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    If the commission finds that a railroad corporation violated an order about car or track safety or condition, the commission may fine the corporation and may also charge interest on delinquent fines.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2115. Whenever the commission determines that a railroad corporation has violated any order of the commission concerning the adequacy, condition, or safety of the corporation’s cars or tracks or any related fixture or appliance, the commission may impose upon the corporation a fine of not exceeding two thousand dollars ($2,000) for each violation or a fine of not exceeding two hundred dollars ($200) for each day that a violation continues uncorrected. The commission may assess interest upon any fine imposed, which shall commence upon the day the payment of the fine is delinquent. (Added by Stats. 1982, Ch. 618, Sec. 2.)
  123. 2117.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    If a written notice to appear is mailed to the owner of a passenger stage, a filed duplicate notice can be treated as a complaint, and the defendant may plead guilty to it.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2117. (a) Whenever a written notice to appear has been mailed to the owner of a passenger stage, an exact and legible duplicate copy of the notice, when filed with the magistrate in lieu of a verified complaint, is a complaint to which the defendant may plead guilty. (b) If, however, the defendant fails to appear, does not deposit bail, or pleads other than guilty to the offense charged, a complaint shall be filed which conforms to Chapter 2 (commencing with Section 948) of Title 5 of Part 2 of the Penal Code and which shall be deemed to be an original complaint, and thereafter the proceeding shall be held as provided by law, except that the defendant may, by an agreement in writing, subscribed by the defendant and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear. (Amended by Stats. 1996, Ch. 1042, Sec. 26. Effective September 29, 1996.)
  124. 2119.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

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    Passenger stage corporations and their officers, directors, agents, and employees must not display unauthorized vehicle identifying symbols or fail to remove symbols when the commission requires removal.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2119. Every passenger stage corporation and every officer, director, agent, or employee of a passenger stage corporation, who displays on any vehicle any identifying symbol other than one prescribed by the commission pursuant to Section 1038.5, or who fails to remove an identifying symbol when required by the commission, is guilty of a misdemeanor and is punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in the county jail for not more than one year, or by both. (Amended by Stats. 1996, Ch. 1042, Sec. 27. Effective September 29, 1996.)
  125. 212.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section says certain transportation-related people and businesses are not treated as “common carriers,” and it says the section became operative on July 1, 2018.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 212. (a) “Common carrier” shall not include: (1) Any corporation or person owning, controlling, operating, or managing any vessel, by reason of the furnishing of water transportation service between points upon the inland waters of this state or upon the high seas between points within this state for affiliated or parent or subsidiary companies or for the products of other corporations or persons engaged in the same industry, if the water transportation service is furnished in tank vessels or barges specially constructed to hold liquids or fluids in bulk and if the service is not furnished to others not engaged in the same industry. (2) Any corporation or person who operates any vessel for the transportation of persons for compensation, between points in this state if one terminus of every trip operated by the corporation or person is within the boundaries of a United States military reservation and is performed under a contract with an agency of the federal government which specifies the terms of service to be provided; and provided that the corporation or person does not perform any service between termini within this state which are outside of a United States military reservation. For the purposes of this subdivision, the conditions of this exemption shall be reviewed by the Public Utilities Commission annually as of the first day of January of each year. (3) Any corporation or person owning, controlling, operating, or managing any recreational conveyance such as a ski lift, ski tow, J-bar, T-bar, chair lift, aerial tramway, or other device or equipment used primarily while participating in winter sports activities. (4) Any corporation or person furnishing or otherwise providing transportation by horse, mule, or other equine animal for entertainment or recreational purposes. (5) Any motor carrier of property, as defined in Section 34601 of the Vehicle Code. (6) A household mover, as defined in Section 19225.5 of the Business and Professions Code. (b) This section shall become operative on July 1, 2018. (Repealed (in Sec. 10) and added by Stats. 2017, Ch. 421, Sec. 11. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.)
  126. 2120.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may not spend or use certain moneys until it has notified the Director of Finance in writing and the Director has given at least 60 days’ written notice to specified legislative budget officials.

    ## 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 11. Violations [2100 - 2120] ( Chapter 11 enacted by Stats. 1951, Ch. 764. ) ## 2120. (a) The commission shall not distribute, expend, or encumber any moneys received by the commission as a result of any commission proceeding or judicial action, including the compromise or settlement of a claim, until both of the following are true: (1) The commission has provided the Director of Finance with written notification of the receipt of the moneys and the basis for those moneys being received by the commission. (2) The Director of Finance provides not less than 60 days’ written notice to the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the appropriate budget subcommittees of the Senate and Assembly of the receipt of the moneys and the basis for those moneys being received by the commission. (b) This section does not apply to application or licensing fees charged by the commission to defray regulatory expenses. (c) This section does not apply to moneys received by the commission in a court-approved settlement or as a result of a court judgment where the court orders that the moneys be used for specified purposes. (d) This section does not apply to moneys received by the commission where statutes expressly provide how the moneys are to be paid or used, including all of the following: (1) Payment to any fund created by Chapter 1.5 (commencing with Section 270). (2) Payment to any account or fund pursuant to Chapter 2.5 (commencing with Section 401). (3) Payment to the Ratepayer Relief Fund pursuant to Article 9.5 (commencing with Section 16428.1) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code. (Amended by Stats. 2014, Ch. 71, Sec. 154. (SB 1304) Effective January 1, 2015.)
  127. 21204.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 1. Department of Transportation [21204 - 21207] ( Heading of Article 1 amended by Stats. 1975, Ch. 1052. )

    Verify source ↗

    The department may adopt, administer, and enforce rules and regulations for administering this part.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 1. Department of Transportation [21204 - 21207] ( Heading of Article 1 amended by Stats. 1975, Ch. 1052. ) ## 21204. The department may adopt, administer, and enforce rules and regulations for the administration of this part. (Amended by Stats. 1975, Ch. 1052.)
  128. 21206.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 1. Department of Transportation [21204 - 21207] ( Heading of Article 1 amended by Stats. 1975, Ch. 1052. )

    Verify source ↗

    The department must prepare a budget statement for the next fiscal year, and the Director of Finance must approve budget changes.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 1. Department of Transportation [21204 - 21207] ( Heading of Article 1 amended by Stats. 1975, Ch. 1052. ) ## 21206. The department shall prepare a statement of all estimated revenues of the Aeronautics Account in the State Transportation Fund and revenues available for local subventions from any other sources for the next succeeding fiscal year, together with a statement of proposed expenditures to be made to local agencies and the University of California during the next succeeding fiscal year, or obligations to be incurred in connection therewith. The statement shall be included in the printed fiscal year budget submitted to the Legislature. Insofar as the matters to which it pertains, it shall constitute as submitted the budget submitted to the Department of Finance pursuant to Section 13320 of the Government Code, and, as to such matters, shall be administered by the Department of Finance as the fiscal year budget of the Department of Transportation under the provisions of this section and of Article 2 (commencing with Section 13320) of Chapter 3 of Part 3 of Division 3 of Title 2 of the Government Code. Any changes or modifications in the budget described in this section shall be approved by the Director of Finance. In the event, during an annual period, the budgetary amount approved and allocated for any purpose exceeds the amount actually necessary therefor, with a resultant available surplus, such surplus may be allocated to any other purpose or supplemental project upon the written approval of the Director of Finance. In administering the budget, the Director of Finance shall not limit expenditures or incurrence of obligations thereunder to quarterly, semiannual, or other periods of the fiscal year. (Amended by Stats. 1980, Ch. 725, Sec. 6.)
  129. 21207.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 1. Department of Transportation [21204 - 21207] ( Heading of Article 1 amended by Stats. 1975, Ch. 1052. )

    Verify source ↗

    If an airport-owning political subdivision carries out a noise mitigation project, the department must reimburse eligible costs once funding is available, subject to approval and funding limits.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 1. Department of Transportation [21204 - 21207] ( Heading of Article 1 amended by Stats. 1975, Ch. 1052. ) ## 21207. Whenever a political subdivision owning and operating an airport constructs or implements a noise mitigation project at the airport, including, but not limited to, the installation of noise monitoring equipment at any time after the project has been included within the aeronautics program in the state transportation improvement program and prior to funding of the project, the department shall, when funding for the project becomes available, reimburse the political subdivision for the eligible costs of the project, without interest, not to exceed the amount of the funds made available to the department or the political subdivision’s actual eligible costs, whichever is lower. Reimbursement under this section shall be made only if the political subdivision completes the project to the standards approved by the department including, but not limited to, bidding and contracting procedures and the project is approved by the commission. This section does not apply to any project for which state funding is not specifically made available. (Added by Stats. 1986, Ch. 901, Sec. 1.)
  130. 21215.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 1.5. State Aeronautics Board [21215 - 21216] ( Article 1.5 repealed and added by Stats. 1977, Ch. 1106. )

    Verify source ↗

    The State Aeronautics Board is abolished, and the California Transportation Commission takes over its duties, powers, and property.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 1.5. State Aeronautics Board [21215 - 21216] ( Article 1.5 repealed and added by Stats. 1977, Ch. 1106. ) ## 21215. (a) The State Aeronautics Board is hereby abolished, and the California Transportation Commission succeeds to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction vested in the State Aeronautics Board. (b) Any reference in any law or regulation to the State Aeronautics Board shall be deemed to refer to the California Transportation Commission. (c) The California Transportation Commission shall have the possession and control of all licenses, permits, leases, agreements, contracts, orders, claims, judgments, records, papers, equipment, supplies, bonds, moneys, funds, appropriations, buildings, land and other property, real or personal, held for the benefit, use, or obligation of the State Aeronautics Board. (Repealed and added by Stats. 1977, Ch. 1106.)
  131. 21216.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 1.5. State Aeronautics Board [21215 - 21216] ( Article 1.5 repealed and added by Stats. 1977, Ch. 1106. )

    Verify source ↗

    An injured or aggrieved person or entity may appeal Department of Transportation aeronautics actions to the California Transportation Commission, except when another specified hearing process applies.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 1.5. State Aeronautics Board [21215 - 21216] ( Article 1.5 repealed and added by Stats. 1977, Ch. 1106. ) ## 21216. Any person or entity injured or aggrieved by any procedure or action of the department with respect to aeronautics may appeal to the California Transportation Commission for relief, and the decision of the commission as to such matter shall, after hearing thereon, be conclusive, subject to such review as may be otherwise provided by law. This section shall not apply to any procedure or action for which a hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code is specified in this part as the means for reviewing or finalizing the procedure or action. (Amended by Stats. 1979, Ch. 511.)
  132. 21240.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The state recognizes federal authority over aircraft operation and airways, and the department may not regulate aircraft safety factors or airways use. The state keeps power to regulate intrastate air carrier rates.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21240. This state recognizes the authority of the federal government to regulate the operation of aircraft and to control the use of the airways, and nothing in this act shall be construed to give the department the power to so regulate and control safety factors in the operation of aircraft or to control use of the airways. This section does not affect the state’s power to regulate the intrastate rates of common carriers by air, and such power is hereby reserved to the state. (Amended by Stats. 1969, Ch. 138.)
  133. 21241.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department must support aeronautics development in the state and may work with political subdivisions on that effort.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21241. The department shall encourage, foster, and assist in the development of aeronautics in this state and encourage the establishment of airports and air navigation facilities. It shall cooperate with and assist the federal government, political subdivisions of this state, and others in the development of aeronautics, and shall seek to coordinate their aeronautical activities. Political subdivisions may cooperate with the department in the development of aeronautics and aeronautics facilities in this state. (Amended by Stats. 1969, Ch. 138.)
  134. 21242.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may draft legislation, represent the state in aeronautical matters, take part in related controversies, and help local agencies enforce civil air regulations.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21242. The department may: (a) Draft and recommend necessary legislation to advance the interest of the state in aeronautics. (b) Represent the state in aeronautical matters before federal and other agencies. (c) Participate as plaintiff or defendant or as intervenor on behalf of the state or any political subdivision or citizen in any controversy which involves the interest of the state in aeronautics. (d) Assist political subdivisions and their law enforcement agencies in becoming acquainted with and enforcing the civil air regulations. (Amended by Stats. 1969, Ch. 138.)
  135. 21243.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may make and amend aeronautics rules and standards, and may classify airports into reasonable groups by their facilities and aircraft-handling capacity.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21243. The department may make and amend general or special rules, regulations, and procedures and establish minimum standards, consistent with and clearly within the scope of federal legislation governing aeronautics and the rules, regulations, and standards issued thereunder. The department may, by regulation, classify airports into several reasonable classes or groups according to their facilities and the types and number of aircraft which they are capable of handling and may make and amend rules, regulations, and procedures and establish minimum standards for each separate class or group. (Amended by Stats. 1969, Ch. 138.)
  136. 21244.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may make temporary aviation rules and minimum standards after public hearings, but must submit them to the Legislature and they cannot stay in effect for more than 90 days after that session ends.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21244. For the purpose of protecting and insuring the general public interest and safety and the safety of persons operating, using, or traveling in aircraft and developing aeronautics in this state, and after appropriate public hearings, the department may make and amend temporary general or special rules and procedures and establish temporary minimum standards consistent with this part as it deems necessary to administer this part. The department shall draft these temporary rules, procedures, and standards in the form of proposed aviation law and shall submit them to the next general session of the Legislature. These temporary rules, procedures, and standards shall not remain in effect beyond 90 days after the final adjournment of that session of the Legislature. (Amended by Stats. 1969, Ch. 138.)
  137. 21245.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department must keep copies of all its rules on file with the Secretary of State and at its principal office for public inspection.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21245. The department shall keep on file with the Secretary of State, and at its principal office, a copy of all its rules for public inspection. (Amended by Stats. 1969, Ch. 138.)
  138. 21246.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department must publish and generally distribute its orders, rules, and procedures that have general effect.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21246. The department shall provide for the publication and general distribution of all its orders, rules, and procedures having general effect. (Amended by Stats. 1969, Ch. 138.)
  139. 21247.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may make necessary contracts, and it must follow state contract laws for contracts it makes as agent of the state or a political subdivision. If airport or air-navigation work is financed with federal money, it may let contracts under the federal authorities’ rules.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21247. The department may enter into any contracts necessary to the execution of its powers under this part. All contracts made by the department, either as the agent of the state or as the agent of any political subdivision, shall be made pursuant to the laws of the state governing the making of like contracts. Where the planning, acquisition, construction, improvement, maintenance, or operation of any airport or air navigation facility is financed wholly or partially with federal money the department, as agent of the state or of any political subdivision, may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any rules made thereunder. (Amended by Stats. 1969, Ch. 138.)
  140. 21248.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may exercise its powers jointly with specified public entities and the United States.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21248. The department may exercise any of its powers under this part jointly with any political subdivision, state agency, other states or their political subdivisions, or the United States. (Amended by Stats. 1969, Ch. 138.)
  141. 21249.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may hold joint hearings with any federal agency on matters under this part or related to the sound development of aeronautics.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21249. The department may confer or hold joint hearings with any federal agency in connection with any matter arising under this part or relating to the sound development of aeronautics. (Amended by Stats. 1969, Ch. 138.)
  142. 21250.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may use federal agencies’ cooperation and resources, and it must cooperate with federal agencies by providing its own services, records, and facilities when practicable.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21250. The department may avail itself of the cooperation, services, records, and facilities of the federal agencies in the administration and enforcement of this part. It shall cooperate with and make available to the federal agencies, its services, records, and facilities, insofar as practicable. (Amended by Stats. 1969, Ch. 138.)
  143. 21251.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may use facilities and services from other state agencies and political subdivisions when administering this part, and those agencies must make them available.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21251. In administering this part the department may use the facilities and services of other state agencies and political subdivisions to the utmost extent possible. These agencies and political subdivisions shall make available to the department their facilities and services. (Amended by Stats. 1969, Ch. 138.)
  144. 21252.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    Certain transportation and law-enforcement officials may enforce aeronautics laws, make warrantless arrests in specified cases, and serve processes and notices statewide.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21252. (a) (1) The department, its members, the director, officers and employees of the department, and every state and peace officer charged with the enforcement of state and subordinate laws or ordinances, may enforce and assist in the enforcement of this part, the rules and orders issued under this part, and all other laws of this state relating to aeronautics. In the enforcement of these rules, orders, and laws, the director, and any officers and employees as the director may designate, shall have the authority, as public officers, to arrest without a warrant, any person who, in his presence, has violated, or as to whom there is probable cause to believe has violated, any of the rules, orders, or laws. (2) In any case in which an arrest authorized by this subdivision is made for an offense declared to be a misdemeanor, and the person arrested does not demand to be taken before a magistrate, the arresting officer may, instead of taking that person before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. The provisions of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a citation pursuant to this authority. (b) There shall not be civil liability on the part of, and a cause of action shall not arise against, any person, acting pursuant to subdivision (a) and within the scope of his authority, for false arrest or false imprisonment arising out of any arrest that is lawful or for which the arresting officer, at the time of the arrest, had reasonable cause to believe was lawful. The officer shall not be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. (c) The director, and any officers and employees as the director may designate, may serve all processes and notices throughout the state. (Amended by Stats. 2016, Ch. 86, Sec. 272. (SB 1171) Effective January 1, 2017.)
  145. 21253.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may enforce this part and related rules or orders in California courts by injunction or other legal process.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21253. In the name of the state, the department may enforce this part and rules and orders issued under this part by injunction or other legal process in the courts of this state. (Amended by Stats. 1969, Ch. 138.)
  146. 21254.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may report certain aeronautics violation proceedings and known penalties to appropriate federal agencies and agencies of other states.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21254. The department may report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violations of Section 21407, and Sections 21409 to 21412, inclusive, and all penalties of which it has knowledge imposed upon airmen or the owners or operators of aircraft for violations of the law of this state relating to aeronautics or for violations of the rules or orders of the department. (Amended by Stats. 1969, Ch. 138.)
  147. 21255.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may receive penalty reports and other data from federal and state agencies, make agreements about exchanging and using that information, and share the information with California courts and authorized enforcement officers.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21255. The department may receive reports of penalties and other data from agencies of the federal government and other states, and may enter into agreements with these agencies governing the delivery, receipt, exchange, and use of reports and data. The department may make the reports and data of these agencies and of the courts of this state available to any court of this state and to any officer of the state or of any political subdivision authorized to enforce the aeronautics laws by Section 21252. (Amended by Stats. 1969, Ch. 138.)
  148. 21256.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may handle certain money for aviation purposes, but federal money must be used under U.S.-prescribed terms and deposited in the Special Deposit Fund.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21256. The department may accept, receive, receipt for, disburse, and expend federal and other money, public or private, made available to accomplish in whole or in part any of the purposes of this part. All federal money accepted under this part shall be accepted and expended by the department upon the terms and conditions prescribed by the United States. In accepting federal money under this part, the department shall have the same authority to enter into contracts on behalf of the state as is granted to the department under Section 21603. The department shall deposit all money received under this section in the Special Deposit Fund in the State Treasury, to be disbursed or expended in accordance with the terms and conditions upon which it was made available. (Amended by Stats. 1969, Ch. 138.)
  149. 21257.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may own and operate aircraft, hire airmen and mechanics, and insure employees for aircraft-accident injuries or death, but only within available appropriations and for duties-related purposes.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21257. The department may own and operate aircraft for use in the furtherance of its duties, employ airmen and mechanics for proper operation and maintenance of the aircraft, and insure its employees against injury or death arising from aircraft accidents incurred in the performance of their assigned duties, within the limits of appropriations for these purposes. (Amended by Stats. 1969, Ch. 138.)
  150. 21258.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department must represent state and local agencies before the Civil Aeronautics Board and other federal agencies on matters tied to the Airline Deregulation Act of 1978 and the essential air service program, and must assist and cooperate on regional air carrier development.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 2. Department of Transportation and State Aeronautics Board [21204 - 21258] ( Heading of Chapter 2 amended by Stats. 1975, Ch. 1052. ) ## ARTICLE 2. Powers and Duties [21240 - 21258] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21258. The department shall represent the state and local agencies before the Civil Aeronautics Board and other federal agencies in all matters related to the Airline Deregulation Act of 1978 (P.L. 95-504, as amended) and the essential air service program created by that act. The department shall assist and cooperate with federal, state, and local agencies and private entities in the development of a stable and efficient regional air carrier system. (Added by Stats. 1982, Ch. 638, Sec. 2.)
  151. 214.5.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section defines “owner” for certain passenger-transport motor vehicles as the corporation or person registered with the DMV, or someone with a legal right to possess the vehicle under a lease or rental agreement.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 214.5. With respect to a motor vehicle used in the transportation of passengers for compensation by a passenger stage corporation, “owner” means the corporation or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to possession of the vehicle pursuant to a lease or rental agreement. (Amended by Stats. 1996, Ch. 1042, Sec. 7. Effective September 29, 1996.)
  152. 21401.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The state claims sovereignty over the space above its land and waters, except where the United States has been granted and assumed authority. Aircraft operation in that space is a privilege subject to state law.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21401. Sovereignty in the space above the land and waters of this state rests in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of the state. The operation of aircraft in such space is a privilege subject to the laws of this state. (Amended by Stats. 1968, Ch. 1452.)
  153. 21402.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    Surface owners hold the airspace above their land and waters, but that ownership is subject to the right of flight. Uses of airspace that would interfere with that flight right are not allowed, except that use of property within an original airport approach zone is not made unlawful just because that approach zone later changes.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21402. The ownership of the space above the land and waters of this State is vested in the several owners of the surface beneath, subject to the right of flight described in Section 21403. No use shall be made of such airspace which would interfere with such right of flight; provided, that any use of property in conformity with an original zone of approach of an airport shall not be rendered unlawful by reason of a change in such zone of approach. (Amended by Stats. 1957, Ch. 1651.)
  154. 21403.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    Aircraft can generally fly over the state, but low-altitude flight, unsafe flight, and certain landings on another person’s land or on public roads are unlawful unless an exception applies.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21403. (a) Flight in aircraft over the land and waters of this state is lawful, unless at altitudes below those prescribed by federal authority, or unless conducted so as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the land or waters of another, without his or her consent, is unlawful except in the case of a forced landing or pursuant to Section 21662.1. The owner, lessee, or operator of the aircraft is liable, as provided by law, for damages caused by a forced landing. (b) The landing, takeoff, or taxiing of an aircraft on a public freeway, highway, road, or street is unlawful except in the following cases: (1) A forced landing. (2) A landing during a natural disaster or other public emergency if the landing has received prior approval from the public agency having primary jurisdiction over traffic upon the freeway, highway, road, or street. (3) When the landing, takeoff, or taxiing has received prior approval from the public agency having primary jurisdiction over traffic upon the freeway, highway, road or street. The prosecution bears the burden of proving that none of the exceptions apply to the act which is alleged to be unlawful. (c) The right of flight in aircraft includes the right of safe access to public airports, which includes the right of flight within the zone of approach of any public airport without restriction or hazard. The zone of approach of an airport shall conform to the specifications of Part 77 of the Federal Aviation Regulations of the Federal Aviation Administration, Department of Transportation. (Amended by Stats. 1987, Ch. 1215, Sec. 3.)
  155. 21404.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    Aircraft owner liability for passenger injury, death, and property damage is measured by tort rules and can attach when a permitted user causes harm through a negligent or wrongful act or omission.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21404. Liability of the owner or pilot of an aircraft carrying passengers for injury or death to the passengers is determined by the rules of law applicable to torts on the land or waters of this state, arising out of similar relationships. Every owner of an aircraft is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the aircraft, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner. (Amended by Stats. 1973, Ch. 803.)
  156. 21404.1.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    This section caps certain aircraft-related liability amounts for owners, bailees, and personal representatives, and bars punitive damages for the operator’s punishment in some cases.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21404.1. (a) The liability of an owner, bailee of an owner, or personal representative of a decedent imposed by Section 21404 and not arising through the relationship of principal and agent or master and servant is limited to the amount of fifteen thousand dollars ($15,000) for the death of or injury to one person in any one accident and, subject to the limit as to one person, is limited to the amount of thirty thousand dollars ($30,000) for the death of or injury to more than one person in any one accident and is limited to the amount of five thousand dollars ($5,000) for damage to property of others in any one accident. (b) An owner, bailee of an owner, or personal representative of a decedent is not liable under this section for damages imposed for the sake of example and by way of punishing the operator of the aircraft. Nothing in this subdivision makes an owner, bailee of an owner, or personal representative immune from liability for damages imposed for the sake of example and by way of punishing him for his own wrongful conduct. (Added by Stats. 1968, Ch. 1458.)
  157. 21405.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    Aircraft-owner liability for collision damage is governed by the same rules that apply to torts on land.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21405. The liability of the owner of one aircraft to the owner of another aircraft, or to operators or passengers on either aircraft, for damage caused by collision on land or in the air, is determined by the rules of law applicable to torts on land. (Amended by Stats. 1975, Ch. 1052.)
  158. 21407.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    A person must not operate an aircraft carelessly or recklessly if that endangers another person’s life or property.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21407. It is unlawful for any person to operate an aircraft in the air, or on the ground or water in a careless or reckless manner so as to endanger the life or property of another. In any proceeding charging operation of aircraft in violation of this section, the court in determining whether the operation was careless or reckless shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics. (Amended by Stats. 1959, Ch. 1094.)
  159. 21407.1.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    A person must not operate an aircraft, or engage in parachuting for sport, while under the influence of alcohol or drugs. A person must also not operate an aircraft if their blood alcohol level is 0.04% or higher.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21407.1. (a) It is unlawful for any person, who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, to operate an aircraft in the air, or on the ground or water, or to engage in parachuting for sport. (b) No person shall operate an aircraft in the air or on the ground or water who has 0.04 percent or more, by weight, of alcohol in his or her blood. (Added by renumbering Section 21407.5 by Stats. 1987, Ch. 526, Sec. 1.)
  160. 21407.2.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

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    People who operate aircraft are treated as having consented to chemical testing in specified arrest or investigation situations, and officers must advise them of testing choices and consequences.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21407.2. (a) (1) (A) Any person who operates an aircraft in the air or on the ground or water is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for any offense allegedly committed in violation of Section 21407.1 or if the officer requests chemical testing as part of any investigation of a suspected violation of state or local law. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies. (B) Any person who operates an aircraft in the air or on the ground or water is deemed to have given his or her consent to chemical testing of his or her blood or urine for the purpose of determining the drug content of his or her blood, if lawfully arrested for any offense allegedly committed in violation of Section 21407.1 or if the officer requests chemical testing as part of an investigation of a suspected violation of state or local law. (C) The testing shall be administered at the direction of a peace officer having reasonable cause to believe the person was operating an aircraft in violation of Section 21407.1 under either of the following conditions: (i) The person is lawfully arrested. (ii) The officer requests the person to submit to chemical testing as part of an investigation of a suspected violation of state or local law. (D) The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing may result in prohibition from operating an aircraft for not more than one year and, if the person is convicted of a violation of Section 21407.1, a fine, imprisonment, prohibition from operating an aircraft for not more than one year, or any combination thereof. (2) (A) If the person is lawfully arrested for operating an aircraft under the influence of an alcoholic beverage, the person has the choice of whether the test shall be of his or her blood or breath, and the officer shall advise the person that he or she has that choice. If the person arrested either is incapable, or states that he or she is incapable, of completing the chosen test, the person shall submit to the remaining test. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies. (B) If the person is lawfully arrested for operating an aircraft under the influence of any drug or the combined influence of an alcoholic beverage and any drug, the person has the choice of whether the test shall be of his or her blood, breath, or urine, and the officer shall advise the person that he or she has that choice. (C) A person who chooses to submit to a breath test may also be requested to submit to a blood or urine test if the officer has reasonable cause to believe that the person was operating an aircraft under the influence of any drug or the combined influence of an alcoholic beverage and any drug and if the officer has a clear indication that a blood or urine test will reveal evidence of the person being under the influence. The officer shall state in his or her report the facts upon which that belief and that clear indication are based. If the person who is arrested is either incapable or states that he or she is incapable of completing a blood test, that person shall submit to and complete a urine test. If the person arrested either is incapable, or states that he or she is incapable, of completing either chosen test, the person shall submit to and complete the other remaining test. (3) If the person is lawfully arrested for an offense allegedly committed in violation of Section 21407.1 and, because of the need for medical treatment, the person is first transported to a medical facility where it is not feasible to administer a particular test of, or to obtain a particular sample of, the person’s blood, breath, or urine, the person has the choice of those tests which are available at the facility to which that person has been transported. In that event, the officer shall advise the person of those tests which are available at the medical facility and that the person’s choice is limited to those tests which are available. (4) The officer shall also advise the person that he or she does not have the right to have an attorney present before stating whether he or she will submit to a test or tests, before deciding which test or tests to take, or during administration of the test or tests chosen, and that, in the event of refusal to submit to a test or tests, the refusal may be used against him or her in a court of law. (5) Any person who is unconscious or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn his or her consent and a test or tests may be administered whether or not the person is told that his or her failure to submit to, or the noncompletion of, the test or tests may result in a fine, imprisonment, and prohibition from operating an aircraft for not more than one year. Any person who is dead is deemed not to have withdrawn his or her consent and a test or tests may be administered at the direction of a peace officer. (b) Any person who is afflicted with hemophilia is exempt from the blood test required by this section. (c) Any person who is afflicted with a heart condition and is using an anticoagulant under the direction of a licensed physician and surgeon is exempt from the blood test required by this section. (d) (1) A person lawfully arrested for any offense allegedly committed while the person was operating an aircraft in violation of Section 21407.1 may request the arresting officer to have a chemical test made of the arrested person’s blood or breath for the purpose of determining the alcoholic content of that person’s blood, and, if so requested, the arresting officer shall have the test performed. (2) If a blood or breath test is not available under subparagraph (A) of paragraph (1) of subdivision (a), or under subparagraph (A) of paragraph (2) of subdivision (a), or under paragraph (1) of this subdivision, the person shall submit to the remaining test in order to determine the percent, by weight, of alcohol in the person’s blood. If both the blood and breath tests are unavailable, the person shall be deemed to have given his or her consent to chemical testing of his or her urine and shall submit to a urine test. (Amended by Stats. 1998, Ch. 740, Sec. 2. Effective January 1, 1999.)
  161. 21407.6.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

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    A person convicted under Section 21407.1 faces jail, fines, or both; repeat convictions carry stricter penalties, and injury-causing conduct while operating an aircraft triggers a separate penalty range.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21407.6. (a) Any person convicted under Section 21407.1 shall be punished upon a first conviction by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) or by both that fine and imprisonment. Any person convicted under Section 21407.1 shall be punished upon a second or any subsequent conviction by imprisonment in the county jail for not less than five days nor more than one year and by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), without being granted probation by the court and without having the court suspend the execution of the sentence. (b) Any person convicted under Section 21407.1 and who, when so operating an aircraft, has done any act forbidden by law or neglects any duty imposed by law in the operation of the aircraft, which act or neglect proximately causes bodily injury to any person other than the operator shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in the county jail for not less than 90 days nor more than one year and by fine of not less than two hundred fifty dollars ($250) nor more than ten thousand dollars ($10,000). (Amended by Stats. 2011, Ch. 15, Sec. 564. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  162. 21408.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

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    The court may bar a violator from operating an aircraft in the state for up to one year, and the department must keep records of guilty pleas, convictions, and sentences.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21408. For any violation of Section 21407 or 21407.1, in addition to the penalties provided by Section 21019 or 21407.6, the court may prohibit the violator from operating an aircraft within the state for a period not exceeding one year. Violation of the prohibition of the court may be treated as a separate offense under this section or as a contempt of court. Upon a plea of guilty or conviction under Section 21407 or 21407.1, the department shall cause a record of the plea or conviction and of the sentence imposed to be maintained. This section does not authorize the court or any other agency or person to take away, impound, hold, or mark any federal certificate, permit, rating, or license. The peace officer requesting that a person submit to a chemical test of the blood, breath, or urine pursuant to Section 21407.2 shall report anyone refusing to submit to the chemical test to the Federal Aviation Administration for appropriate administrative action. (Amended by Stats. 1987, Ch. 526, Sec. 4.)
  163. 21409.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

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    A person may not act as an airman in the State unless they have a current U.S.-issued airman certificate, permit, rating, or license for the relevant class of aeronautics, when such credential is required by the United States.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21409. It is unlawful for any person to engage in aeronautics as an airman in the State unless he has an appropriate effective airman certificate, permit, rating, or license issued by the United States authorizing him to engage in the particular class of aeronautics in which he is engaged, if the certificate, permit, rating, or license is required by the United States. (Added by Stats. 1953, Ch. 151.)
  164. 21410.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

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    An airman must keep required U.S. certificates, permits, ratings, or licenses in personal possession while operating within the state, and must show them for inspection when asked by specified officials or on a reasonable request by another person.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21410. Every airman shall keep any certificate, permit, rating, or license required for him by the United States in his personal possession when he is operating within the state. He shall present it for inspection upon the demand of any peace officer, any other officer of the state or of a political subdivision, or member, official, or employee of the department, authorized by Section 21252 to enforce the aeronautics laws, or any official, manager, or person in charge of any airport upon which the airman lands, or upon the reasonable request of any other person. (Amended by Stats. 1969, Ch. 138.)
  165. 21411.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

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    A person may not operate, or cause or authorize the operation of, a civil aircraft in California unless the aircraft has the required effective U.S. certificate, permit, or license.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21411. It is unlawful for any person to operate, or cause or authorize to be operated, any civil aircraft within this State unless the aircraft has an appropriate effective certificate, permit, or license issued by the United States if required by the United States. (Added by Stats. 1953, Ch. 151.)
  166. 21412.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

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    An aircraft must carry any required U.S. certificate, permit, or license, keep it posted where passengers or inspectors can see it, and show it when asked by certain officials or any person making a reasonable request.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21412. Any certificate, permit, or license required by the United States for an aircraft shall be carried in the aircraft at all times while the aircraft is operating in the state, shall be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors, and shall be presented for inspection upon the demand of any peace officer, any other officer of the state or of a political subdivision, or member, official, or employee of the department, authorized by Section 21252 to enforce the aeronautics laws, or any official, manager, or person in charge of any airport upon which the aircraft lands, or upon the reasonable request of any person. (Amended by Stats. 1969, Ch. 138.)
  167. 21413.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

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    The department must report aeronautics accidents in California to the appropriate federal agency and, when practicable, protect aircraft parts from removal during an investigation until the federal agency begins its own investigation.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21413. The department shall report to the appropriate federal agency all accidents in aeronautics in this state of which it is informed, and shall, insofar as is practicable, preserve, protect, and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation. (Amended by Stats. 1969, Ch. 138.)
  168. 21415.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

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    A person may not be in or do work connected with the maintenance or operation of an aircraft while under the influence of intoxicating liquor.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21415. No person shall be in, or perform any act in connection with the maintenance or operation of, any aircraft when under the influence of intoxicating liquor. This section does not apply to a person who is in an aircraft merely as a passenger, but this section shall not be construed to relieve any such person of criminal liability imposed by any other law for being intoxicated while in an aircraft. (Added by Stats. 1959, Ch. 1639.)
  169. 21416.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. )

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    Commercial passenger aircraft must keep the door between the pilot and passenger compartments locked during flight over the state, with narrow exceptions. Only crew may possess a key or similar device for that door in the passenger compartment.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 3. Regulation of Aeronautics [21401 - 21416] ( Chapter 3 added by Stats. 1953, Ch. 151. ) ## 21416. On all commercial aircraft which transport passengers for compensation or hire the door which separates the pilot compartment from the passenger compartment shall be kept locked at all times the aircraft is in a flight over this state during which passengers are being transported except: (a) During takeoff and landing of the airplane when such door is the means of access to a required passenger emergency exit. (b) At such times as it may be necessary to provide access to the flight crew or passenger compartments for the crew members in the performance of their duties, or to provide access for other persons authorized admission to the flight crew compartment. The pilot of the aircraft shall be guilty of a misdemeanor if the door is not so locked. It shall be unlawful for any person, except a member of the crew, to have in his possession in the passenger compartment at any time the aircraft is in a flight over this state during which passengers are being transported a key or other device for opening such door from the passenger side of the door. (Added by Stats. 1965, Ch. 341.)
  170. 215.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    This section defines “between fixed termini or over a regular route” for passenger stage corporations.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 215. “Between fixed termini or over a regular route” means the termini or route between which, or over which any passenger stage corporation usually or ordinarily operates any passenger stage, even though there may be departures from the termini or route, whether these departures are periodic or irregular. (Amended by Stats. 1985, Ch. 1556, Sec. 1.)
  171. 215.6.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    This section defines “food products for human consumption” as articles used for human food or drink, including components of those articles.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 215.6. “Food products for human consumption” means articles used for human food or drink and articles used as components of any of those articles. (Added by Stats. 1990, Ch. 1685, Sec. 2.)
  172. 215.7.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    “Nonfood product” is defined as any article, material, substance, or product that is not food.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 215.7. “Nonfood product” means any article, material, substance, or product which is not food. (Added by Stats. 1990, Ch. 1685, Sec. 2.5.)
  173. 216.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    This section defines who counts as a public utility and lists several exceptions that do not, by themselves, make a person or company a public utility.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 216. (a) (1) “Public utility” includes every common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, and heat corporation, where the service is performed for, or the commodity is delivered to, the public or any portion thereof. (2) A provider of last resort, as defined in Section 387, that is providing service pursuant to Article 8.5 (commencing with Section 387) of Chapter 2.3 is a public utility subject to the jurisdiction, control, and regulation of the commission and the provisions of this part regarding providing that service. (b) Whenever any common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, or heat corporation performs a service for, or delivers a commodity to, the public or any portion thereof for which any compensation or payment whatsoever is received, that common carrier, toll bridge corporation, pipeline corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, sewer system corporation, or heat corporation, is a public utility subject to the jurisdiction, control, and regulation of the commission and the provisions of this part. (c) When any person or corporation performs any service for, or delivers any commodity to, any person, private corporation, municipality, or other political subdivision of the state, that in turn either directly or indirectly, mediately or immediately, performs that service for, or delivers that commodity to, the public or any portion thereof, that person or corporation is a public utility subject to the jurisdiction, control, and regulation of the commission and the provisions of this part. (d) Ownership or operation of a facility that employs cogeneration technology or produces power from other than a conventional power source or the ownership or operation of a facility which employs landfill gas technology does not make a corporation or person a public utility within the meaning of this section solely because of the ownership or operation of that facility. (e) Any corporation or person engaged directly or indirectly in developing, producing, transmitting, distributing, delivering, or selling any form of heat derived from geothermal or solar resources or from cogeneration technology to any privately owned or publicly owned public utility, or to the public or any portion thereof, is not a public utility within the meaning of this section solely by reason of engaging in any of those activities. (f) The ownership or operation of a facility that sells compressed natural gas or hydrogen at retail to the public for use only as a motor vehicle fuel, and the selling of compressed natural gas or hydrogen at retail from that facility to the public for use only as a motor vehicle fuel, does not make the corporation or person a public utility within the meaning of this section solely because of that ownership, operation, or sale. (g) Ownership or operation of a facility that is an exempt wholesale generator, as defined in the Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)), does not make a corporation or person a public utility within the meaning of this section, solely due to the ownership or operation of that facility. (h) The ownership, control, operation, or management of an electric plant used for direct transactions or participation directly or indirectly in direct transactions, as permitted by subdivision (b) of Section 365, sales into a market established and operated by the Independent System Operator or any other wholesale electricity market, or the use or sale as permitted under subdivisions (b) to (d), inclusive, of Section 218, shall not make a corporation or person a public utility within the meaning of this section solely because of that ownership, participation, or sale. (i) The ownership, control, operation, or management of a facility that supplies electricity to the public only for use to charge light duty plug-in electric vehicles does not make the corporation or person a public utility within the meaning of this section solely because of that ownership, control, operation, or management. For purposes of this subdivision, “light duty plug-in electric vehicles” includes light duty battery electric and plug-in hybrid electric vehicles. This subdivision does not affect the commission’s authority under Section 454 or 740.2 or any other applicable statute. (Amended by Stats. 2020, Ch. 370, Sec. 245. (SB 1371) Effective January 1, 2021.)
  174. 216.2.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

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    A motor carrier of property is not included in “public utility” for this section.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 216.2. Notwithstanding Section 216, “public utility” does not include a motor carrier of property. (Added by renumbering Section 216.5 by Stats. 2006, Ch. 198, Sec. 7. Effective January 1, 2007.)
  175. 216.4.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section defines “Cable television corporation” as a corporation or firm that transmits television programs by cable to subscribers for a fee.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 216.4. “Cable television corporation” shall mean any corporation or firm which transmits television programs by cable to subscribers for a fee. (Added by renumbering Section 215.5 by Stats. 2006, Ch. 198, Sec. 6. Effective January 1, 2007.)
  176. 216.6.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Cogeneration means using energy in sequence to produce electrical and useful thermal energy, and facilities must meet specified output standards.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 216.6. “Cogeneration” means the sequential use of energy for the production of electrical and useful thermal energy. The sequence can be thermal use followed by power production or the reverse, subject to the following standards: (a) At least 5 percent of the facility’s total annual energy output shall be in the form of useful thermal energy. (b) Where useful thermal energy follows power production, the useful annual power output plus one-half the useful annual thermal energy output equals not less than 42.5 percent of any natural gas and oil energy input. (Added by renumbering Section 218.5 by Stats. 2006, Ch. 198, Sec. 9. Effective January 1, 2007.)
  177. 216.8.

    ## 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section defines “commercial mobile radio 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 1. General Provisions and Definitions [201 - 248] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## 216.8. “Commercial mobile radio service” means “commercial mobile service,” as defined in subsection (d) of Section 332 of Title 47 of the United States Code and as further specified by the Federal Communications Commission in Parts 20, 22, 24, and 25 of Title 47 of the Code of Federal Regulations, and includes “mobile data service,” “mobile paging service,” “mobile satellite telephone service,” and “mobile telephony service,” as those terms are defined in Section 224.4. (Added by Stats. 2006, Ch. 198, Sec. 8. Effective January 1, 2007.)
  178. 21601.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 1. Assistance to Political Subdivisions [21601 - 21605] ( Article 1 added by Stats. 1953, Ch. 151. )

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    The department may provide engineering and other technical services for airports or air navigation facilities, with or without charge, to political subdivisions or people who want them.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 1. Assistance to Political Subdivisions [21601 - 21605] ( Article 1 added by Stats. 1953, Ch. 151. ) ## 21601. The department may make available its engineering and other technical services, with or without charge, to any political subdivision or person desiring them in connection with the planning, acquisition, construction, improvement, maintenance, or operation of airports or air navigation facilities, subject to rules promulgated by the department. (Amended by Stats. 1969, Ch. 138.)
  179. 21602.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 1. Assistance to Political Subdivisions [21601 - 21605] ( Article 1 added by Stats. 1953, Ch. 151. )

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    The department may provide airport grants or loans to political subdivisions, and the section sets conditions for certain grants, subaccounts, deposits, and minimum fund levels.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 1. Assistance to Political Subdivisions [21601 - 21605] ( Article 1 added by Stats. 1953, Ch. 151. ) ## 21602. (a) Subject to the terms and within the limits of special appropriations made by the Legislature, the department may render financial assistance by grant or loan, or both, to political subdivisions jointly, in the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled, or to be owned or controlled, by a political subdivision or subdivisions, if the financial assistance has been shown by public hearing to be appropriate to the proper development or maintenance of a statewide system of airports. Financial assistance may be furnished in connection with federal or other financial aid for the same purpose. (b) Notwithstanding subdivision (a) of Section 21681, a city or county designated by the Airport Land Use Commission is eligible to compete for funds held in the Aeronautics Account in the State Transportation Fund on behalf of any privately owned, public use airport that is included in an airport land use compatibility plan. However, the city or county shall be eligible to compete for the funds only when zoning on the parcel is tantamount to a taking of all reasonable uses that might otherwise be permitted on the parcel. The eligible airport and aviation purposes are limited to those specified in paragraphs (4), (5), (6), (9), and (14) of subdivision (f) of Section 21681, and, further, any capital improvements or acquisitions shall become the property of the designated city or county. Matching funds pursuant to subdivision (a) of Section 21684 may include the in-kind contribution of real property, with the approval of the department. (c) Any grant of funds held in the Aeronautics Account in the State Transportation Fund on behalf of any privately owned airports shall contain a covenant that the airport remain open for public use for 20 years. Any grant made to a city or county on behalf of a privately owned airport shall contain a payback provision based upon existing market value at the time the private airport ceases to be open for public use. (d) Upon request, California Aid to Airports Program (CAAP) projects included within the adopted Aeronautics Program, may be funded in advance of the year programmed, with the concurrence of the department, in order to better utilize funds in the account. (e) There is, in the Aeronautics Account in the State Transportation Fund, a subaccount, the Local Airport Loan Account, for the management of funds for loans to local entities pursuant to this chapter. All funds for airport loans in the Special Deposit Fund are hereby transferred to the subaccount. With the approval of the Department of Finance, the department shall deposit in the subaccount all money received by the department from repayments of, and interest on, existing and future airport loans, including, but not limited to, the sums of five hundred forty thousand dollars ($540,000) in repayments from the General Fund due in July 1987, and July 1988, and may, upon appropriation, transfer additional funds from the Aeronautics Account in the State Transportation Fund to the subaccount as the department deems appropriate. Interest on money in the subaccount shall be credited to the subaccount as it accrues. (f) (1) Notwithstanding subdivision (a) of Section 13340 of the Government Code, the money in the subaccount created by subdivision (e) is hereby continuously appropriated to the department without regard to fiscal years for purposes of loans to political subdivisions for airport purposes. (2) Upon a determination by the department that the balance in the subaccount exceeds projected needs, funds in the subaccount may be transferred by the department to the Aeronautics Account to fund the California Aid to Airports Program with the approval of the California Transportation Commission and the Department of Finance. The transfers shall not reduce the amount of funds in the subaccount below five million dollars ($5,000,000). (Amended by Stats. 2014, Ch. 27, Sec. 1. (SB 853) Effective June 20, 2014.)
  180. 21603.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 1. Assistance to Political Subdivisions [21601 - 21605] ( Article 1 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may act as agent for political subdivisions to handle and contract for money and work related to public airports or air navigation facilities, and received funds must be deposited and used under the stated terms.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 1. Assistance to Political Subdivisions [21601 - 21605] ( Article 1 added by Stats. 1953, Ch. 151. ) ## 21603. Upon the request of any political subdivision or political subdivisions acting jointly, the department may act as agent in accepting, receiving, receipting for, and disbursing federal money, and other money public or private, made available to finance, in whole or in part, the planning, acquisition, construction, improvement, maintenance, or operation of a public airport or air navigation facility. The department may act as agent in contracting for and supervising the planning, acquisition, construction, improvement, maintenance, or operation. Any political subdivision may designate the department as its agent for these purposes. The department as principal on behalf of the state, and any political subdivision on its own behalf, may enter into any contracts with each other, the United States, or any person, which may be required in connection with a grant or loan of federal money for public airport or air navigation facility purposes. All federal money accepted under this section shall be accepted and transferred or expended by the department upon such terms and conditions as are prescribed by the United States. All money received by the department pursuant to this section shall be deposited in the Special Deposit Fund in the State Treasury, to be disbursed or expended in accordance with the terms and conditions upon which it was made available. (Amended by Stats. 1969, Ch. 138.)
  181. 21605.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 1. Assistance to Political Subdivisions [21601 - 21605] ( Article 1 added by Stats. 1953, Ch. 151. )

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    A public airport owner that received public funds must give the department written notice 60 days before closing the airport, or closing a runway or taxiway, unless the closure is only temporary for inspection, maintenance, construction, or emergency purposes.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 1. Assistance to Political Subdivisions [21601 - 21605] ( Article 1 added by Stats. 1953, Ch. 151. ) ## 21605. No proprietor of any permitted airport which is open to the public and has received public funds shall close or suspend operation of the airport, or close an existing runway or taxiway except on a temporary basis for inspection, maintenance, construction, or emergency purposes, without notifying the department in writing 60 days prior to the intended closure or suspension of operations. On its own motion or upon the request of an affected or interested person, the department may conduct a public hearing to determine the impact of the intended closure or suspension of operations, both economically and on the entire state air transportation system. The department may take appropriate action to assist the proprietor in keeping the airport operational and open for public use. (Amended by Stats. 1988, Ch. 707, Sec. 2.)
  182. 21631.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. )

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    The department may use available funds to plan, build, improve, maintain, operate, regulate, and protect airports and air navigation facilities.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21631. From appropriations or other money made available for the purpose, the department, on behalf of and in the name of the state, may plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and air navigation facilities, either within or without the state, including the construction, installation, equipment, maintenance, and operation at the airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers. (Amended by Stats. 1969, Ch. 138.)
  183. 21632.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. )

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    The department may acquire existing airports and air navigation facilities, but it cannot acquire a politically owned or controlled airport without the political subdivision’s consent. The department also has several evaluation, reporting, and recommendation duties tied to airport use changes.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21632. (a) The department may also acquire existing airports and air navigation facilities, but it shall not acquire any airport or air navigation facility owned or controlled by a political subdivision of this or any other state without the consent of the political subdivision. (b) Whenever an airport owned or operated by the United States in this state ceases to be so owned or operated, the department, in consultation with local and regional transportation planning agencies, may evaluate the present and future need for the airport in the state’s public-use airport system, including the need for both the transportation of people and goods. The purpose of the evaluation is to determine aviation needs and does not eliminate any requirement of the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code. (c) Prior to finalizing the evaluation, the department shall submit a copy of its report to the commission for review and comment. The commission shall complete its review and forward any comments to the department not later than 45 days after receiving the evaluation. (d) Upon completion of its evaluation, the department may make a recommendation to the Legislature, the commission, the affected local agencies, and the appropriate federal agency for the airport’s ownership and type of operation as a public-use airport, if the department determines that the airport would be of significant benefit to the state’s airport system. It is the intent of the Legislature that the department, in making its recommendation, give priority for ownership and operation of these public-use airports to a local political subdivision or subdivisions acting jointly. (e) Notwithstanding Section 21606, if a political subdivision or subdivisions acting jointly notify the department of their intentions to prepare a reuse plan for the airport, and simultaneously apply to the Federal Aviation Administration for a federal grant to develop an airport master plan for the airport, the department shall not make its recommendation pursuant to subdivision (d). If the department’s evaluation determines that the airport would be of significant benefit to the state’s airport system, and the political subdivision or subdivisions acting jointly fail to convert the federal airport to a civil public-use airport in accordance with the department’s evaluation within five years of notification to the department, or fail to evidence substantial progress toward that purpose as determined by the department, then the department may take action in accordance with subdivision (f). (f) If the department determines the airport is of present or future benefit to the state’s public-use airport system, and no political subdivision applies to the appropriate federal agency to acquire or operate the airport, or has notified the department of its intention to prepare a reuse plan for the airport and thereafter fails to act upon its application pursuant to subdivision (e), the department may, subject to subdivision (g), assist in the formation of a public entity to own and operate the airport which shall be representative of political subdivisions in the area which surrounds and is served by the airport, as determined by the department. If established, the owning and operating entity may, subject to subdivision (g), prepare and submit an application to the appropriate federal agency to acquire or operate, or acquire and operate, the airport as a public airport. (g) Notwithstanding subdivision (f), if any political subdivision has previously applied to the appropriate federal agency to acquire and operate the airport as a public airport, has completed all required environmental and fiscal evaluations, and subsequently withdrew its application prior to December 31, 1988, the department shall not file any application to acquire or operate the airport or assist in the formation of a public entity to own and operate the airport. (Amended by Stats. 2000, Ch. 860, Sec. 4. Effective January 1, 2001.)
  184. 21633.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may acquire real or personal property, or any interest in it, for this article.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21633. For the purposes of this article, the department, by purchase, gift, devise, lease, condemnation, or otherwise, may acquire real or personal property, or any interest therein, including any property described in Section 21652. (Amended by Stats. 1975, Ch. 1239.)
  185. 21636.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. )

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    The department may dispose of certain acquired property, airport, and air navigation facilities by sale, lease, or other means.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21636. The department may dispose of any property, airport, air navigation facility, or portion or interest, acquired pursuant to this article, by sale, lease, or otherwise. The disposal shall be in accordance with the laws of this state governing the disposition of other state property, except that in the case of disposals to any political subdivision or government or the United States for aeronautical purposes, the disposal may be effected in the manner and upon the terms the department deems in the best interests of the state. (Amended by Stats. 1969, Ch. 138.)
  186. 21637.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department may make airport-related contracts and set related terms and fees, but it may not give anyone an exclusive privilege to sell or deliver gasoline or other petroleum products.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21637. In operating an airport or air navigation facility owned or controlled by the state, the department may enter into contracts, leases, and other arrangements for a term not exceeding 20 years with any person, granting the privilege of using or improving the airport or air navigation facility or space therein for commercial purposes, conferring the privilege of supplying goods, commodities, things, services, or facilities at the airport or air navigation facility, or making available services to be furnished by the department or its agents at the airport or air navigation facility. In each case the department may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and shall be established with regard to the property and improvement used and the expenses of operation to the state. In no case shall the public be deprived of its rightful, equal, and uniform use of the airport, air navigation facility, or portion of either. The department shall grant no exclusive privilege for the sale or delivery of gasoline or other petroleum products. (Amended by Stats. 1969, Ch. 138.)
  187. 21638.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. )

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    The department must call for bids to operate a state-owned airport and lease it to the highest qualified bidder for up to five years. No one may get authority to operate the airport except as a public airport, and the state may operate it only if no acceptable bid is received.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21638. The department shall call for bids for the operation of any state-owned airport and shall lease the airport for a term not to exceed five years to the highest qualified bidder or bidders. No person shall be granted any authority to operate the airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport which the department might not have undertaken under Section 21637. The state may operate an airport only if no acceptable bid is received. (Amended by Stats. 1969, Ch. 138.)
  188. 21639.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. )

    Verify source ↗

    The department must not give anyone an exclusive right to use an airport or air navigation facility under its jurisdiction.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21639. The department shall grant no exclusive right for the use of any airport or air navigation facility under its jurisdiction. This section shall not be construed to prevent the making of contracts, leases, and other arrangements pursuant to this article. (Amended by Stats. 1969, Ch. 138.)
  189. 21640.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. )

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    The state has a lien on property to secure payment for certain airport-related charges, and the department may enforce that lien as allowed by law.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21640. To enforce the payment of any charges for repairs, improvements, storage, or care of any personal property by the department or its agents in connection with the operation of an airport or air navigation facility owned or operated by the state, the state has a lien on the property, which is enforceable by the department as provided by law. (Amended by Stats. 1969, Ch. 138.)
  190. 21646.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. )

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    It is a misdemeanor for any person to release or fly certain balloons, kites, rockets, or free balloons within five miles of an airport if they could endanger aircraft or obstruct a pilot’s view.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2. State Airports and Air Navigation Facilities [21631 - 21646] ( Article 2 added by Stats. 1953, Ch. 151. ) ## 21646. It shall be a misdemeanor for any person to release or fly or cause to be released or flown, within five miles of any airport, any moored balloon, kite, unmanned rocket, or unmanned free balloon which might be ingested by an aircraft engine or might cause a pilot’s view of the airport and zone approach to be obstructed, or which could be used to suspend an object capable of endangering airborne aircraft or impairing a pilot’s vision. (Added by Stats. 1970, Ch. 1350.)
  191. 21650.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.5. Non-Public-Use Airports [21650 - 21650.2] ( Heading of Article 2.5 amended by Stats. 1992, Ch. 1243, Sec. 16.2. )

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    For this article, “airport” means an airport that is not open to the general public.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.5. Non-Public-Use Airports [21650 - 21650.2] ( Heading of Article 2.5 amended by Stats. 1992, Ch. 1243, Sec. 16.2. ) ## 21650. “Airport” for the purposes of this article means an airport not open to the general public. (Amended by Stats. 1992, Ch. 1243, Sec. 17. Effective September 30, 1992.)
  192. 21650.1.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.5. Non-Public-Use Airports [21650 - 21650.2] ( Heading of Article 2.5 amended by Stats. 1992, Ch. 1243, Sec. 16.2. )

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    Airports must be marked with department-selected letters or symbols showing they are not open to the general public.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.5. Non-Public-Use Airports [21650 - 21650.2] ( Heading of Article 2.5 amended by Stats. 1992, Ch. 1243, Sec. 16.2. ) ## 21650.1. An airport shall be marked as required by rule of the department with letters or symbol selected by the department to designate that the airport is not open to the general public. In selecting the letters or symbol, the department shall be guided by letters or symbols currently in use by the Federal Aviation Administration for similar or comparable purposes. (Amended by Stats. 1992, Ch. 1243, Sec. 18. Effective September 30, 1992.)
  193. 21650.2.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.5. Non-Public-Use Airports [21650 - 21650.2] ( Heading of Article 2.5 amended by Stats. 1992, Ch. 1243, Sec. 16.2. )

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    An airport may apply for and receive a permit under Article 3 for this chapter.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.5. Non-Public-Use Airports [21650 - 21650.2] ( Heading of Article 2.5 amended by Stats. 1992, Ch. 1243, Sec. 16.2. ) ## 21650.2. Nothing shall prevent an airport from applying for and receiving a permit pursuant to Article 3 (commencing with Section 21661) of this chapter. (Amended by Stats. 1992, Ch. 1243, Sec. 19. Effective September 30, 1992.)
  194. 21652.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.6. Hazard Elimination; Flight Disturbance [21652 - 21653] ( Article 2.6 added by Stats. 1975, Ch. 1240. )

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    A person with eminent-domain power for airport purposes may acquire needed property, airspace, or related interests for airport safety and hazard removal.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.6. Hazard Elimination; Flight Disturbance [21652 - 21653] ( Article 2.6 added by Stats. 1975, Ch. 1240. ) ## 21652. (a) Any person authorized to exercise the power of eminent domain for airport purposes may acquire by purchase, gift, devise, lease, condemnation, or otherwise: (1) Any property necessary to permit the safe and efficient operation of the airport, or to permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards. (2) Airspace or an easement in such airspace above the surface of property where necessary to permit imposition upon such property of excessive noise, vibration, discomfort, inconvenience, interference with use and enjoyment, and any consequent reduction in market value, due to the operation of aircraft to and from the airport. (3) Remainder property underlying property taken pursuant to paragraph (2), where permitted by Section 1240.410 of the Code of Civil Procedure. (b) As used in this section, “property” includes real and personal property and any right or interest therein, whether within, beyond, adjacent to, or in the vicinity of, the boundaries of an airport or airport site, and, by way of illustration and not by way of limitation, includes air rights, airspace, air easements, and easements in airport hazards. (Added by Stats. 1975, Ch. 1240.)
  195. 21653.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.6. Hazard Elimination; Flight Disturbance [21652 - 21653] ( Article 2.6 added by Stats. 1975, Ch. 1240. )

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    A person authorized to use eminent domain for airport purposes may arrange the removal or relocation of airport hazards and related facilities, and must pay those removal or relocation costs.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.6. Hazard Elimination; Flight Disturbance [21652 - 21653] ( Article 2.6 added by Stats. 1975, Ch. 1240. ) ## 21653. Any person authorized to exercise the power of eminent domain for airport purposes may provide, by purchase, gift, devise, lease, condemnation, or otherwise, for the removal or relocation of any airport hazard or the removal or relocation of all facilities, structures, and equipment that may interfere with the location, expansion, development, or improvement of the airport and other air navigation facilities or with the safe approach thereto and takeoff therefrom by aircraft. Any person acting under authority of this section shall pay the cost of such removal or relocation. (Added by Stats. 1975, Ch. 1240.)
  196. 21655.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.7. Regulation of Obstructions [21655 - 21659] ( Article 2.7 added by Stats. 1969, Ch. 398. )

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    If a proposed state building or enclosure site is within two miles of an airport runway, the proposing state agency must notify the Department of Transportation before buying the property, and the department must investigate and report within 30 working days.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.7. Regulation of Obstructions [21655 - 21659] ( Article 2.7 added by Stats. 1969, Ch. 398. ) ## 21655. Notwithstanding any other provision of law, if the proposed site of any state building or other enclosure is within two miles, measured by air line, of that point on an airport runway, or runway proposed by an airport master plan, which is nearest the site, the state agency or office which proposes to construct the building or other enclosure shall, before acquiring title to property for the new state building or other enclosure site or for an addition to a present site, notify the Department of Transportation, in writing, of the proposed acquisition. The department shall investigate the proposed site and, within 30 working days after receipt of the notice, shall submit to the state agency or office which proposes to construct the building or other enclosure a written report of the investigation and its recommendations concerning acquisition of the site. If the report of the department does not favor acquisition of the site, no state funds shall be expended for the acquisition of the new state building or other enclosure site, or the expansion of the present site, or for the construction of the state building or other enclosure, provided that the provisions of this section shall not affect title to real property once it is acquired. (Amended by Stats. 1992, Ch. 1243, Sec. 20. Effective September 30, 1992.)
  197. 21656.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.7. Regulation of Obstructions [21655 - 21659] ( Article 2.7 added by Stats. 1969, Ch. 398. )

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    A person may not build or raise a structure in this state if it will be more than 500 feet high unless the department has issued a permit.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.7. Regulation of Obstructions [21655 - 21659] ( Article 2.7 added by Stats. 1969, Ch. 398. ) ## 21656. No person shall erect or add to the height of any structure within the boundaries of this state which will result in a structure that extends more than 500 feet above the ground on which such structure rests until a permit therefor has been issued for such purpose by the department. This section is not applicable to the construction of any structure if the Federal Communications Commission is required to approve the height of the structure or if the height of the structure is required to be approved under the Federal Aviation Act of 1958 (Public Law 85-726; 72 Stat. 731). (Added by Stats. 1969, Ch. 398.)
  198. 21657.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.7. Regulation of Obstructions [21655 - 21659] ( Article 2.7 added by Stats. 1969, Ch. 398. )

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    The department may refuse a permit if the proposed structure would obstruct airspace and create an unsafe condition for aircraft. A person denied a permit can request a hearing.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.7. Regulation of Obstructions [21655 - 21659] ( Article 2.7 added by Stats. 1969, Ch. 398. ) ## 21657. The department may refuse issuance of a permit under Section 21656 if it determines that the erection of or addition to a structure would obstruct the airspace overlying the state so as to create an unsafe condition for the flight of aircraft. Any person denied a permit shall, upon request, be granted a hearing by the department to determine whether a permit shall be issued. The hearing shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1979, Ch. 511.)
  199. 21658.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.7. Regulation of Obstructions [21655 - 21659] ( Article 2.7 added by Stats. 1969, Ch. 398. )

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    A public utility may not build certain poles, towers, or substation structures near an airport landing area if they would obstruct air navigation, unless the FAA has found no hazard.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.7. Regulation of Obstructions [21655 - 21659] ( Article 2.7 added by Stats. 1969, Ch. 398. ) ## 21658. No public utility shall construct any pole, pole line, distribution or transmission tower, or tower line, or substation structure in the vicinity of the exterior boundary of an aircraft landing area of any airport open to public use, in a location with respect to the airport and at a height so as to constitute an obstruction to air navigation, as an obstruction is defined in accordance with Part 77 of the Federal Aviation Regulations, Federal Aviation Administration, or any corresponding rules or regulations of the Federal Aviation Administration, unless the Federal Aviation Administration has determined that the pole, line, tower, or structure does not constitute a hazard to air navigation. This section shall not apply to existing poles, lines, towers, or structures or to the repair, replacement, or reconstruction thereof if the original height is not materially exceeded and this section shall not apply unless just compensation shall have first been paid to the public utility by the owner of any airport for any property or property rights which would be taken or damaged hereby. (Amended by Stats. 1982, Ch. 681, Sec. 37.)
  200. 21659.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.7. Regulation of Obstructions [21655 - 21659] ( Article 2.7 added by Stats. 1969, Ch. 398. )

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    A person must not build, alter, or let natural growth exceed FAA obstruction standards, unless FAA says it is not a hazard or unsafe condition.

    ## Public Utilities Code - PUC ## DIVISION 9. AVIATION [21001 - 24451] ( Division 9 added by Stats. 1953, Ch. 151. ) ## PART 1. STATE AERONAUTICS ACT [21001 - 21712] ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. ) ## CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29] ( Chapter 4 added by Stats. 1953, Ch. 151. ) ## ARTICLE 2.7. Regulation of Obstructions [21655 - 21659] ( Article 2.7 added by Stats. 1969, Ch. 398. ) ## 21659. (a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the regulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, Subpart C, unless the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation. (b) Subdivision (a) does not apply to a pole, pole line, distribution or transmission tower, or tower line or substation of a public utility, as specified in Section 21658. (Amended by Stats. 2018, Ch. 198, Sec. 3. (AB 3246) Effective January 1, 2019.)

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