Public Utilities Code — Part 19 | PUC — United States — California law | Esheria

Public Utilities Code

Part 19 of 38 · provisions 3,601–3,800

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. 2727.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Private and Mutual Water Service Law [2725 - 2729] ( Chapter 3 added by Stats. 1953, Ch. 72. )

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    During a war or state of war, a private irrigation plant owner or mutual water company may deliver water to others for agricultural output, and doing so does not make them a public utility under the commission’s jurisdiction.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Private and Mutual Water Service Law [2725 - 2729] ( Chapter 3 added by Stats. 1953, Ch. 72. ) ## 2727. In order to increase the output of agricultural products in this State during the time the United States is a party to war or to a state of war, the owner of any private irrigation plant may deliver water to others, or any mutual water company may deliver water to others than its stockholders or members, with or without compensation, without becoming a public utility subject to the jurisdiction of the commission. (Added by Stats. 1953, Ch. 72.)
  2. 2728.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Private and Mutual Water Service Law [2725 - 2729] ( Chapter 3 added by Stats. 1953, Ch. 72. )

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    A mutual water company may not deliver water to others until it has filled the water orders of its stockholders or members, temporary service cannot last more than six months after the war need ends, and a statement must be filed with the commission before temporary service begins.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Private and Mutual Water Service Law [2725 - 2729] ( Chapter 3 added by Stats. 1953, Ch. 72. ) ## 2728. The delivery of water pursuant to Section 2727 is subject to the following restrictions: (a) Until a mutual water company fills the water orders of its stockholders or members pursuant to its constitution, bylaws, or rules, it shall not deliver water to others. (b) The temporary service authorized by Section 2727 shall not continue for more than six months after the war need has ceased. (c) Before any temporary service of water is made a statement shall be filed with the commission stating the private irrigation plant or mutual water company rendering the service, the party receiving it, the land irrigated, and the rate, if any, charged for the service. (Added by Stats. 1953, Ch. 72.)
  3. 27281.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 2. Exclusion of Incorporated Territory [27281 - 27284] ( Article 2 added by Stats. 1955, Ch. 1036. )

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    A city council or other city governing body may petition the district to exclude territory from the district if the annexed territory is already served by the city’s transit service or meets the stated annexation condition.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 2. Exclusion of Incorporated Territory [27281 - 27284] ( Article 2 added by Stats. 1955, Ch. 1036. ) ## 27281. If the city to which any territory included in any district has been annexed already provides transit service in the territory annexed, or if any territory in any district is annexed to a city, not a part of any district as originally established pursuant to this part, and not annexed thereto pursuant to this part, the city council or other governing body of the city may petition the district for the exclusion of such territory from the district. (Amended by Stats. 1959, Ch. 116.)
  4. 27282.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 2. Exclusion of Incorporated Territory [27281 - 27284] ( Article 2 added by Stats. 1955, Ch. 1036. )

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    A petition for exclusion must include the information required by Article 1, and the required expense deposit must be made.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 2. Exclusion of Incorporated Territory [27281 - 27284] ( Article 2 added by Stats. 1955, Ch. 1036. ) ## 27282. The petition shall contain the information prescribed for petitions for exclusion under Article 1 of this chapter, a deposit for expenses shall be made as therein provided, and thereafter all proceedings shall be had as provided therein for such petitions after filing. (Added by Stats. 1955, Ch. 1036.)
  5. 27283.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 2. Exclusion of Incorporated Territory [27281 - 27284] ( Article 2 added by Stats. 1955, Ch. 1036. )

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    If exclusion is granted, the city’s board and governing body must contract for the city to pay its share of taxes and bonded indebtedness. If they cannot agree, either side may ask the superior court to तयermine the share.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 2. Exclusion of Incorporated Territory [27281 - 27284] ( Article 2 added by Stats. 1955, Ch. 1036. ) ## 27283. If an order of exclusion is granted, the board and the governing body of the city shall by contract provide for the payment by the city of the proportion of the taxes and bonded indebtedness for which the territory excluded is justly liable. If they do not agree, either may petition the superior court in and for the county in which the property is located for a judgment declaring the proportion of the taxes and bonded indebtedness for which the territory excluded is justly liable. The proceeding shall be governed by the provisions of the Code of Civil Procedure relating to declaratory relief. (Added by Stats. 1955, Ch. 1036.)
  6. 27284.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 2. Exclusion of Incorporated Territory [27281 - 27284] ( Article 2 added by Stats. 1955, Ch. 1036. )

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    An order excluding territory does not undo earlier taxes or assessments, and it does not free the excluded property from outstanding bonded debt or related taxes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 2. Exclusion of Incorporated Territory [27281 - 27284] ( Article 2 added by Stats. 1955, Ch. 1036. ) ## 27284. The order of exclusion does not invalidate in any manner any taxes or assessments theretofore levied or assessed against the lands excluded nor relieve the property excluded from any outstanding bonds which are a lien thereon at the time of exclusion, nor from any taxes to pay the principal or interest thereof. (Added by Stats. 1955, Ch. 1036.)
  7. 2729.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Private and Mutual Water Service Law [2725 - 2729] ( Chapter 3 added by Stats. 1953, Ch. 72. )

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    A mutual water company may use eminent domain for specified water-related property and facilities when they are for irrigating lands the company supplies with water.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Private and Mutual Water Service Law [2725 - 2729] ( Chapter 3 added by Stats. 1953, Ch. 72. ) ## 2729. A mutual water company may exercise the power of eminent domain for water, water rights, canals, ditches, dams, poundings, flumes, aqueducts, and pipes for irrigation of lands furnished with water by such company. (Added by Stats. 1975, Ch. 1240.)
  8. 27291.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. )

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    This article’s exclusion-of-territory provisions are an alternative to other provisions for excluding territory from the district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27291. The provisions of this article are alternative to any other provisions for the exclusion of territory from the district. (Added by Stats. 1959, Ch. 116.)
  9. 27292.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. )

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    The board may exclude a city or unincorporated territory after a failed district bond issue if the vote and petition or resolution requirements are met.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27292. Any time after the defeat of a bond issue by the voters of the district any city or unincorporated territory, a majority of whose voters voting on a district bond issue proposition voted against said proposition, may be excluded by order of the board upon receipt by the board of a verified petition of ten percent (10%) of the total vote cast in the territory proposed to be excluded, or of a resolution adopted by the city council or board of supervisors having jurisdiction of the territory. However, no city shall be divided and not less than one-half of the territory under the jurisdiction of the board of supervisors and then remaining within the district shall be included in any petition or resolution or combination thereof filed simultaneously, nor shall any territory be excluded by any petition or resolution or combination thereof which creates areas of noncontiguous territory or will be entirely surrounded by the remainder of the district. (Added by Stats. 1959, Ch. 116.)
  10. 27293.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. )

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    A petition or resolution for exclusion must state the reasons, say the area will not be benefited by inclusion in the district, define the area’s boundaries, and request exclusion.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27293. The petition or resolution shall state the reasons for the proposed exclusion and that the area will not be benefited by inclusion in the district, shall define the boundaries of the area proposed to be excluded, and request that the area be excluded. (Added by Stats. 1959, Ch. 116.)
  11. 27294.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. )

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    If a city council or board of supervisors starts a territory exclusion, the legislative body must hold a public hearing, publish notice, and wait at least 10 days after notice before the hearing. After the hearing, it may adopt and send the resolution to the board.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27294. (a) If the exclusion is initiated by a city council or a board of supervisors, such legislative body shall hold a public hearing on the proposal to adopt the resolution. A notice of the hearing shall be published once in a newspaper of general circulation published in the area proposed to be excluded, or in a newspaper published within the city and county the legislative body of which has initiated the proceedings, in the event that a newspaper is not published in the area. (b) The notice of the hearing shall be entitled “Proposal to Exclude the ________ Territory from the ________ Transit District.” The territory shall be designated by an appropriate name descriptive of the area proposed to be excluded. The notice shall also contain a description of the area, state the time and place for a hearing by the legislative body, and shall state that all persons interested in the exclusion may attend and be heard. The hearing shall be held not less than 10 days after publication of the required notice. (c) The legislative body shall conduct the hearing and at its conclusion, or at the conclusion of a further hearing to which adjournment has been made, may adopt the resolution and transmit it to the board. (Added by Stats. 1959, Ch. 116.)
  12. 27295.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The board must hear an exclusion petition within 60 days, and notice must be published with specified details at least 20 days before the hearing.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27295. Within 60 days after the receipt of a petition for exclusion, the board shall hear the petition or resolution at a regular or adjourned meeting of the board. Notice of the filing of the petition or resolution shall be given by publication of the petition or resolution in a newspaper of general circulation, published in the district and selected by the board. The notice shall also state the date of the filing of the petition or resolution and that it will be considered by the board, and shall state the time and place of the hearing. The time fixed for the hearing shall not be less than 20 days from the date of the first publication of the notice. The property to be excluded may or may not be specifically described in the notice, but if not described, the notice shall refer to the petition or resolution on file for purposes of a particular description of the property sought to be excluded and shall make reference to the property by a descriptive name. (Added by Stats. 1959, Ch. 116.)
  13. 27296.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. )

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    Landowners or taxpayers within the district may appear at the hearing and speak for or against the petition or resolution.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27296. Any landowner or taxpayer within the district may appear at the hearing, either in behalf of or in opposition to the granting of the petition or resolution. (Added by Stats. 1959, Ch. 116.)
  14. 27297.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. )

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    The board must hear the petition or resolution at the time and place stated in the hearing notice.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27297. The petition or resolution shall be heard by the board at the time and place specified in the notice of the hearing. (Added by Stats. 1959, Ch. 116.)
  15. 27298.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. )

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    If the board finds exclusion is in the district’s best interests, or that the land will not benefit from remaining in the district, it must order the land excluded.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27298. If, upon the hearing the board determines that it is in the best interests of the district that the lands mentioned in the petition or resolution, or some portion of them, be excluded from the district, or if it appears that the lands, or some portion of them, will not be benefited by their continued inclusion in the district, the board shall make an order that the lands, or some portion of them, as the board may determine, be excluded from the district, describing specifically the lands excluded. (Added by Stats. 1959, Ch. 116.)
  16. 27299.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. )

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    If the board does not order exclusion within 10 days after the hearing, it must hold an election within 120 days; the election may be combined with a general election in some cases.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27299. In the event that the board shall not make the order excluding all of the area proposed to be excluded within 10 days after the hearing on the petition or resolution for exclusion, the board shall within 120 days thereof order and conduct an election within the area proposed to be excluded upon the question of whether the area shall be excluded from the district, however, if a general election is to be held within the territory proposed to be excluded within six months after the petition or resolution is filed with the secretary of the district the board may consolidate the election requested by this article with the general election. All resident electors of the area shall be eligible to vote at the election. The cost of the election shall be borne by the district. (Added by Stats. 1959, Ch. 116.)
  17. 273.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    Advisory boards must send the commission an annual budget and a report on board activities; the commission must act on the budget within 90 calendar days and may set reporting procedures and frequency.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 273. Each advisory board created pursuant to this chapter shall do both of the following: (a) Submit an annual budget to the commission. Within 90 calendar days after receiving a board’s annual budget, the commission shall either accept, accept with conditions, or reject the submitted budget. (b) Notwithstanding Section 7550.5 of the Government Code, submit, in accordance with procedures established by the commission, a report that shall describe the activities of the board during the prior reporting period. The report shall be submitted on an annual or more frequent basis, as ordered by the commission. (Added by Stats. 1999, Ch. 677, Sec. 2. Effective January 1, 2000.)
  18. 27300.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    If a majority votes for exclusion, the board must order the area excluded from the district after the canvass. If a majority votes against exclusion, the measure fails and exclusion proceedings cannot be started again for one year.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27300. In the event that a majority of the votes cast at the election are in favor of the exclusion, the board, upon completion of the canvass, shall make an order excluding the area from the district. In the event that a majority of the votes cast at the election are opposed to the exclusion, the measure fails and no proceedings for exclusion of the area may be subsequently initiated within one year. (Added by Stats. 1959, Ch. 116.)
  19. 27301.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    A certified copy of an exclusion order must be recorded with the county recorder, and that record is prima facie evidence of the exclusion.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27301. A copy of the order of exclusion, certified by the secretary of the district, shall be recorded in the office of the county recorder of the county in which the lands are situated. The record of the certified copy shall be prima facie evidence of the exclusion from the district of the lands which are purported to be excluded thereby. (Added by Stats. 1959, Ch. 116.)
  20. 27302.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    After an exclusion order is made and recorded, the excluded land is no longer part of the district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10. Exclusion of Territory [27251 - 27302] ( Chapter 10 added by Stats. 1955, Ch. 1036. ) ## ARTICLE 3. Exclusion of Territory Within or Without City [27291 - 27302] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27302. Subsequent to the making and recording of the order of exclusion, the lands excluded shall no longer be a part of the district. The order of exclusion does not invalidate, in any manner, taxes or assessments previously levied or assessed against the lands excluded, nor relieve the property excluded from any outstanding bonds which are a lien upon the excluded property at the time of exclusion or from any taxes imposed to pay the principal or interest on the bonds. (Added by Stats. 1959, Ch. 116.)
  21. 274.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

    Verify source ↗

    The commission may conduct audits or reviews of certain revenues and compliance matters, and it must use a risk-based methodology for program-related costs and activities.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 274. The commission may on its own order, whenever it determines it to be necessary, conduct audits or reviews of the revenues required to be collected and submitted to the commission for each of the funds specified in Section 270. The commission may on its own order, whenever it determines it to be necessary, conduct audits or reviews on the compliance with commission orders with regard to each program subject to this chapter. The commission shall apply a risk-based methodology to conduct audits or reviews of program-related costs and activities. This section does not limit the commission’s authority to initiate an audit or review when circumstances warrant doing so. The commission may contract with the California State Auditor’s Office, the Department of Finance, or another qualified audit or consulting firm for any necessary auditing or review services if the commission’s own auditing services are not available. All costs for audits or reviews shall be paid from the fund that supports the activities of the board audited or reviewed and shall be subject to the availability of money in that fund. (Amended by Stats. 2022, Ch. 251, Sec. 22. (AB 209) Effective September 6, 2022.)
  22. 27401.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 1. Proposal of Formation [27401 - 27406] ( Article 1 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Special transit service districts may be created within a district’s boundaries under this chapter.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 1. Proposal of Formation [27401 - 27406] ( Article 1 added by Stats. 1959, Ch. 116. ) ## 27401. One or more special transit service districts may be created within the boundaries of a district pursuant to this chapter. (Added by Stats. 1959, Ch. 116.)
  23. 27402.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 1. Proposal of Formation [27401 - 27406] ( Article 1 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Before a special transit service district is formed, resolutions must be passed by enough local legislative bodies, and certified copies must be filed with the district secretary.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 1. Proposal of Formation [27401 - 27406] ( Article 1 added by Stats. 1959, Ch. 116. ) ## 27402. Resolutions shall first be passed by the legislative bodies of half or more, but of not less than two, of the public agencies, within all or any part of the area which would be included in the proposed special transit service district, declaring that the public interest or necessity demands the creation of a special transit service district and describing its boundaries. The boundaries of the proposed special transit service district may include territory outside any such public agency if the territory is within the area of the transit district. When the entire area of a public agency is to be included in the special transit service district it may be described in the resolutions by name. Certified copies of the resolutions shall be filed with the secretary of the district. (Added by Stats. 1959, Ch. 116.)
  24. 27403.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 1. Proposal of Formation [27401 - 27406] ( Article 1 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    A petition may be filed with a district secretary if signed by voters equal to at least 10% of the total vote cast in the proposed district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 1. Proposal of Formation [27401 - 27406] ( Article 1 added by Stats. 1959, Ch. 116. ) ## 27403. As an alternative to the instigation of the formation of a special transit service district by resolutions, a petition may be filed with the secretary of a district signed by voters within the proposed special transit service district equal in number to at least 10 percent of the total vote cast. The boundaries of the proposed special transit service district shall be described in the petition and shall include at least two public agencies or portions thereof. A statement of the name of any public agency constitutes a sufficient and legal description of the territory if the entire area of the agency is included. (Added by Stats. 1959, Ch. 116.)
  25. 27404.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 1. Proposal of Formation [27401 - 27406] ( Article 1 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    A petition for a special transit service district must state that public interest or necessity requires creating the district in the described area.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 1. Proposal of Formation [27401 - 27406] ( Article 1 added by Stats. 1959, Ch. 116. ) ## 27404. The petition shall declare that the public interest or necessity demands the creation of a special transit service district within the area of the district described in the petition. The petition may include one or more separate documents, but each document shall contain the affidavit of the party who circulated it, certifying that each name signed thereto is the true signature of the person whose name it purports to be. (Added by Stats. 1959, Ch. 116.)
  26. 27405.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 1. Proposal of Formation [27401 - 27406] ( Article 1 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The district secretary must compare petition signatures with registration affidavits and certify to the board whether the petition is sufficient or insufficient.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 1. Proposal of Formation [27401 - 27406] ( Article 1 added by Stats. 1959, Ch. 116. ) ## 27405. The secretary of the district shall compare the signatures on the petition with the affidavits of registration on file with the county elections official and shall certify to the board as to the sufficiency or insufficiency of the petition. (Amended by Stats. 2002, Ch. 221, Sec. 97. Effective January 1, 2003.)
  27. 27406.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 1. Proposal of Formation [27401 - 27406] ( Article 1 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The board may start proceedings to create a special transit service district by passing a resolution and describing the district boundaries.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 1. Proposal of Formation [27401 - 27406] ( Article 1 added by Stats. 1959, Ch. 116. ) ## 27406. The board may initiate proceedings for the creation of a special transit service district within the area of the district by passing a resolution declaring that the public interest or necessity demands the creation of a special transit service district, and describing its boundaries, which shall include all or any part of two or more public agencies. A public agency to be included may be described by name if the entire area of the agency is included. No certified copy of the resolution need be filed with the secretary of the district. (Added by Stats. 1959, Ch. 116.)
  28. 27411.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The board must, within 60 days of the stated triggering events, adopt a resolution naming the special transit service district, set a hearing time and place, and publish notice of the hearing.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. ) ## 27411. Within 60 days after receipt of the resolutions of the public agencies or receipt of the certification of the sufficiency of a petition by the secretary of the district, or the passage of the resolution of the board, the board shall, by resolution, designate the special transit service district as “________ (here insert name) Transit District, Special Transit Service District No. ________ (here insert number)” (all such special transit service districts shall be numbered consecutively) and shall fix a time and place for a hearing on the proposed creation of the special transit service district, and shall publish notice of the hearing. (Added by Stats. 1959, Ch. 116.)
  29. 27412.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The notice of hearing must be published once in a newspaper of general circulation published in the district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. ) ## 27412. The notice of hearing shall be published once in a newspaper of general circulation published in the district. (Added by Stats. 1959, Ch. 116.)
  30. 27413.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The hearing must be scheduled no earlier than 20 days and no later than 60 days after the notice is published.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. ) ## 27413. The time fixed for the hearing shall be not less than 20 nor more than 60 days from the date of the publication of the notice. (Added by Stats. 1959, Ch. 116.)
  31. 27414.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Interested persons may file written objections before or at the hearing, the board must decide all protests and objections, and the board may adjourn the hearing with the required minute order.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. ) ## 27414. At or before the hearing, any person interested may file with the secretary of the district written objections to the creation of the special transit service district or to the inclusion of his property therein. Upon the hearing the board shall hear and determine all protests and objections. The hearing may be adjourned from time to time by the board without further notice other than an order to be entered upon the minutes of its meeting fixing the time and place of the adjournment. (Added by Stats. 1959, Ch. 116.)
  32. 27415.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The board may change the proposed special transit service district’s boundaries, but the district must stay within the larger district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. ) ## 27415. The board may reduce or enlarge the boundaries of the proposed special transit service district, but the boundaries of the proposed special transit service district shall be within the boundaries of the district. (Added by Stats. 1959, Ch. 116.)
  33. 27416.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The board may not approve a special transit service district that adds territory unless notice is published and a hearing is held first.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. ) ## 27416. The board shall not approve the creation of a special transit service district containing territory in addition to the territory included in the resolutions or petitions filed with the secretary of the district, or in its own resolution, until notice of its intention to include such additional territory has been published for the time and in the manner prescribed for the original hearing on the matter and a hearing is had pursuant to the notice. (Added by Stats. 1959, Ch. 116.)
  34. 27417.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    If there are no protests, or if protests are overruled and denied, the board must approve the special transit service district by resolution and declare it created, except as Article 3 provides.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 2. Hearing [27411 - 27417] ( Article 2 added by Stats. 1959, Ch. 116. ) ## 27417. If no protests are filed, or if the protests filed are overruled and denied by the board, the board shall by resolution approve the creation of the special transit service district either as originally described or as revised by the board and, except as provided by Article 3 (commencing at Section 27421), shall by resolution order and declare the special transit service district created. (Added by Stats. 1959, Ch. 116.)
  35. 27421.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    A public agency partly or fully inside a special transit service district may, within 30 days after the district is created, use a resolution to ask voters whether it should be included in the district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27421. Any public agency included, or partly included, within the boundaries of a special transit service district may, by a resolution adopted by its legislative body, adopted within 30 days after the adoption of the resolution creating a special transit service district, require the submission of a proposition to the voters of the public agency, or portion thereof, for the purpose of determining whether the public agency, or portion thereof, will be included within the boundaries of the special transit service district. However, no election shall be held, if the board, pursuant to Section 27417, excludes from the territory to be annexed the whole or any portion of a public agency in accordance with the petition or resolution adopted by the legislative body of the public agency. (Added by Stats. 1959, Ch. 116.)
  36. 27422.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Voters in the district may file a petition with the district secretary to require an election, if the petition is signed by voters equal to at least 10% of the vote cast.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27422. Instead of the procedure by resolution of a public agency, a petition may be filed with the secretary of the district, signed by voters within any public agency, or portion thereof, included within the boundaries of the special transit service district equal in number to at least 10 percent of the vote cast, requiring an election to be held as described in Section 27421 of this chapter. (Added by Stats. 1959, Ch. 116.)
  37. 27423.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    A petition may include multiple documents, and each document must have the circulator’s affidavit certifying the signatures. The petition must be filed within 30 days after the resolution creating the special transit service district is adopted.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27423. The petition may include one or more documents, but each document shall contain the affidavit of the party who circulated it, certifying that each name affixed thereto is the true signature of the person whose name it purports to be. The petition shall be filed within 30 days after the adoption of the resolution creating a special transit service district. (Added by Stats. 1959, Ch. 116.)
  38. 27424.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The district secretary must compare petition signatures with registration affidavits on file with the county elections official and report to the board whether the petition is sufficient or insufficient.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27424. The secretary of the district shall compare the signatures with the affidavits of registration on file with the county elections official and shall certify to the board as to the sufficiency or insufficiency of the petition. (Amended by Stats. 2002, Ch. 221, Sec. 98. Effective January 1, 2003.)
  39. 27425.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Filing a resolution or petition stays the effective creation of the special transit service district until the required election results are canvassed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27425. The filing of a resolution pursuant to Section 27421, or of a petition pursuant to Section 27422, shall stay the effective creation of the special transit service district within the public agency or portion thereof included in the resolution or petition until the results of the required election are canvassed. (Added by Stats. 1959, Ch. 116.)
  40. 27426.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The board must call the required election and schedule it for the next established election date at least 74 days after the petition or resolution is filed with the district secretary.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27426. The board shall call the election required by Sections 27421 and 27422 to be held on the next established election date not less than 74 days after the petition or resolution is filed with the secretary of the district. (Amended by Stats. 1973, Ch. 1146.)
  41. 27427.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The election ballot must include legally required instructions and a specific question asking whether the named special transit service district should be created and established.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27427. The ballot for the election shall contain such instructions as are required by law to be printed thereon and in addition thereto the following: Shall the “(giving name of special transit service district)” be created and established in “(giving name of public agency or portion thereof)”? YES NO (Added by Stats. 1959, Ch. 116.)
  42. 27428.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Only voters of the public agency, or the relevant portion of it, that requested the election may vote in that election.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27428. No person is entitled to vote at the election unless he is a voter of the public agency or portion thereof requesting the election. The election may be held on the same day as any other state, county or city election and may be consolidated. (Added by Stats. 1959, Ch. 116.)
  43. 27429.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The election costs for this article must be shared equally by the public agency and the district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27429. The costs of the election required by this article shall be borne equally by the public agency and the district. (Added by Stats. 1959, Ch. 116.)
  44. 27430.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The board must canvass the vote separately for each affected public agency or portion of one, then declare the special transit service district created for the included areas.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 3. Election [27421 - 27430] ( Article 3 added by Stats. 1959, Ch. 116. ) ## 27430. The question of the creation of a special transit service district, submitted to a vote pursuant to this article, shall be canvassed separately for each public agency or portion thereof in which an election is held, and the board shall order and declare the special transit service district created, including each public agency, or portion thereof, in which no election was held pursuant to Section 27426 and also including each public agency, or portion thereof, in which an election was held and in which a majority of those who voted upon the proposition of creating the special transit service district voted in favor of the proposition, and excluding each public agency, or portion thereof, in which an election was held and in which a majority of those who voted upon the proposition of creating the special transit service district voted against the proposition. (Added by Stats. 1959, Ch. 116.)
  45. 27441.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 4. Taxing Subdivision [27441- 27441.] ( Article 4 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    A special transit service district has no separate corporate existence and is treated as a taxing subdivision; its board may levy or arrange collection of taxes for any lawful purpose under the cited article.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 4. Taxing Subdivision [27441- 27441.] ( Article 4 added by Stats. 1959, Ch. 116. ) ## 27441. A special transit service district has no separate corporate existence, but shall be deemed to be a taxing subdivision of the district, and within each special transit service district the board may levy and collect or cause to be collected taxes for any lawful purpose in accordance with Article 8 (commencing at Section 25891) of Chapter 6. (Added by Stats. 1959, Ch. 116.)
  46. 27451.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 5. Bond Election [27451 - 27456] ( Article 5 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The board may submit a bond proposition after it adopts the resolution creating a special transit service district, even if that resolution is not yet effective.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 5. Bond Election [27451 - 27456] ( Article 5 added by Stats. 1959, Ch. 116. ) ## 27451. At any time after the adoption by the board of the resolution creating a special transit service district, notwithstanding the effective date of the resolution, the board may provide for the submission of a proposition for the incurring of a bonded indebtedness to be incurred by the district on behalf of the special transit service district to pay the costs of acquiring, constructing, or completing the whole or any portion of any transit facilities, or for acquiring any works, lands, structures, rights, equipment, or other property necessary or convenient to carry out the objects, purposes or powers of the district within the boundaries of a special transit service district created pursuant to this chapter. (Added by Stats. 1959, Ch. 116.)
  47. 27452.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 5. Bond Election [27451 - 27456] ( Article 5 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    A bond proposition under Section 27451 may be presented to voters at the same election as the vote to create the special transit service district, and in some areas it must instead be submitted at a separate special bond election.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 5. Bond Election [27451 - 27456] ( Article 5 added by Stats. 1959, Ch. 116. ) ## 27452. The proposition for incurring a bonded indebtedness under Section 27451 may be submitted to the voters of any public agency or portion thereof at the same election as a proposition to create the special transit service district within a public agency or portion thereof, held pursuant to Article 3 (commencing at Section 27421). In such event a proposition for incurring a bonded indebtedness shall be submitted at a separate special bond election in all portions of the special transit service district in which no election is held pursuant to Article 3 (commencing at Section 27421). (Added by Stats. 1959, Ch. 116.)
  48. 27453.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 5. Bond Election [27451 - 27456] ( Article 5 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Chapter 7 rules generally control bond matters under this article, unless this article says otherwise.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 5. Bond Election [27451 - 27456] ( Article 5 added by Stats. 1959, Ch. 116. ) ## 27453. Except as otherwise provided in this article, the provisions of Chapter 7 (commencing at Section 26201) shall substantially govern as to all matters pertaining to the issuance of bonds under this article, including, among other things and without limiting the generality of the foregoing, the calling, holding, and consolidation of the bond election, the formation, execution, issuance, maturity, redemption, refunding, validation, the payment of interest from bond funds, and the status of the bonds as investments. (Added by Stats. 1959, Ch. 116.)
  49. 27454.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 5. Bond Election [27451 - 27456] ( Article 5 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Bonds may be issued only if the proposition gets a favorable vote from a majority of the voters voting on it.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 5. Bond Election [27451 - 27456] ( Article 5 added by Stats. 1959, Ch. 116. ) ## 27454. The favorable vote of a majority of all the voters voting on the proposition to authorize the issuance of bonds at the election or elections held pursuant to Sections 27451 or 27452 within the special transit service district as finally established is required to authorize the issuance of the bonds. (Added by Stats. 1959, Ch. 116.)
  50. 27455.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 5. Bond Election [27451 - 27456] ( Article 5 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Only property in the special transit service district may be taxed to pay principal and interest on the district’s bonds.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 5. Bond Election [27451 - 27456] ( Article 5 added by Stats. 1959, Ch. 116. ) ## 27455. Only the property in the special transit service district shall be taxable for the payment of the principal and interest on special transit service district bonds. Until the bonds are paid, taxes shall be levied in substantial compliance with Section 25893. (Added by Stats. 1959, Ch. 116.)
  51. 27456.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 5. Bond Election [27451 - 27456] ( Article 5 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    A challenge to the validity of a special transit service district or voter-authorized bonds must be filed within three months of the relevant board resolution or voter approval.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 5. Bond Election [27451 - 27456] ( Article 5 added by Stats. 1959, Ch. 116. ) ## 27456. Any proceeding denying the validity of the creation of any special transit service district, or of any bonds authorized by the voters thereof, pursuant to this part, shall be brought within three months after the date upon which the applicable resolution is adopted by the board or the applicable proposition is approved by the voters. (Added by Stats. 1959, Ch. 116.)
  52. 27461.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Some public agencies or territory within a district may be annexed to a special transit service district under this article.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. ) ## 27461. Any public agency or portion thereof within the boundaries of a district, hereafter referred to collectively as “territory,” not included within the boundaries of a special transit service district, may be annexed thereto in the manner provided in this article. (Added by Stats. 1959, Ch. 116.)
  53. 27462.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The board must pass a resolution and take several steps before annexing territory to the special transit service district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. ) ## 27462. The board shall, by resolution, determine that the annexation of the territory will facilitate the acquisition or operation of transit facilities for the special transit service district, describe the territory, declare its intention to annex the territory to the special transit service district, set forth the terms and conditions upon which the territory shall be annexed, fix the time and place for hearing on the question of the annexation, and provide for notice of the hearing. (Added by Stats. 1959, Ch. 116.)
  54. 27463.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    A public agency or part of one that is being annexed to a special transit service district may require that voters be asked to approve the annexation proposition.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. ) ## 27463. Any public agency or portion thereof included as part of the territory to be annexed to a special transit service district pursuant to this article may, by resolution of its legislative body, or a petition of its voters filed prior to the hearing on annexation, require the submission of an annexation proposition to the voters of the public agency, or portion thereof. (Added by Stats. 1959, Ch. 116.)
  55. 27464.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Article 3 generally controls how annexation propositions are submitted to voters, but no election is held if the board excludes part or all of a public agency’s territory under Section 27468 and its petition or resolution.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. ) ## 27464. Except as otherwise provided herein, Article 3 (commencing at Section 27421) shall govern the procedure for the submitting of the annexation proposition to the voters of any public agency or portion thereof involved; provided, that no election shall be held if the board, pursuant to Section 27468, excludes from the territory to be annexed the whole or any portion of a public agency in accordance with its petition or resolution. (Added by Stats. 1959, Ch. 116.)
  56. 27465.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Annexation terms for a special transit service district may include taxes, rates, payments, and transfers of property or other assets.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. ) ## 27465. The terms and conditions for the annexation of territory to a special transit service district may provide (among other things) for the payment of taxes within the territory to be annexed, in addition to the taxes otherwise provided for in this part, the fixing of rates, rentals, and charges differing from those fixed or existing elsewhere, within the special transit service district, the making of a payment or payments, or the transfer of property, real and personal, and other assets to the district by the territory proposed to be annexed. (Added by Stats. 1959, Ch. 116.)
  57. 27466.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    A notice fixing the time and place for an annexation hearing must be published once in a newspaper of general circulation published in the district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. ) ## 27466. Notice fixing the time and place for hearing on the question of the annexation of territory to a special transit service district shall be published once in a newspaper of general circulation published in the district. (Added by Stats. 1959, Ch. 116.)
  58. 27467.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The hearing must be scheduled at least 20 days and no more than 60 days after the notice is published.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. ) ## 27467. The time for hearing shall be not less than 20 nor more than 60 days from the date of the publication of the notice. (Added by Stats. 1959, Ch. 116.)
  59. 27468.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Interested persons may file written objections to annexation or inclusion of property before the hearing, and the board must hear and determine all protests and objections at the hearing.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. ) ## 27468. At or before the hearing, any person interested may file with the secretary of the district written objections to the annexation of the territory to the special transit service district or to the inclusion of his property. Upon the hearing, the board shall hear and determine all protests and objections. (Added by Stats. 1959, Ch. 116.)
  60. 27469.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    The board may adjourn the hearing, and if no protests are filed or filed protests are overruled and denied, it must declare the territory or part of it annexed to the special transit service district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. ) ## 27469. The hearing may be adjourned from time to time by the board without further notice other than an order entered upon the minutes of its meeting fixing the time and place of adjournment. In the event that no protests are filed or the protests filed are overruled and denied, the board shall, by resolution, declare the territory, or a portion thereof, annexed to the special transit service district. (Added by Stats. 1959, Ch. 116.)
  61. 27470.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    Annexation becomes complete when the district secretary receives the resolution, unless an annexation election must be held.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. ) ## 27470. From and after the date of filing of the resolution with the secretary of the district the annexation of the territory, or portion thereof, to the special transit service district is complete; provided, that if pursuant to Sections 27463 and 27464 of this article, an annexation election is to be held, the annexation is stayed until the canvassing of the results of said election. (Added by Stats. 1959, Ch. 116.)
  62. 27471.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. )

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    After annexation, the annexed territory must cover its share of existing district debt, and the board must levy the taxes, tolls, or charges needed to meet annexation terms.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. ) ## 27471. From and after the date of annexation any territory annexed to a special transit service district is liable for payment of its proportionate share of any indebtedness then existing and payable by the special transit service district. From and after the date of annexation the board shall levy upon all of the property in the territory annexed such taxes, tolls, or charges as are necessary to comply with the terms and conditions of annexation, in addition to any other district taxes otherwise authorized in this part. (Added by Stats. 1959, Ch. 116.)
  63. 27472.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    After an annexation is completed, the city clerk must file the annexation document with the district secretary. If the district does not file written objections within 90 days, the territory is treated as annexed to the special transit service district and becomes subject to taxation.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. ) ## 27472. Upon the completion of the annexation of any territory in accordance with law to any city included, or partially included, in a special transit service district, the city clerk shall file with the secretary of the district a certified copy of the ordinance, resolution or other document completing said annexation, containing a description of the territory so annexed. Unless the district within 90 days after such filing shall file with the city clerk the district’s written objections to the annexation to the special transit service district of said territory or portion thereof, such territory, or portion thereof, shall, upon the termination of such period be deemed incorporated into and annexed to the special transit service district, and thereafter is subject to taxation, along with the entire territory of the special transit service district in accordance with the assessable valuation of the property thereof, for special transit service district purposes, and for the payment of any indebtedness theretofore or thereafter incurred by the special transit service district. (Added by Stats. 1961, Ch. 744.)
  64. 27473.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. )

    Verify source ↗

    If a district files objections to an annexation, the territory cannot be annexed except under Article 6. The district may later withdraw those objections by filing a certified board resolution with the city clerk, after which the territory is treated as annexed under Section 27472.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 6. Annexation [27461 - 27473] ( Article 6 added by Stats. 1959, Ch. 116. ) ## 27473. If the district shall file its objections in the manner aforesaid to the annexation to a special transit service district of such territory or portion thereof, the territory, or portion thereof, shall not be annexed to the special transit service district except in the manner provided in Article 6 (commencing with Section 27461) of this chapter. The district may withdraw such objections by filing with the city clerk a certified copy of a resolution of the board stating that such objections are withdrawn. Thereupon such territory, or portion thereof, shall be deemed incorporated into and annexed to the special transit service district as provided in Section 27472. (Added by Stats. 1961, Ch. 744.)
  65. 27481.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 7. Dissolution [27481- 27481.] ( Article 7 added by Stats. 1959, Ch. 116. )

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    The board may dissolve a special transit service district by resolution if a bonded indebtedness proposition fails, the district has no other related debt or liability, and it has been organized for at least two years.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 10.5. Special Transit Service Districts [27401 - 27481] ( Chapter 10.5 added by Stats. 1959, Ch. 116. ) ## ARTICLE 7. Dissolution [27481- 27481.] ( Article 7 added by Stats. 1959, Ch. 116. ) ## 27481. A special transit service district may be dissolved by resolution of the board if any proposition for the incurring of a bonded indebtedness fails to carry, and if the special transit service district is then subject to no other indebtedness or liability pursuant to this part and has been organized for not less than two years. Dissolution of a special transit service district shall not prevent subsequent proceedings for the creation of a special transit service district including the same or any part of the area of the special transit service district dissolved. (Added by Stats. 1959, Ch. 116.)
  66. 275.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    Creates the California High-Cost Fund-A Administrative Committee and requires the commission to transfer received moneys to the Controller and use fund appropriations only for the specified program.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 275. (a) There is hereby created the California High-Cost Fund-A Administrative Committee, which is an advisory board to advise the commission regarding the development, implementation, and administration of a program to provide for transfer payments to small independent telephone corporations providing local exchange services in high-cost rural and small metropolitan areas in the state to create fair and equitable local rate structures, as provided for in Section 275.6, and to carry out the program pursuant to the commission’s direction, control, and approval. (b) All revenues collected through surcharges authorized by the commission to fund the program specified in subdivision (a) shall be submitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California High-Cost Fund-A Administrative Committee Fund. All interest earned by moneys in the fund shall be deposited in the fund. (c) Moneys appropriated from the California High-Cost Fund-A Administrative Committee Fund to the commission shall be utilized exclusively by the commission for the program specified in subdivision (a), including all costs of the board and the commission associated with the administration and oversight of the program and the fund. (d) The Legislature finds and declares that, because maintenance of universal public switched telephone network service throughout the state and maintenance of public safety answering points in high-cost areas of the state rely on appropriations from the California High-Cost Fund-A Administrative Committee Fund, maintaining adequate funding levels for the fund is critical to public health and safety. (Amended by Stats. 2014, Ch. 520, Sec. 3. (SB 1364) Effective September 20, 2014.)
  67. 275.6.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

    Verify source ↗

    The commission must maintain and administer the CHCF-A program and use it to support small independent telephone corporations, while keeping rates just and reasonable and treating certain submitted information as confidential.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 275.6. (a) The commission shall exercise its regulatory authority to maintain the California High-Cost Fund-A Administrative Committee Fund program (CHCF-A program) to provide universal service rate support to small independent telephone corporations in amounts sufficient to meet the revenue requirements established by the commission through rate-of-return regulation in furtherance of the state’s universal service commitment to the continued affordability and widespread availability of safe, reliable, high-quality communications services in rural areas of the state. (b) For purposes of this section, the following terms have the following meanings: (1) “Carrier of last resort” means a telephone corporation that is required to fulfill all reasonable requests for service within its service territory. (2) “Rate base” means the value of a telephone corporation’s plant and equipment that is reasonably necessary to provide regulated voice services and access to advanced services, and upon which the telephone corporation is entitled to a fair opportunity to earn a reasonable rate of return. (3) “Rate design” means the mix of end user rates, high-cost support, and other revenue sources that are targeted to provide a fair opportunity to meet the revenue requirement of the telephone corporation. (4) “Rate-of-return regulation” means a regulatory structure whereby the commission establishes a telephone corporation’s revenue requirement, and then fashions a rate design to provide the company a fair opportunity to meet the revenue requirement. (5) “Revenue requirement” means the amount that is necessary for a telephone corporation to recover its reasonable expenses and tax liabilities and earn a reasonable rate of return on its rate base. (6) “Small independent telephone corporations” are rural incumbent local exchange carriers subject to commission regulation. (c) In administering the CHCF-A program the commission shall do all of the following: (1) Continue to set rates to be charged by the small independent telephone corporations in accordance with Sections 451, 454, 455, and 728. (2) Employ rate-of-return regulation to determine a small independent telephone corporation’s revenue requirement in a manner that provides revenues and earnings sufficient to allow the telephone corporation to deliver safe, reliable, high-quality voice communication service and fulfill its obligations as a carrier of last resort in its service territory, and to afford the telephone corporation a fair opportunity to earn a reasonable return on its investments, attract capital for investment on reasonable terms, and ensure the financial integrity of the telephone corporation. (3) Ensure that rates charged to customers of small independent telephone corporations are just and reasonable and are reasonably comparable to rates charged to customers of urban telephone corporations. (4) Provide universal service rate support from the CHCF-A program to small independent telephone corporations in an amount sufficient to supply the portion of the revenue requirement that cannot reasonably be provided by the customers of each small independent telephone corporation after receipt of federal universal service rate support. (5) Promote customer access to advanced services and deployment of broadband-capable facilities in rural areas that is reasonably comparable to that in urban areas, consistent with national communications policy. (6) Include all reasonable investments necessary to provide for the delivery of high-quality voice communication services and the deployment of broadband-capable facilities in the rate base of small independent telephone corporations. (7) Ensure that support is not excessive so that the burden on all contributors to the CHCF-A program is limited. (d) In order to participate in the CHCF-A program, a small independent telephone corporation shall meet all of the following requirements: (1) Be subject to rate-of-return regulation. (2) Be subject to the commission’s regulation of telephone corporations pursuant to this division. (3) Be a carrier of last resort in their service territory. (4) Qualify as a rural telephone company under federal law (47 U.S.C. Sec. 153(44)). (e) Upon request from the commission, a small independent telephone corporation that receives support from the CHCF-A program shall provide information regarding revenues derived from the provision of unregulated internet access service by that corporation or its affiliate within that corporation’s telephone service territory. The commission shall treat as confidential any information provided pursuant to this subdivision. (f) The commission shall structure the CHCF-A program so that any charge imposed to promote the goals of universal service reasonably equals the value of the benefits of universal service to contributing entities and their subscribers. (g) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2022, Ch. 706, Sec. 1. (SB 857) Effective September 28, 2022. Repealed as of January 1, 2028, by its own provisions.)
  68. 27501.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. )

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    A qualifying district board may call an election to ask voters whether the district should be dissolved, and must do so if a petition signed by voters equal to at least 25% of the total vote cast is filed with the district secretary.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. ) ## 27501. The board of any district which operates no transit facilities, or with exterior boundaries coincident with the boundaries of a single city, may call an election at any time for the purpose of submitting to the voters of the district the question of whether the district will be dissolved. Upon the filing with the secretary of such a district of a petition signed by voters within the district equal in number to at least 25 percent of the total vote cast, asking that the question of dissolution of the district be submitted to the voters of the district, the board shall call such an election. (Added by Stats. 1955, Ch. 1036.)
  69. 27502.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. )

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    The election on whether the district should be dissolved must be held on the next established election date at least 74 days after the petition is filed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. ) ## 27502. The election for the purpose of submitting to the voters of the district the question of whether or not the district shall be dissolved shall be held on the next established election date not less than 74 days next succeeding the date on which the petition is filed. (Amended by Stats. 1973, Ch. 1146.)
  70. 27503.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. )

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    If an election for dissolution is noticed, the notice must be published, and the election date must be at least 30 days after the first publication.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. ) ## 27503. Notice of any election for dissolution, whether called because of the filing of a petition or ordered by the board without petition, shall be published. The date fixed for the election shall not be less than 30 days from the date of the first publication of the notice. (Added by Stats. 1955, Ch. 1036.)
  71. 27504.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. )

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    Election ballots must include the standard state-and-county ballot instructions and the question asking whether the transit district should be dissolved, with YES and NO choices.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. ) ## 27504. The ballots for the election shall contain substantially the instructions required to be printed on ballots for use at general state and county elections and in addition the following: Shall the “(giving the name thereof) transit district” be dissolved? YES NO (Added by Stats. 1955, Ch. 1036.)
  72. 27505.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. )

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    For this election, no notice beyond what this chapter requires needs to be given, and sample ballots do not need to be sent to voters.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. ) ## 27505. No other notice of the election other than that provided for in this chapter need be given and no sample ballots need be sent to the voters. (Added by Stats. 1955, Ch. 1036.)
  73. 27506.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. )

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    If the election canvass shows a majority for dissolution, the dissolution is treated as approved. The board must meet the next Monday after the election and canvass the votes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. ) ## 27506. If upon a canvass of the election it is found that a majority of all votes cast on the proposition at the election were in favor of the dissolution, the dissolution shall be deemed carried and approved by the voters. The board shall meet on Monday next succeeding the election and canvass the votes cast. (Added by Stats. 1955, Ch. 1036.)
  74. 27507.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. )

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    When a transit district is dissolved, its property passes to the city or county depending on the district’s boundaries and operations.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. ) ## 27507. Upon dissolution of any district which has boundaries that are coincident with the corporate limits of a city, the district property wherever situated vests absolutely in the city, and upon the dissolution of any district operating no transit facilities and which has boundaries that extend beyond the boundaries of a single city the property of the district wherever situated vests in the county in which the whole or greater portion of the district is situated. (Added by Stats. 1955, Ch. 1036.)
  75. 27508.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. )

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    When a district is dissolved and still owes debt, the city legislative authority or county board of supervisors must act as the district’s board of directors only to levy and collect taxes to pay the debt and interest.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. ) ## 27508. If at the time of dissolution there is any outstanding indebtedness of the district the legislative authority of the city, where the limits of the district lie wholly within the corporate limits of a city, and in all other cases the board of supervisors of the county in which the whole or greater portion of the district is situated are ex officio the board of directors of the district for the purpose only of the levy and collection of taxes for the payment of the indebtedness of the district existing at the time of dissolution and the interest thereon. The board or legislative authority shall levy the taxes and perform such other acts as are necessary to raise the money necessary for the payment of the indebtedness and the interest thereon. (Added by Stats. 1955, Ch. 1036.)
  76. 27509.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. )

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    If the dissolution proposition fails, no new dissolution election may be called for one year after the previous election.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501 - 27509] ( Heading of Part 1 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 11. Dissolution [27501 - 27509] ( Chapter 11 added by Stats. 1955, Ch. 1036. ) ## 27509. In the event that the proposition for dissolution fails to carry, no subsequent election for the dissolution of the district shall be called until after the expiration of one year from the date of the prior election. (Added by Stats. 1955, Ch. 1036.)
  77. 276.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    Creates an advisory committee and requires the commission to route and use program funds for the stated high-cost local exchange service program.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 276. (a) There is hereby created the California High-Cost Fund-B Administrative Committee, which is an advisory board to advise the commission regarding the development, implementation, and administration of a program to provide for transfer payments to telephone corporations providing local exchange services in high-cost areas in the state to create fair and equitable local rate structures, as provided for in Section 276.5, and to carry out the program pursuant to the commission’s direction, control, and approval. (b) All revenues collected through surcharges authorized by the commission to fund the program specified in subdivision (a) shall be submitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California High-Cost Fund-B Administrative Committee Fund. All interest earned by moneys in the fund shall be deposited in the fund. (c) Moneys appropriated from the California High-Cost Fund-B Administrative Committee Fund to the commission shall be utilized exclusively by the commission for the program specified in subdivision (a), including all costs of the board and the commission associated with the administration and oversight of the program and the fund. (Amended by Stats. 2014, Ch. 520, Sec. 5. (SB 1364) Effective September 20, 2014.)
  78. 276.5.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    The commission must run and maintain the CHCF-B program, set charges so they match universal service benefits, and review whether support should be reduced or eliminated where there is demonstrated competition.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 276.5. (a) The commission shall develop, implement, and maintain a suitable, competitively neutral, and broad-based program to establish a fair and equitable local rate support structure aided by universal service rate support to telephone corporations serving areas where the cost of providing services exceeds rates charged by providers, as determined by the commission. The program shall be known, and may be cited, as the California High-Cost Fund-B Administrative Committee Fund program or CHCF-B program. The purpose of the program shall be to promote the goals of universal telephone service and to reduce any disparity in the rates charged by those companies. Except as otherwise explicitly provided, this subdivision does not limit the manner in which the commission collects and disburses funds, and does not limit the manner in which it may include or exclude the revenue of contributing entities in structuring the program. (b) The commission shall structure the CHCF-B program so that any charge imposed to promote the goals of universal service reasonably equals the value of the benefits of universal service to contributing entities and their subscribers. (c) The commission shall investigate reducing the level of universal service rate support, or elimination of universal service rate support in service areas with demonstrated competition. (d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2022, Ch. 706, Sec. 2. (SB 857) Effective September 28, 2022. Repealed as of January 1, 2028, by its own provisions.)
  79. 277.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    This section creates an advisory committee for the lifeline telephone service program and requires certain program revenues to be submitted, transferred, and used only for that program.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 277. (a) There is hereby created the Universal Lifeline Telephone Service Trust Administrative Committee, which is an advisory board to advise the commission regarding the development, implementation, and administration of a program to ensure lifeline telephone service is available to the people of the state, as provided for in Article 8 (commencing with Section 871) of Chapter 4 of Part 1 of Division 1, and to carry out the program pursuant to the commission’s direction, control, and approval. (b) All revenues collected by telephone corporations in rates authorized by the commission to fund the program specified in subdivision (a) shall be submitted to the commission pursuant to a schedule established by the commission. Commencing on October 1, 2001, and continuing thereafter, the commission shall transfer the moneys received, and all unexpended revenues collected prior to October 1, 2001, to the Controller for deposit in the Universal Lifeline Telephone Service Trust Administrative Committee Fund. All interest earned by moneys in the fund shall be deposited in the fund. (c) Moneys appropriated from the Universal Lifeline Telephone Service Trust Administrative Committee Fund to the commission shall be utilized exclusively by the commission for the program specified in subdivision (a), including all costs of the board and the commission associated with the administration and oversight of the program and the fund. (Amended by Stats. 2001, Ch. 118, Sec. 21. Effective July 30, 2001.)
  80. 2771.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. )

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    The commission must set priority rankings for electricity and gas customers and uses, based on public benefit and public need, and must not create a priority that would reduce gas transmission to California under federal requirements.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. ) ## 2771. The commission shall establish priorities among the types or categories of customers of every electrical corporation and every gas corporation, and among the uses of electricity or gas by such customers. The commission shall determine which of such customers and uses provide the most important public benefits and serve the greatest public need and shall categorize all other customers and uses in order of descending priority based upon these standards. The commission shall establish no such priority after the effective date of this chapter which would cause any reduction in the transmission of gas to California pursuant to any federal rule, order, or regulation. (Added by Stats. 1976, Ch. 757.)
  81. 2772.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. )

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    The commission must consider several factors when setting electricity and gas service priorities, including customer needs, outage effects, extreme temperatures, public health and safety risks, and federal curtailment rules.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. ) ## 2772. In establishing the priorities pursuant to Section 2771, the commission shall include, but not be limited to, a consideration of all the following: (a) A determination of the customers and uses of electricity and gas, in descending order of priority, that provide the most important public benefits and serve the greatest public need. (b) A determination of the customers and uses of electricity and gas that are not included under subdivision (a). (c) A determination of the economic, social, and other effects of a temporary discontinuance in electrical or gas service to the customers or for the uses determined in accordance with subdivision (a) or (b). (d) A determination of the potential effect of extreme temperatures on the health and safety of residential customers. In making this determination, the commission shall do all of the following: (1) Consult with appropriate medical experts and review appropriate literature and research. (2) Consider whether providing priority to customers experiencing extreme temperatures would result in increased outage frequency and duration for remaining customers and its effect on the health and safety of those remaining customers. (3) To the extent the commission determines it is in the public interest to provide priority to customers that experience extreme temperatures, it shall provide that priority only when temperatures are extreme. (4) Consider whether alternative measures are appropriate, including, but not limited to, reducing the duration of the outage or imposing the outage earlier or later in the day. (e) A determination of unacceptable jeopardy or imminent danger to public health and safety that creates substantial likelihood of severe health risk requiring medical attention. (f) Any curtailment or allocation rules, orders, or regulations issued by any agency of the federal government. (g) The commission shall also consider the effect of providing a high priority to some customers on those customers who do not receive a high priority. (Amended by Stats. 2001, Ch. 447, Sec. 1. Effective October 3, 2001.)
  82. 2773.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. )

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    The commission may set priorities of use for a customer based on that customer’s gas or electricity uses.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. ) ## 2773. The commission may establish as many priorities of use for a customer as that customer has uses of gas or electricity. (Added by Stats. 1976, Ch. 757.)
  83. 2773.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. )

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    Industrial or commercial gas customers cannot be required to keep alternative fuel capability for certain gas equipment, and the commission is not required to give them higher gas priority because that requirement is removed.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. ) ## 2773.5. Notwithstanding any rule, order, or decision of the commission to the contrary, industrial or commercial gas customers shall not be required to maintain any alternative fuel capability with respect to equipment which uses gas to generate steam for enhanced crude oil recovery or which uses gas for purposes of cogeneration. Nothing in this section shall require the commission to assign these industrial customers any higher gas priority as a result of the elimination of this alternative fuel requirement. (Amended by Stats. 1984, Ch. 534, Sec. 1.)
  84. 2774.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. )

    Verify source ↗

    If an electrical or gas corporation has a shortage and cannot meet customer demand, the commission must order temporary service reductions as practicable, and it may require mutual assistance between corporations when federal law allows.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. ) ## 2774. In the event any electrical or gas corporation experiences any shortage of capacity or capability in the generation, production, or transmission of electricity or gas and is unable to obtain electricity or gas from any other source so that the corporation is unable to meet all demands by its customers, the commission shall, to the extent practicable, order that service be temporarily reduced by an amount that reflects the priorities established pursuant to this chapter, for the duration of the shortage. The commission may, to the extent permitted by federal law or regulation, require electrical or gas corporations to mutually assist each other in dealing with shortages resulting from inadequate fuel supplies, and shall determine the terms, including compensation, under which such assistance shall be provided. (Added by Stats. 1976, Ch. 757.)
  85. 2774.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. )

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    The commission must require electrical corporations to report service reliability details and publish the annual report, and it may order extra analyses or remediation if repeated reliability problems appear.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. ) ## 2774.1. (a) (1) The commission shall require an electrical corporation to include in an annual reliability report, required pursuant to Decision 96-09-045, as amended, or a decision that supersedes Decision 96-09-045, information on the reliability of service to end use customers that identifies, but is not limited to, the frequency and duration of interruptions in services. This information shall indicate areas with both the most frequent and longest outages, using local areas determined by the commission. The commission, in consultation with the electrical corporation, shall ensure that the geographical boundaries of local areas do not split up circuits for reporting purposes, if the electrical corporation aggregates data by circuits. The information shall be sufficiently aggregated to both maintain electrical system security, and be of use and relevance to affected customers of the electrical corporation. (2) Before July 1, 2014, the commission shall determine the local areas for the purposes of paragraph (1). (3) The requirements of paragraph (1) shall apply to annual reports due after July 1, 2014. (4) The electrical corporation shall conspicuously post on its Internet Web site the annual report required pursuant to Decision 96-09-045, as amended, or a decision that supersedes Decision 96-09-045. (b) (1) The commission shall use the information contained in an electrical corporation’s annual reliability report to require cost-effective remediation of reliability deficiencies if the report, or more than one report, identifies repeated deficiencies in the same local area as determined by the commission pursuant to paragraph (1) of subdivision (a). In requiring cost-effective remediation, the commission shall consult with the electrical corporation and consider mitigating factors that may impede an electrical corporation from implementing required cost-effective remediation, including, but not limited to, local permitting matters or other events or conditions or public policy considerations that may present higher priority safety or reliability issues. (2) The commission may suspend the requirements of paragraph (1) if the commission finds that expenditures by the electrical corporation to comply with that paragraph are not justified or that the remediation measures undertaken by the electrical corporation are not effective at improving reliability. (c) (1) The commission may order an electrical corporation to make more frequent trend analyses of local area service reliability and to make those analyses publicly available. (2) The information made publicly available shall provide sufficient confidentiality for purposes of protecting electrical system security. (3) The commission may make those analyses publicly available. (Added by Stats. 2013, Ch. 578, Sec. 1. (AB 66) Effective January 1, 2014.)
  86. 2774.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. )

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    Electrical corporations and local publicly owned electric utilities must promptly notify specified law enforcement and emergency officials when a planned power loss becomes known, and the notice must include location details.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. ) ## 2774.5. An electrical corporation or local publicly owned electric utility shall immediately notify the Commissioner of the California Highway Patrol, the Office of Emergency Services, and the sheriff and any affected chief of police of the specific area within their respective law enforcement jurisdictions that will sustain a planned loss of power as soon as the planned loss becomes known as to when and where that power loss will occur. The notification shall include common geographical boundaries, grid or block numbers of the affected area, and the next anticipated power loss area designated by the electrical corporation or public entity during rotating blackouts. (Amended by Stats. 2013, Ch. 352, Sec. 495. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  87. 2774.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. )

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    The commission must develop a residential and commercial air-conditioning load control program, after consulting the Energy Commission.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. ) ## 2774.6. The commission, in consultation with the Energy Commission, shall develop a program for residential and commercial customer air-conditioning load control, as an element of each electrical corporation’s tariffed service offerings paid for with electrical service rates. The goal of the program shall be to contribute to the adequacy of electricity supply and to help customers reduce their electrical service bills in a cost-effective manner. The program may include peak load reduction programs for residential and commercial air-conditioning systems, if the commission determines that the inclusion would be cost effective. (Amended by Stats. 2019, Ch. 396, Sec. 35. (AB 1513) Effective January 1, 2020.)
  88. 2775.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. )

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    An electrical or gas corporation is not liable for damages if it reduces or discontinues service under a commission order issued under this chapter.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. ) ## 2775. No electrical or gas corporation which reduces or discontinues service in accordance with any order of the commission issued pursuant to this chapter shall be liable for any damages to any person or property resulting from such reduction or discontinuance. (Added by Stats. 1976, Ch. 757.)
  89. 2775.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. )

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    Electrical or gas corporations need commission approval in defined situations before pursuing or funding solar energy development programs, and the commission has related filing, review, denial, suspension, and notice duties.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. ) ## 2775.5. (a) If an electrical or gas corporation desires to manufacture, lease, sell, or otherwise own or control any solar energy system, it shall submit to the commission, in such form as the commission may specify, a description of the proposed program of solar energy development which it desires to pursue. The corporation may pursue the program of solar energy development unless the commission, within 45 days after the commission has accepted the filing of the corporation’s description pursuant to this subdivision, orders the corporation to obtain from the commission the authorization to do so as provided in this section. In cases where the corporation seeks to pursue a program of solar energy development with costs and expenses to be passed through to the ratepayers, the corporation may not implement the program until it receives an authorization from the commission which includes findings and a determination, pursuant to subdivision (f), that the program is in the ratepayers’ interest. No such authorization shall be required for any solar energy system which is owned or controlled for experimental or demonstration purposes. As used in this subdivision, “experimental or demonstration purposes” means a limited program of installation, use, or development the sole purpose of which is to investigate the technical viability or economic cost effectiveness of a solar application. (b) The commission shall deny the authorization sought if it finds that the proposed program will restrict competition or restrict growth in the solar energy industry or unfairly employ in a manner which would restrict competition in the market for solar energy systems any financial, marketing, distributing, or generating advantage which the corporation may exercise as a result of its authority to operate as a public utility. Before granting any such authorization, the commission shall find that the program of solar energy development proposed by the corporation will accelerate the development and use of solar energy systems in this state for the duration of the program. (c) The commission shall suspend or terminate any authorization granted pursuant to this section whenever it finds and determines that the program of solar energy development no longer qualifies for the authorization under subdivision (b). This subdivision applies to all programs of solar energy development undertaken by a gas or electrical corporation pursuant to this section, including programs undertaken pursuant to subdivision (a) without formal authorization of the commission. (d) As used in this section, “solar energy system” means equipment which uses solar energy to heat or cool or produce electricity and which has a useful life of at least three years. “Solar energy system” does not include an electric plant as defined by Section 217. (e) The commission shall prescribe the form of the description required by subdivision (a) by July 1, 1990. The description of the solar energy program filed with the commission shall include, but not be limited to, a showing that the program will not restrict competition, or restrict growth in the solar energy industry, or unfairly employ any financial, marketing, distributing, or generation advantage by the corporation on behalf of the solar energy program. (f) The costs and expenses of implementing a program of solar energy development proposed pursuant to this section shall not be passed through to the ratepayers of an electrical or gas corporation unless the commission finds and determines that it is in the ratepayers’ interest to do so. (g) An electrical or gas corporation shall file a written notice with the commission in all cases where one of its subsidiaries seeks to implement a solar energy development program. If an affiliate of an electrical or gas corporation seeks to implement a solar energy development program, the electrical or gas corporation shall notify the commission of its affiliate’s actions annually, in a form prescribed by the commission. If the electrical or gas corporation intends to provide financial, marketing, or distribution assistance to any subsidiary or affiliate thereof in implementing the subsidiary’s or affiliate’s program of solar energy development, the electrical or gas corporation shall obtain authorization from the commission to provide that assistance. Authorization by the commission shall be given in the manner provided in subdivisions (a) and (b), and suspension or termination by the commission may be imposed in the manner provided in subdivision (c). (h) The commission shall provide public notice of the receipt of any corporation filings submitted pursuant to this section. (Amended by Stats. 1990, Ch. 339, Sec. 1.)
  90. 2775.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. )

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    The commission must review gas corporation requests to recover certain costs or liabilities in rates, and must disallow those costs if it finds a knowing and intentional violation of Health and Safety Code Section 25421 on or after January 1, 1989.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. ) ## 2775.6. Every request for the recovery in rates of any costs or liability incurred by a gas corporation and resulting from any violation of Section 25421 of the Health and Safety Code, or of any costs, damages, penalties, or other liabilities incurred in connection with the sale of landfill gas containing chemicals known to the state to cause cancer or reproductive toxicity shall be reviewed by the commission for the purposes of establishing rates for the gas corporation. If the commission finds that the gas corporation, on or after January 1, 1989, knowingly and intentionally violated Section 25421 of the Health and Safety Code, the costs and liability shall be disallowed by the commission for purposes of determining rates. (Amended by Stats. 2012, Ch. 162, Sec. 160. (SB 1171) Effective January 1, 2013.)
  91. 2775.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. )

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    The commission must report and present information about any needed moratorium on new natural gas service connections, and gas corporations must promptly notify affected customers if a suspension is pending.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4.5. Electrical and Gas Corporations [2771 - 2775.7] ( Chapter 4.5 added by Stats. 1976, Ch. 757. ) ## 2775.7. (a) (1) If the commission determines that a moratorium on new natural gas service connections is necessary to prevent substantial and imminent harm or to ensure gas system reliability, the commission shall state the necessity for the action in a report provided to all of the following entities: (A) The Assembly Committee on Utilities and Energy. (B) The Senate Committee on Energy, Utilities and Communications. (C) All affected gas corporations. (2) The commission shall include in the report to the policy committees of the Legislature specified in paragraph (1) factual findings supporting the need to propose a moratorium on new natural gas service connections. The report shall include, but is not limited to, all of the following: (A) The number of pending gas service connection applications with each affected gas corporation. (B) The estimated gas load deferred under the proposed moratorium. (C) The system constraints that led to the proposed moratorium. (D) Alternative actions considered to address the proposed need for a moratorium, including increasing or restoring natural gas transmission and storage infrastructure, and the reason those actions were not taken or were insufficient. (E) The process for a customer to request an exemption from the moratorium. (b) When a gas corporation receives notification from the commission that an action is pending to suspend new gas service connections, the gas corporation shall immediately notify any known potential or current customers that may experience a service impact as a result of the proposed suspension. (c) The commission shall, at the yearly informational hearings pursuant to Section 321.6, present to the Assembly Committee on Utilities and Energy and the Senate Committee on Energy, Utilities and Communications the status of natural gas service connections and efforts to provide natural gas supply. (Added by Stats. 2018, Ch. 481, Sec. 1. (AB 1879) Effective September 18, 2018.)
  92. 2776.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Electrical Cooperatives [2776 - 2778] ( Chapter 5 added by Stats. 1975, Ch. 451. )

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    This section defines “electrical cooperative” as a private corporation or association that transmits or distributes electricity only to its stockholders or members at cost.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Electrical Cooperatives [2776 - 2778] ( Chapter 5 added by Stats. 1975, Ch. 451. ) ## 2776. As used in this chapter, the term “electrical cooperative” means any private corporation or association organized for the purposes of transmitting or distributing electricity exclusively to its stockholders or members at cost. (Added by renumbering Section 2781 (as added by Stats. 1975, Ch. 451) by Stats. 1977, Ch. 579.)
  93. 2777.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Electrical Cooperatives [2776 - 2778] ( Chapter 5 added by Stats. 1975, Ch. 451. )

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    The commission has no authority to set rates or regulate certain borrowing and property transactions of electrical cooperatives.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Electrical Cooperatives [2776 - 2778] ( Chapter 5 added by Stats. 1975, Ch. 451. ) ## 2777. The commission shall have no authority to establish rates or regulate the borrowing of money, the issuance of evidences of indebtedness, or the sale, lease, assignment, mortgage, or other disposal or encumbrance of the property of any electrical cooperative. (Added by renumbering Section 2782 (as added by Stats. 1975, Ch. 451) by Stats. 1977, Ch. 579.)
  94. 2778.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Electrical Cooperatives [2776 - 2778] ( Chapter 5 added by Stats. 1975, Ch. 451. )

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    Electrical cooperatives are generally subject to Part 1, unless this chapter says otherwise.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Electrical Cooperatives [2776 - 2778] ( Chapter 5 added by Stats. 1975, Ch. 451. ) ## 2778. Except as otherwise specified in this chapter, every electrical cooperative is subject to Part 1 (commencing with Section 201). (Amended by Stats. 1984, Ch. 144, Sec. 170.)
  95. 278.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    This section creates an advisory committee for deaf and disabled telecommunications programs and sets rules for who may serve, how revenues are submitted and transferred, and how the fund may be used.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 278. (a) (1) Commencing on July 1, 2003, there is hereby created the Telecommunications Access for Deaf and Disabled Administrative Committee, formerly the Deaf and Disabled Telecommunications Program Administrative Committee, as an advisory board to advise the commission regarding the development, implementation, and administration of programs to provide specified telecommunications services and equipment to persons in this state who are deaf or disabled, as provided for in Sections 2881, 2881.1, and 2881.2. (2) In addition to the membership qualifications established by the commission pursuant to subdivision (a) of Section 271, the commission shall establish qualifications for persons to serve as members of the Telecommunications Access for Deaf and Disabled Administrative Committee so that consumers of telecommunications services for the deaf and disabled comprise not less than two-thirds of the membership of the committee. To the extent feasible, one of those members shall have experience in the administration of programs similar to those provided for in Sections 2881, 2881.1, and 2881.2. (3) As part of its advisory role, as specified in paragraph (1), the Telecommunications Access for Deaf and Disabled Administrative Committee shall advise the commission regarding contracts and agreements related to the Deaf and Disabled Telecommunications Program as specified in subdivisions (d) and (e) of Section 2881.4. (b) All revenues collected by telephone corporations in rates authorized by the commission to fund the programs specified in subdivision (a) shall be submitted to the commission pursuant to a schedule established by the commission. Commencing on July 1, 2003, and continuing thereafter, the commission shall transfer the moneys received, and all unexpended revenue collected prior to July 1, 2003, to the Controller for deposit in the Deaf and Disabled Telecommunications Program Administrative Committee Fund. All interest earned by moneys in the fund shall be deposited in the fund. Those revenues that are collected pursuant to subdivision (g) of Section 2881 shall be accounted for separately, as required by subdivision (b) of Section 2881.2, and deposited in the fund created by the commission pursuant to subdivision (b) of Section 2881.2. (c) Moneys appropriated from the Deaf and Disabled Telecommunications Program Administrative Committee Fund to the commission shall be utilized exclusively by the commission for the programs specified in subdivision (a), including all costs of the committee and the commission associated with the administration and oversight of the programs and the fund. (d) Commencing on July 1, 2003, staffing costs incurred by the commission for oversight and administration of the programs described in subdivision (a) shall be funded by moneys appropriated from the Deaf and Disabled Telecommunications Program Administrative Committee Fund. (Amended by Stats. 2012, Ch. 162, Sec. 153. (SB 1171) Effective January 1, 2013.)
  96. 2780.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5.5. Electric Microutilities [2780 - 2780.1] ( Chapter 5.5 added by Stats. 2004, Ch. 639, Sec. 1. )

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    This section defines “electric microutility.”

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5.5. Electric Microutilities [2780 - 2780.1] ( Chapter 5.5 added by Stats. 2004, Ch. 639, Sec. 1. ) ## 2780. As used in this chapter, the term “electric microutility” means any electrical corporation that is regulated by the commission and organized for the purpose of providing sole-source generation, distribution, and sale of electricity exclusively to a customer base of fewer than 2,000 customers. (Added by Stats. 2004, Ch. 639, Sec. 1. Effective January 1, 2005.)
  97. 2780.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5.5. Electric Microutilities [2780 - 2780.1] ( Chapter 5.5 added by Stats. 2004, Ch. 639, Sec. 1. )

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    The commission is directed to consider the costs an electric microutility would face before naming it as a respondent in a generally applicable electrical-corporation hearing.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5.5. Electric Microutilities [2780 - 2780.1] ( Chapter 5.5 added by Stats. 2004, Ch. 639, Sec. 1. ) ## 2780.1. (a) It is the intent of the Legislature that the commission consider the legal, administrative, and operational costs that an electric microutility faces if it is named as a respondent in a hearing generally applicable to electrical corporations. The limited resources of a microutility are disproportionately strained by the cost of response. (b) Further, it is the intent of the Legislature that the commission consider the costs described in subdivision (a) before naming an electric microutility as a respondent in a hearing generally applicable to electrical corporations. (Added by Stats. 2004, Ch. 639, Sec. 1. Effective January 1, 2005.)
  98. 2781.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. )

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    This section defines “electrical corporation” and “gas corporation” for this chapter by pointing to definitions in other code sections.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. ) ## 2781. As used in this chapter, the term “electrical corporation” shall have the same meaning as prescribed in Section 218, and the term “gas corporation” shall have the same meaning as prescribed in Section 222. (Added by Stats. 1975, Ch. 1202.)
  99. 2782.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. )

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    The commission must allow electrical or gas corporations to start home insulation assistance and financing programs for residential customers, and it must adopt implementing requirements by regulation or order.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. ) ## 2782. The commission shall permit any electrical or gas corporation to institute a home insulation assistance and financing program for its residential customers in accordance with the provisions of this chapter. The commission shall develop and adopt, by regulation or order, such requirements as it finds are necessary or desirable to implement the provisions of this chapter. (Added by Stats. 1975, Ch. 1202.)
  100. 2783.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. )

    Verify source ↗

    A home insulation assistance and financing program must comply with requirements in Sections 2784 to 2786 and any additional requirements the commission may impose.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. ) ## 2783. A home insulation assistance and financing program shall meet the requirements specified in Sections 2784 to 2786, inclusive, and such other requirements as the commission may impose. (Added by Stats. 1975, Ch. 1202.)
  101. 2784.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. )

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    Eligible customers may apply for home insulation assistance and financing, but must meet credit criteria set by the corporation and approved by the commission to qualify.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. ) ## 2784. A customer of a participating electrical or gas corporation who is the owner or mortgagor of real property or tenant of such property with a written consent of the owner may apply to the corporation for home insulation assistance and financing. To qualify for financing, such customer must meet the credit criteria as may reasonably be established by the corporation as approved by the commission. (Amended by Stats. 1976, Ch. 930.)
  102. 2785.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. )

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    The corporation must arrange licensed contractors, start work after estimate approval, and arrange inspection of part of the work. Attic insulation must meet applicable requirements unless compliance is impossible or impractical in an existing structure and an alternative satisfactory method is available.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. ) ## 2785. Upon approval of an application, the corporation shall arrange for a licensed contractor to perform the necessary work. Upon approval of an estimate by the customer and the corporation, the corporation shall direct the work to commence. All attic insulation installations shall meet or exceed requirements applicable at the time of installation or as may be established for existing residential structures, except where such compliance is impossible or impractical in an existing structure and an alternative method or procedure providing satisfactory results is available. The corporation shall arrange for inspection of a representative portion of the work performed pursuant to this chapter. As used in this section, the term “attic” means any air spaces between the ceiling and roof of a residential dwelling which are accessible for the purpose of the installation of insulation. (Amended by Stats. 1976, Ch. 930.)
  103. 2786.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. )

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    An electrical or gas corporation must arrange billing and repayment terms for customers whose home insulation was installed under this chapter.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. ) ## 2786. An electrical or gas corporation shall provide for payment by a customer for whom home insulation has been installed pursuant to this chapter through such periodic billing procedures as may be established by the corporation. The corporation may require an initial payment toward the insulation services of not greater than 20 percent with the balance due payable in equal installments during a period of 36 months following completion of the work, or at such greater rate of repayment as the customer may elect. Finance charges shall not be greater than the maximum allowable finance charges permitted for retail installment contracts. Acceptable credit cards may be utilized in lieu of these financial arrangements. (Amended by Stats. 1976, Ch. 930.)
  104. 2787.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. )

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    An electrical or gas corporation may arrange home-insulation loans with lending institutions and may bill the customer through the utility bill. The financing terms must include 36 monthly installments, no corporate liability for customer default, and credit approval left to the lender, unless acceptable credit cards are used instead.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. ) ## 2787. As an alternative to the provisions of Section 2786, an electrical or gas corporation may conclude financial arrangements with one or more lending institutions in this state engaged in making home improvement loans to provide loans to customers for purposes of home insulation pursuant to this chapter. The corporation may provide for payment of the loan balance by the customer through the corporation’s regular bill for public utility services. Any such financial arrangements shall include all of the following provisions: (a) The amount financed shall be payable in equal installments during a period of 36 months following completion of the work, or at such greater rate of repayment as the customer may elect. (b) Provision that the corporation shall not be liable to the lending institution in the event of the customer’s default. (c) Provision that approval of the customer’s credit shall be at the option of the lending institution. Notwithstanding any language contained in this section, acceptable credit cards may be utilized in lieu of the above provisions. (Amended by Stats. 1976, Ch. 930.)
  105. 2788.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. )

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    The commission must allow certain program-related expenses in utility rates and may disapprove advertising or promotion that does not reasonably support the program’s success.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. ) ## 2788. The commission shall allow for purposes of setting the rates of any electrical or gas corporation participating in a home insulation assistance and financing program all expenses which the commission finds are reasonably related to the implementation and administration of the program, including commercial advertising. The commission may disapprove any such advertising or promotion which the commission finds is not reasonably designed to promote the success of the home insulation financial assistance program. (Amended by Stats. 1976, Ch. 930.)
  106. 2789.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. )

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    The commission may allow or require electrical or gas corporations to run energy conservation programs for customers, and any licensed work done under those programs must be performed by a licensed contractor.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. ) ## 2789. Notwithstanding any provision of this part, the commission may permit or require any electrical or gas corporation subject to its jurisdiction to institute energy conservation programs for its customers, including related financial assistance at terms found reasonable by the commission. Such terms may include any provision of this chapter. This chapter shall not apply to solar water heating systems or active solar space conditioning systems. The commission shall initiate appropriate actions to secure exemptions or waivers which may be required under federal law. Nothing in this chapter shall expand, limit, or contract the general powers of the commission contained in this part or the authority of the commission regarding the terms and conditions of service by a utility. Any work requiring a license pursuant to Chapter 9 of Division 3 (commencing with Section 7000) of the Business and Professions Code which is performed pursuant to such an energy conservation program shall be performed by a licensed contractor. (Added by Stats. 1979, Ch. 1064.)
  107. 2790.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. )

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    The commission must require electrical or gas corporations to provide home weatherization services to low-income customers when a significant need exists, and weatherization programs must use a needs assessment.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Home Insulation Assistance and Financing [2781 - 2790] ( Heading of Chapter 6 renumbered from Chapter 5 (as added by Stats. 1975, Ch. 1202) by Stats. 1977, Ch. 579. ) ## 2790. (a) The commission shall require an electrical or gas corporation to perform home weatherization services for low-income customers if the commission determines that a significant need for those services exists in the corporation’s service territory, taking into consideration both the cost-effectiveness of the services and the policy of reducing the hardships facing low-income households. (b) (1) For purposes of this section, “weatherization” may include, where feasible, any of the following measures for any dwelling unit: (A) Attic insulation. (B) Caulking. (C) Weatherstripping. (D) Low-flow showerhead. (E) Waterheater blanket. (F) Door and building envelope repairs that reduce air infiltration. (2) The commission shall direct an electrical or gas corporation to provide as many of these measures as are feasible for each eligible low-income dwelling unit. (c) For purposes of this section, “weatherization” may also include other building conservation measures, energy management technology, energy-efficient appliances, and energy education programs determined by the commission to be feasible, taking into consideration for all measures both the cost-effectiveness of the measures as a whole and the policy of reducing energy-related hardships facing low-income households. (d) Weatherization programs shall use the needs assessment pursuant to Section 382.1 to maximize efficiency of delivery. (e) For purposes of this section, “energy management technology” may include a product, service, or software that allows a customer to better understand and manage electricity or gas use in the customer’s home. (f) (1) For purposes of this section, “low-income customers” means persons and families whose household income is at or below 250 percent of the federal poverty level. (2) The commission shall not increase the authorized budgets for the Energy Savings Assistance Program based on the expansion of income eligibility made under paragraph (1). (g) This section shall become operative on July 1, 2022. (Repealed (in Sec. 1) and added by Stats. 2021, Ch. 248, Sec. 2. (SB 756) Effective January 1, 2022. Operative July 1, 2022, by its own provisions.)
  108. 280.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    The commission must run a discounted-rate universal service program, collect and transfer fund revenues, and follow notice and rate-increase limits tied to the fund loan rules.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 280. (a) The commission shall develop, implement, and administer a program to advance universal service by providing discounted rates to qualifying schools maintaining kindergarten or any of grades 1 to 12, inclusive, community colleges, libraries, hospitals, health clinics, and community organizations, consistent with Chapter 278 of the Statutes of 1994. (b) There is hereby created the California Teleconnect Fund Administrative Committee, which is an advisory board to advise the commission regarding the development, implementation, and administration of a program to advance universal service by providing discounted rates to qualifying schools maintaining kindergarten or any of grades 1 to 12, inclusive, community colleges, libraries, hospitals, health clinics, and community organizations, consistent with Chapter 278 of the Statutes of 1994, and to carry out the program pursuant to the commission’s direction, control, and approval. (c) All revenues collected by telephone corporations in rates authorized by the commission to fund the program specified in subdivision (a) shall be submitted to the commission pursuant to a schedule established by the commission. The commission shall transfer the moneys received to the Controller for deposit in the California Teleconnect Fund Administrative Committee Fund. All interest earned by moneys in the fund shall be deposited in the fund. (d) Except as provided in subdivisions (e) and (g), moneys appropriated from the California Teleconnect Fund Administrative Committee Fund to the commission shall be utilized exclusively by the commission for the program specified in subdivision (a), including all costs of the board and the commission associated with the administration and oversight of the program and the fund. (e) Moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003 are subject to Section 16320 of the Government Code. If the commission determines a need for moneys in the California Teleconnect Fund Administrative Committee Fund, the commission shall notify the Director of Finance of the need, as specified in Section 16320 of the Government Code. The commission may not increase the rates authorized by the commission to fund the program specified in subdivision (b) while moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003 are outstanding unless both of the following conditions are satisfied: (1) The Director of Finance, after making a determination pursuant to subdivision (b) of Section 16320 of the Government Code, does not order repayment of all or a portion of any loan from the California Teleconnect Fund Administrative Committee Fund within 30 days of notification by the commission of the need for the moneys. (2) The commission notifies the Director of Finance and the Chairperson of the Joint Legislative Budget Committee in writing that it intends to increase the rates authorized by the commission to fund the program specified in subdivision (a). The notification required pursuant to this paragraph shall be made 30 days in advance of the intended rate increase. (f) Subdivision (e) shall become inoperative upon full repayment or discharge of all moneys loaned from the California Teleconnect Fund Administrative Committee Fund in the Budget Act of 2003. (g) (1) Consistent with Decision 11-09-016 (September 8, 2011) Decision Granting Authority to Provide Emergency Access to 211 Services in Counties and Localities Without Existing 211 Centers and to Appoint a 211 Lead Entity, if it determines that doing so is an appropriate use of funds collected from ratepayers, the commission may expend up to one million five hundred thousand dollars ($1,500,000) from the California Teleconnect Fund Administrative Committee Fund for one-time costs to help close 2-1-1 service gaps in counties lacking access to disaster preparedness, response, and recovery information and referral services, where technically feasible, through available 2-1-1 service. As the lead agency appointed by the commission in Decision 11-09-016, 2-1-1 California may apply to the commission for use of the funds in the counties that lack 2-1-1 service. If the commission determines that doing so is an appropriate use of funds collected from ratepayers, these costs may include local implementation of a coordinated database that is owned by a city or county to provide referrals to help with nonemergency aspects of disaster planning, recovery, and response. (2) This subdivision shall become inoperative on January 1, 2023. (Amended by Stats. 2016, Ch. 841, Sec. 2. (SB 1212) Effective January 1, 2017.)
  109. 280.5.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    This section sets aside certain fee revenues for digital divide work, creates a Digital Divide Account and Grant Program, and limits how the funds may be used.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 280.5. (a) Of the revenues from fees collected pursuant to Section 14666.8 of the Government Code after the operative date of this section, except for revenues from fees from a lease agreement for access to Department of Transportation property or a lease agreement existing prior to the operative date of the section, 15 percent shall be available, upon appropriation by the Legislature, for the purpose of addressing the state’s digital divide. (b) Revenues described in subdivision (a) shall be deposited in the Digital Divide Account, which is hereby established in the California Teleconnect Fund Administrative Committee Fund established pursuant to Section 270, to be used only for digital divide pilot projects. Not more than 5 percent of the revenues described in subdivision (a) may be used to pay the costs incurred in connection with the administration of digital divide pilot projects by the commission. (c) (1) The Digital Divide Grant Program is hereby established subject to the availability of funding pursuant to this section. The commission may not implement the grant program until the commission projects that at least five hundred thousand dollars ($500,000) will be available in the Digital Divide Account during the calendar year following implementation, based on money collected pursuant to Section 14666.8 of the Government Code. (2) The commission shall provide grants pursuant to this subdivision on a competitive basis subject to criteria to be established by the commission and in a way that disburses the funds widely, including urban and rural areas. Grants shall be awarded to community-based nonprofit organizations that are exempt from taxation under Section 501(c)(3) of the Internal Revenue Code for the purpose of funding community technology programs. (3) Recipients of grants pursuant to this subdivision shall report to the commission annually on the effectiveness of the grant program. (d) For purposes of this section, “community technology programs” means a program that is engaged in diffusing technology in local communities and training local communities in the use of technology, especially local communities that otherwise would have no access or limited access to the Internet and other technologies. (e) For purposes of this section, “digital divide projects” means community technology programs involved in activities that include, but are not limited to, the following: (1) Providing open access to and opportunities for training in technology. (2) Developing content relevant to the interests and wants of the local community. (3) Preparing youth for opportunities in the new economy through multimedia training and skills. (4) Harnessing technology for e-government services. (Amended by Stats. 2015, Ch. 612, Sec. 2. (SB 697) Effective January 1, 2016.)
  110. 2801.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. )

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    The Legislature states that private energy producers should be encouraged to develop independent natural gas and electric energy sources, and that public utilities may need to transmit that energy under certain conditions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. ) ## 2801. The Legislature hereby finds and declares that in order to promote the more rapid development of new sources of natural gas and electric energy, to maintain the economic vitality of the state through the continuing production of goods and the employment of its people, and to promote the efficient utilization and distribution of energy, it is desirable and necessary to encourage private energy producers to competitively develop independent sources of natural gas and electric energy not otherwise available to California consumers served by public utilities, to require the transmission by public utilities of such energy for private energy producers under certain conditions, and remove unnecessary barriers to energy transactions involving private energy producers. (Added by Stats. 1976, Ch. 915.)
  111. 2802.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. )

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    This section defines “private energy producer” and says such a producer is not treated as a public utility solely because it carries out activity authorized by this chapter.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. ) ## 2802. “Private energy producer” includes every person, corporation, city, county, district, and public agency of the state generating or producing electricity not generated from conventional sources or natural gas for energy either directly or as a byproduct solely for his or its own use or the use of his or its tenants; or generating or producing electricity, or owning the means thereof, to or for any electrical corporation, heat corporation, state agency, city, county, district, or an association thereof, but not to or for the public for any other purpose. Notwithstanding any other provision of law, a private energy producer shall not be found to be a public utility subject to the general jurisdiction of the commission solely because of conducting any activity authorized by this chapter. (Amended by Stats. 1978, Ch. 1271.)
  112. 2803.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. )

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    This section defines “interconnection” for private energy producers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. ) ## 2803. “Interconnection” means the facilities necessary to physically connect the energy source of and the point of use by a private energy producer with the existing transmission facilities of a public utility, and shall include any necessary transformation, compression or other facilities necessary to make such interconnection effective. (Added by Stats. 1976, Ch. 915.)
  113. 2804.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. )

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    This section defines “transmission service” as certain intrastate electricity or natural gas transfers by a public utility for a private energy producer.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. ) ## 2804. “Transmission service” means the intrastate transfer of electricity or natural gas by a public utility for any private energy producer between the points of interconnection for use within this state in the service area of the utility. (Added by Stats. 1976, Ch. 915.)
  114. 2805.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. )

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    This section defines “conventional power source” as power from nuclear energy, hydropower facilities over 30 megawatts, or burning fossil fuels, unless cogeneration technology is used.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. ) ## 2805. “Conventional power source” means power derived from nuclear energy or the operation of a hydropower facility greater than 30 megawatts or the combustion of fossil fuels, unless cogeneration technology, as defined in Section 25134 of the Public Resources Code, is employed in the production of such power. (Amended by Stats. 1980, Ch. 1084, Sec. 3.)
  115. 2806.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. )

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    This section defines “fossil fuel” as a mixture of hydrocarbons such as coal, petroleum, or natural gas extracted from underground deposits.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. ) ## 2806. “Fossil fuel” means a mixture of hydrocarbons including coal, petroleum, or natural gas, occurring in and extracted from underground deposits. (Added by Stats. 1976, Ch. 915.)
  116. 2807.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. )

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    This section defines “standby charge” as a charge an electrical corporation imposes for standby generation, transmission, and distribution facilities provided to certain private energy producers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 1. General Provisions and Definitions [2801 - 2807] ( Article 1 added by Stats. 1976, Ch. 915. ) ## 2807. “Standby charge” means a charge by an electrical corporation for providing standby generation, transmission, and distribution facilities to a private energy producer employing other than a conventional power source for the generation of electricity. (Added by Stats. 1980, Ch. 373, Sec. 1.)
  117. 281.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    The commission must run the California Advanced Services Fund and use it to expand broadband access, prioritize unserved areas, and manage related grant accounts and reporting.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 281. (a) The commission shall develop, implement, and administer the California Advanced Services Fund to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies, consistent with this section and with the statements of intent in Section 2 of the Internet for All Now Act (Chapter 851 of the Statutes of 2017). (b) (1) (A) The goal of the Broadband Infrastructure Grant Account is, no later than December 31, 2032, to approve funding for infrastructure projects that will provide broadband access to no less than 98 percent of California households in each consortia region, as identified by the commission. The commission shall be responsible for achieving the goals of the program. (B) For purposes of the Broadband Infrastructure Grant Account, both of the following definitions apply: (i) “Mbps” means megabits per second. (ii) (I) Except as provided in subclause (II), “unserved area” means an area for which there is no facility-based broadband provider offering at least one tier of broadband service at speeds of at least 25 mbps downstream, 3 mbps upstream, and a latency that is sufficiently low to allow realtime interactive applications, considering updated federal and state broadband mapping data. (II) For projects funded, in whole or in part, from moneys received from the federal Rural Digital Opportunity Fund, “unserved area” means an area in which no facility-based broadband provider offers broadband service at speeds consistent with the standards established by the Federal Communications Commission pursuant to In the Matter of Rural Digital Opportunity Fund, WC Docket No. 19-126, Report and Order, FCC 20-5 (adopted January 30, 2020, and released February 7, 2020), or as it may be later modified by the Federal Communications Commission. (2) In approving infrastructure projects funded through the Broadband Infrastructure Grant Account, the commission shall do both of the following: (A) Approve projects that provide last-mile broadband access to households that are unserved by an existing facility-based broadband provider. (B) (i) Prioritize projects in unserved areas where internet connectivity is available only at speeds at or below 10 mbps downstream and 1 mbps upstream or areas with no internet connectivity. (ii) This subparagraph does not prohibit the commission from approving funding for projects outside of the areas specified in clause (i). (3) Moneys appropriated for purposes of this section may be used to match or leverage federal moneys for communications infrastructure, digital equity, and adoption, including, but not limited to, moneys from the United States Department of Commerce Economic Development Administration, the United States Department of Agriculture ReConnect Loan and Grant Program, and the Federal Communications Commission for communications infrastructure, digital equity, and adoption. (4) The commission shall transition California Advanced Services Fund program methodologies to provide service to serviceable locations and evaluate other program changes to align with other funding sources, including, but not limited to, funding locations. (5) The commission shall maximize investments in new, robust, and scalable infrastructure and use California Advanced Services Fund moneys to leverage federal and non-California Advanced Services Fund moneys by undertaking activities, including, but not limited to, all of the following: (A) Providing technical assistance to local governments and providers. (B) Assisting in developing grant applications. (C) Assisting in preparing definitive plans for deploying necessary infrastructure in each county, including coordination across contiguous counties. (6) Moneys appropriated for purposes of this section may be used to fund projects that deploy broadband infrastructure to unserved nonresidential facilities used for local and state emergency response activities, including, but not limited to, fairgrounds. (c) The commission shall establish the following accounts within the fund: (1) The Broadband Infrastructure Grant Account. (2) The Rural and Urban Regional Broadband Consortia Grant Account. (3) The Broadband Public Housing Account. (4) The Broadband Adoption Account. (5) The Federal Funding Account. (d) (1) The commission shall transfer the moneys received by the commission from the surcharge the commission may impose pursuant to paragraph (4) to fund the accounts to the Controller for deposit into the California Advanced Services Fund. (2) All interest earned on moneys in the fund shall be deposited into the fund. (3) The commission may make recommendations to the Legislature regarding appropriations from the California Advanced Services Fund and the accounts established pursuant to subdivision (c). (4) For the period described in Section 281.1, the commission may collect a sum not to exceed one hundred fifty million dollars ($150,000,000) per year. (e) All moneys in the California Advanced Services Fund, including moneys in the accounts within the fund, shall be available, upon appropriation by the Legislature, to the commission for the California Advanced Services Fund program administered by the commission pursuant to this section, including the costs incurred by the commission in developing, implementing, and administering the program and the fund. (f) In administering the Broadband Infrastructure Grant Account, the commission shall do all of the following: (1) The commission shall award grants from the Broadband Infrastructure Grant Account on a technology-neutral basis, taking into account the useful economic life of capital investments, and including both wireline and wireless technology. (2) The commission shall consult with regional consortia, stakeholders, local governments, existing facility-based broadband providers, and consumers regarding unserved areas and cost-effective strategies to achieve the broadband access goal through public workshops conducted at least annually no later than April 30 of each year. (3) The commission shall identify unserved rural and urban areas and delineate the areas in the annual report prepared pursuant to Section 914.7. (4) An existing facility-based broadband provider may, but is not required to, apply for funding from the Broadband Infrastructure Grant Account to make an upgrade pursuant to this subdivision. (5) Projects eligible for grant awards shall deploy infrastructure capable of providing broadband access at speeds of a minimum of 100 mbps downstream and 20 mbps upstream, or the most current broadband definition speed standard set by the Federal Communications Commission from time to time, as determined appropriate by the commission, whichever broadband access speed is greater, to unserved areas or unserved households. (6) (A) An individual household or property owner shall be eligible to apply for a grant to offset the costs of connecting the household or property to an existing or proposed facility-based broadband provider. Any infrastructure built to connect a household or property with funds provided under this paragraph shall become the property of, and part of, the network of the facility-based broadband provider to which it is connected. (B) (i) In approving a project pursuant to this paragraph, the commission shall consider limiting funding to households based on income so that funds are provided only to households that would not otherwise be able to afford a line extension to the property, limiting the amount of grants on a per-household basis, and requiring a percentage of the project to be paid by the household or the owner of the property. (ii) The aggregate amount of grants awarded pursuant to this paragraph shall not exceed five million dollars ($5,000,000). (7) An entity that is not a telephone corporation shall be eligible to apply to participate in the program administered by the commission pursuant to this section to provide access to broadband to an unserved area if the entity otherwise meets the eligibility requirements and complies with program requirements established by the commission. (8) The commission shall provide each applicant, and any party challenging an application, the opportunity to demonstrate actual levels of broadband service in the project area, which the commission shall consider in reviewing the application. (9) The commission shall establish a service list of interested parties to be notified of any California Advanced Services Fund applications. Any application and any amendment to an application for project funding shall be served to those on the service list and posted on the commission’s internet website at least 30 days before publishing the corresponding draft resolution. (10) A grant awarded pursuant to this subdivision may include funding for the following costs consistent with paragraph (5): (A) Costs directly related to the deployment of infrastructure. (B) Costs to lease access to property or for internet backhaul services for a period not to exceed five years. (C) Costs incurred by an existing facility-based broadband provider to upgrade its existing facilities to provide for interconnection. (11) The commission may award grants to fund all or a portion of the project. The commission shall determine, on a case-by-case basis, the level of funding to be provided for a project and shall consider factors that include, but are not limited to, the location and accessibility of the area, the existence of communication facilities that may be upgraded to deploy broadband, and whether the project makes a significant contribution to achievement of the program goal. (g) (1) Moneys in the Rural and Urban Regional Broadband Consortia Grant Account shall be available for grants to eligible consortia to facilitate deployment of broadband services by assisting infrastructure applicants in the project development or grant application process. An eligible consortium may include, as specified by the commission, representatives of organizations, including, but not limited to, local and regional government, public safety, elementary and secondary education, health care, libraries, postsecondary education, community-based organizations, tourism, parks and recreation, agricultural, business, workforce organizations, and air pollution control or air quality management districts, and is not required to have as its lead fiscal agent an entity with a certificate of public convenience and necessity. (2) Each consortium shall conduct an annual audit of its expenditures for programs funded pursuant to this subdivision and shall submit to the commission an annual report that includes both of the following: (A) A description of activities completed during the prior year, how each activity promotes the deployment of broadband services, and the cost associated with each activity. (B) The number of project applications assisted. (h) (1) All remaining moneys in the Broadband Infrastructure Revolving Loan Account that are unencumbered as of January 1, 2018, shall be transferred into the Broadband Infrastructure Grant Account. (2) All repayments of loans funded by the former Broadband Infrastructure Revolving Loan Account shall be deposited into the Broadband Infrastructure Grant Account. (i) (1) For purposes of this subdivision, “low-income community” includes, but is not limited to, publicly supported housing developments, and other housing developments or mobilehome parks with low-income residents, as determined by the commission. (2) Moneys in the Broadband Public Housing Account shall be available for the commission to award grants and loans pursuant to this subdivision to a low-income community that otherwise meets eligibility requirements and complies with program requirements established by the commission. (3) Moneys deposited into the Broadband Public Housing Account shall be available for grants and loans to low-income communities to finance projects to connect broadband networks that offer free broadband service that meets or exceeds state standards, as determined by the commission, for residents of the low-income communities. A low-income community may be an eligible applicant if the low-income community does not have access to any broadband service provider that offers free broadband service that meets or exceeds state standards, as determined by the commission, for the residents of the low-income community. (4) To the extent feasible, the commission shall approve projects for funding from the Broadband Public Housing Account in a manner that reflects the statewide distribution of low-income communities. (5) In reviewing a project application under this subdivision, the commission shall consider the availability of other funding sources for that project, any financial contribution from the broadband service provider to the project, the availability of any other public or private broadband adoption or deployment program, including tax credits and other incentives, and whether the applicant has sought funding from, or participated in, any reasonably available program. The commission may require an applicant to provide match funding, and shall not deny funding for a project solely because the applicant is receiving funding from another source. (6) The commission shall prioritize grants pursuant to this subdivision to those existing publicly supported housing developments that have not yet received a grant pursuant to this subdivision and do not have access to free broadband internet service onsite. (j) (1) Moneys in the Broadband Adoption Account shall be available to the commission to award grants to increase publicly available or after school broadband access and digital inclusion, such as grants for digital literacy training programs and public education to communities with limited broadband adoption, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption. (2) Eligible applicants are local governments, senior centers, schools, public libraries, nonprofit organizations, including nonprofit religious organizations, and community-based organizations with programs to increase publicly available or after school broadband access and digital inclusion, such as digital literacy training programs. (3) Payment pursuant to a grant for digital inclusion shall be based on digital inclusion metrics established by the commission that may include the number of residents trained, the number of residents served, or the actual verification of broadband subscriptions resulting from the program funded by the grant. (4) The commission shall give preference to programs in communities with demonstrated low broadband access, including low-income communities, senior communities, and communities facing socioeconomic barriers to broadband adoption. The commission shall determine how best to prioritize projects for funding pursuant to this paragraph. (5) Moneys awarded pursuant to this subdivision shall not be used to subsidize the costs of providing broadband service to households. (k) The commission shall post on the home page of the California Advanced Services Fund on its internet website a list of all pending applications, application challenge deadlines, and notices of amendments to pending applications. (l) (1) The commission shall require each entity that receives funding or financing for a project pursuant to this section to report monthly to the commission, at minimum, all of the following information: (A) The name and contractor’s license number of each licensed contractor and subcontractor undertaking a contract or subcontract in excess of twenty-five thousand dollars ($25,000) to perform work on a project funded or financed pursuant to this section. (B) The location where a contractor or subcontractor described in subparagraph (A) will be performing that work. (C) The anticipated dates when that work will be performed. (2) The commission shall, on a monthly basis, post the information reported pursuant to this subdivision on the commission’s California Advanced Services Fund internet website. (m) The commission shall notify the appropriate policy committees of the Legislature on the date on which the goal specified in subparagraph (A) of paragraph (1) of subdivision (b) is achieved. (n) (1) Upon the deposit of state or federal infrastructure moneys into the Federal Funding Account, the commission shall implement a program using those moneys to expeditiously connect unserved and underserved communities by applicable federal deadlines. (2) Projects funded pursuant to this subdivision shall be implemented consistent with Part 35 of Title 31 of the Code of Federal Regulations and any conditions or guidelines applicable to these one-time federal infrastructure moneys. (3) Of the two billion dollars ($2,000,000,000) appropriated to the commission to fund last-mile broadband infrastructure in the Budget Act of 2021, the commission shall allocate those moneys to applicants for the construction of last-mile broadband infrastructure as follows: (A) The commission shall initially allocate one billion dollars ($1,000,000,000) for last-mile broadband projects in urban counties as follows: (i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each urban county. (ii) The commission shall allocate the remaining moneys based on each urban county’s proportionate share of the California households without access to broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market. (B) The commission shall allocate at least one billion dollars ($1,000,000,000) for last-mile broadband projects in rural counties as follows: (i) The commission shall first allocate five million dollars ($5,000,000) for last-mile broadband projects in each rural county. (ii) The commission shall allocate the remaining moneys based on each rural county’s proportionate share of the California households without broadband internet access service with at least 100 megabits per second download speeds, as identified and validated by the commission pursuant to the most recent broadband data collection, as of July 1, 2021, as ordered in commission Decision 16-12-025 (December 1, 2016), Decision Analyzing the California Telecommunications Market and Directing Staff to Continue Data Gathering, Monitoring and Reporting on the Market. (4) Until September 30, 2024, applicants may apply for and encumber moneys allocated pursuant to this subdivision for last-mile broadband projects. Any moneys allocated pursuant to this subdivision that are not encumbered on or before September 30, 2024, shall be made available to the commission to allocate for the construction of last-mile broadband infrastructure anywhere in the state. (Amended by Stats. 2023, Ch. 45, Sec. 47. (AB 127) Effective July 10, 2023.)
  118. 281.1.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    The commission may impose the surcharge for funding the California Advanced Services Fund from January 1, 2022 through December 31, 2032.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 281.1. Beginning January 1, 2022, the commission may impose the surcharge pursuant to paragraph (4) of subdivision (d) of Section 281 to fund the California Advanced Services Fund pursuant to Section 281 until December 31, 2032. (Added by Stats. 2021, Ch. 658, Sec. 2. (AB 14) Effective October 8, 2021.)
  119. 281.2.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    The section creates the Broadband Loan Loss Reserve Fund and lets the commission fund it, set project terms, request information, and require reports from recipients.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 281.2. (a) (1) The Broadband Loan Loss Reserve Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund are hereby continuously appropriated, without regard to fiscal years, to the commission and shall be available to fund costs related to the financing of the deployment of broadband infrastructure by a local government agency or nonprofit organization, including, but not limited to, payment of costs of debt issuance, obtaining credit enhancement, and establishment and funding of reserves for the payment of principal and interest on the debt. (2) In the 2021–22 fiscal year, the commission may make cashflow loans to the Broadband Loan Loss Reserve Fund from accounts established pursuant to subdivision (c) of Section 281. (b) The commission may establish, among other things, eligibility requirements, financing terms and conditions, and allocation criteria, for infrastructure projects deployed using financing supported in whole or in part by funds allocated pursuant to this section. (c) The commission may require a local government agency or nonprofit organization to provide information demonstrating the agency’s or nonprofit organization’s ability to reasonably finance and implement the infrastructure project deployed using financing supported in whole or in part by funds allocated pursuant to this section. (d) The commission shall require each local government agency or nonprofit organization receiving funds under this section to file both of the following reports in the form and manner specified by the commission: (1) Biannual progress reports identifying project milestones and percent completions to date, and including other information as the commission may prescribe. (2) A completion report, including a full description of the completed project, comparison of approved versus actual costs of construction, speed test data for all areas served by the project, and other information as the commission may prescribe. (Added by Stats. 2021, Ch. 112, Sec. 8. (SB 156) Effective July 20, 2021.)
  120. 281.6.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    The commission must maintain a public broadband map, can collect provider information, and must not disclose protected residential subscriber information or use self-reported data as evidence unless it validates accuracy.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 281.6. (a) The commission, in collaboration with relevant state agencies and stakeholders, shall maintain and update a statewide, publicly accessible, and interactive map showing the accessibility of broadband service in the state, including, but not limited to, information identifying the percentage of each census block that has broadband service meeting federal and state standards. The map shall identify, for each address in the state, each provider of broadband services that offers service at the address and the maximum speed of broadband services offered by each provider of broadband services at the address. (b) The map required pursuant to subdivision (a) shall also include all of the following features to receive self-reported data: (1) A feature for users to disclose how much they pay for stand-alone or bundled broadband service. (2) A feature for users to identify the internet service provider to which they subscribe for broadband service. (3) A feature for users to disclose the maximum speed for broadband service to which they subscribe. (4) A feature that allows individuals to refute the broadband speed or technology, or both, that an internet service provider claims to offer at an address. (5) A feature that allows individuals to identify barriers to broadband access. (c) The features and self-reported data required pursuant to subdivisions (b) and (h) shall be made publicly available and expressed at the address for which the data was submitted. The commission shall obtain consent from an individual before publicly disclosing information that the individual submits pursuant to subdivision (b) or (h). (d) The commission may collect from providers of broadband services information necessary to establish and update the map required pursuant to this section. (e) The commission shall also create a notification feature on the map for individuals. Using this feature, an individual may sign up to be notified when updates are made to the map. (f) The commission may collect information from providers of broadband services at the address level. (g) The commission shall not, pursuant to subdivision (a), (d), or (e), disclose residential subscriber information protected by Section 2891. (h) The map required pursuant to subdivision (a) shall include a feature for users to submit a verified speed test at their location. (i) The commission shall not accept information collected by the commission pursuant to subdivisions (b) and (c) as evidence in a commission proceeding unless the commission validates the accuracy of the self-reported information. (j) For purposes of this section, the following definitions apply: (1) “Broadband” has the same meaning as defined in Section 5830. (2) “Verified speed test” means a broadband speed performance test result that was measured and verified using a reputable application specified by the commission for that purpose. (Amended by Stats. 2023, Ch. 645, Sec. 1. (AB 286) Effective January 1, 2024.)
  121. 2811.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 2. Interconnection of Facilities [2811 - 2816] ( Article 2 added by Stats. 1976, Ch. 915. )

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    The commission must authorize an interconnection for a private energy producer if the required findings are made, and it must decide applications within 180 days unless all three parties agree to a later time.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 2. Interconnection of Facilities [2811 - 2816] ( Article 2 added by Stats. 1976, Ch. 915. ) ## 2811. In order to promote the more efficient use and distribution of natural gas or electric energy and eliminate the necessity for construction of transmission facilities for gas or electricity produced by a private energy producer separate from those which may already exist to serve the same area and are owned and operated by a public utility subject to the jurisdiction and control of the Public Utilities Commission, the commission shall authorize the construction of an interconnection by a private energy producer upon application of such producer if the commission makes the findings required by Sections 2812 and 2812.5. The commission shall render its decision on any application filed pursuant to this chapter within 180 days of receipt of the application or at such later time as may be mutually agreed upon by the commission, the applicant, and the interconnecting public utility. (Amended by Stats. 1980, Ch. 987, Sec. 2.)
  122. 2812.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 2. Interconnection of Facilities [2811 - 2816] ( Article 2 added by Stats. 1976, Ch. 915. )

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    A private energy producer may be authorized to build a natural-gas interconnection if it applies and the commission, after notice and hearing, finds the listed conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 2. Interconnection of Facilities [2811 - 2816] ( Article 2 added by Stats. 1976, Ch. 915. ) ## 2812. Upon application of a private energy producer, and after notice to any affected public utility and hearing thereon, the commission shall authorize such producer to construct an interconnection for the purpose of transporting natural gas, if the commission finds: (1) that such interconnection is in the public interest and for the general public benefit, (2) involves natural gas located within this state in the service area of the public utility, ultimately consumed within this state, and which would otherwise be undeveloped because a public utility is unable or unwilling to purchase it at a price the commission finds to be reasonable, (3) would not cause energy which would likely otherwise be made available to the general public to be diverted to the private energy producer, and (4) that the energy has substantially the equivalent quality and characteristics as the energy in the utility’s transmission system with which the interconnection would be made. The commission shall prescribe such reasonable terms, conditions, and requirements as it deems appropriate. (Added by Stats. 1976, Ch. 915.)
  123. 2812.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 2. Interconnection of Facilities [2811 - 2816] ( Article 2 added by Stats. 1976, Ch. 915. )

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    The commission must authorize a private energy producer’s interconnection request if the statutory findings are met, after notice to affected utilities and a hearing.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 2. Interconnection of Facilities [2811 - 2816] ( Article 2 added by Stats. 1976, Ch. 915. ) ## 2812.5. Upon application of a private energy producer, and after notice to any affected public utility and hearing thereon, the commission shall authorize such producer to construct an interconnection for the purpose of transmitting electricity, if the commission finds: (1) That no uncompensated burden will be placed upon the utility or utilities furnishing the transmission service. (2) That furnishing the transmission service will not result in any added costs or any other adverse consequences for the customers of the electrical corporation. (3) That the facilities proposed in the application will be used to transmit power from other than a conventional power source for generating electrical power. The commission shall prescribe such reasonable terms, conditions, and requirements as it deems appropriate. (Added by Stats. 1976, Ch. 915.)
  124. 2813.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 2. Interconnection of Facilities [2811 - 2816] ( Article 2 added by Stats. 1976, Ch. 915. )

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    A private energy producer must pay the full interconnection cost and any needed transmission-capacity costs; the public utility does not have to build extra facilities or acquire property unless the producer bears those costs.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 2. Interconnection of Facilities [2811 - 2816] ( Article 2 added by Stats. 1976, Ch. 915. ) ## 2813. The private energy producer shall be required to provide and to pay the total cost of the interconnection as well as any costs associated with providing a transmission capacity sufficient to handle that portion of the energy generated by the private energy producer that is over and above the capacity otherwise required by the public utility to service its utility customers and meet other authorized commitments. The public utility shall not be required to construct any additional electric or gas facilities on its system or to acquire any real property by eminent domain or otherwise for such facilities, in order to perform the service contemplated by this chapter unless the cost of such additional facilities or acquisitions are to be borne by the private energy producer. (Added by Stats. 1976, Ch. 915.)
  125. 2815.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 2. Interconnection of Facilities [2811 - 2816] ( Article 2 added by Stats. 1976, Ch. 915. )

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    Private energy producers are not required by this chapter to provide services or deliver commodities to the public, except as this article allows.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 2. Interconnection of Facilities [2811 - 2816] ( Article 2 added by Stats. 1976, Ch. 915. ) ## 2815. Nothing in this chapter shall require that any private energy producer perform any service or deliver any commodity to the public or any portion thereof, for compensation or otherwise, except as provided in this article. (Added by Stats. 1976, Ch. 915.)
  126. 2816.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 2. Interconnection of Facilities [2811 - 2816] ( Article 2 added by Stats. 1976, Ch. 915. )

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    Public utilities must keep accurate records and report them to the commission for certain interconnections with private energy producers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 2. Interconnection of Facilities [2811 - 2816] ( Article 2 added by Stats. 1976, Ch. 915. ) ## 2816. Every public utility shall keep accurate records of transactions with a private energy producer, and of the use of the public utility’s facilities by the private energy producer, pursuant to an interconnection ordered or approved by the commission and shall render such reports thereon to the commission as the commission may from time to time require. The commission may disapprove any such transaction or use if, after hearing, it finds such transaction or use to be inconsistent with this chapter or any rule, regulation, or order of the commission. (Added by Stats. 1976, Ch. 915.)
  127. 282.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    Money deposited in funds created under this chapter may only be used for purposes specified in the chapter, with limited loan and transfer uses allowed.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 282. Any moneys that are deposited in funds created pursuant to this chapter shall not be used by the state for any purpose other than as specified in this chapter. Notwithstanding any other provision of law, the Controller may use the funds created pursuant to this chapter for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code and, upon approval of the Director of Finance, moneys deposited in funds created pursuant to this chapter may be used to make transfers as loans to other funds created pursuant to this chapter. (Amended by Stats. 2021, Ch. 115, Sec. 75. (AB 148) Effective July 22, 2021.)
  128. 2821.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    The commission must set equitable charges for certain electricity purchases, and hydroelectric private energy producers must provide proof of water-law and Clean Water Act compliance when required.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2821. (a) The commission shall approve and establish equitable charges to be paid by an electrical corporation which purchases electricity or electrical generating capacity, or both, from any private energy producer employing other than a conventional power source for the generation of electricity. (b) The commission, on its own motion or on application of an electrical corporation or a private energy producer, may also specify the prices, terms, and conditions for the purchase or sale of electricity or electrical generating capacity, or both, between an electrical corporation and a private energy producer, and these prices, terms, and conditions, so specified, shall be considered reasonable and prudent for all purposes. The commission may act to specify these prices, terms, and conditions on its own motion or on application of an electrical corporation or a private energy producer. (c) Every private energy producer employing hydroelectric facilities, who executes a contract with an electrical corporation on or after January 1, 1988, or prior to that date, for the purchase of electricity or electrical generating capacity, or both, shall obtain and provide proof of compliance by the private energy producer with all state laws relating to the control, appropriation, use, and distribution of water, including, but not limited to, the obtaining of applicable licenses and permits. The private energy producer shall also provide proof of compliance with the federal Clean Water Act. (d) (1) For the purpose of providing proof of compliance with all state laws relating to the control, appropriation, use, and distribution of water, the electrical corporation shall require the private energy producer to provide either of the following: (A) Certification from the State Water Resources Control Board that a water right permit has been issued for the operation of the hydroelectric facility. (B) Certification from the State Water Resources Control Board that, in the opinion of the board, the private energy producer possesses riparian rights or other water rights which authorize the operation of the hydroelectric facility. (2) The requirements of paragraph (1) shall apply only to contracts involving hydroelectric projects which have not been accepted by the electrical corporation for commercial operation prior to May 18, 1987. (3) Every contract executed by a private energy producer who is in violation of paragraph (1) is void and unenforceable on and after whichever of the following dates applies: (A) February 29, 1988, for contracts involving hydroelectric projects which have been accepted by the electrical corporation for commercial operation on or after May 18, 1987, and prior to January 1, 1988. (B) The 60th day after a project has been accepted by the electrical corporation for commercial operation, for contracts involving hydroelectric projects which are accepted by the electrical corporation for commercial operation on or after January 1, 1988. (4) The commission shall disallow, for purposes of establishing rates for an electrical corporation, all amounts expended for the purchase of electricity pursuant to a contract that is void and unenforceable under this subdivision. (e) (1) For the purposes of providing proof of compliance with the federal Clean Water Act, the electrical corporation shall require the private energy producer to provide a statement from the State Water Resources Control Board that certification pursuant to Section 401 of the federal Clean Water Act has either been granted or waived by the board for operation of the hydroelectric facility. The board shall not waive certification unless the board finds that there is reasonable assurance that the project shall comply with all applicable requirements of the federal Clean Water Act and state water quality laws. If the board cannot make this finding within the period provided for certification, the board shall either certify upon conditions that provide reasonable assurance of compliance or deny certification. (2) The requirements of paragraph (1) shall apply only to contracts involving hydroelectric projects which have not been accepted by the electrical corporation for commercial operation prior to January 1, 1992. (3) Every contract executed by a private energy producer who is in violation of paragraph (1) is void and unenforceable on and after whichever of the following dates applies: (A) March 1, 1993, for contracts involving hydroelectric projects which are accepted by the electrical corporation for commercial operation between January 1, 1992, and December 31, 1992. (B) The 60th day after having been accepted by the electrical corporation for commercial operation, for contracts involving hydroelectric projects which are accepted by the electrical corporation for commercial operation on or after January 1, 1993. (4) The commission shall disallow, for purposes of establishing rates for an electrical corporation, all amounts expended for the purchase of electricity pursuant to a contract that is void and unenforceable under this subdivision. (f) Subdivision (d) does not apply to any private energy producer if all of the following conditions are met: (1) The electrical corporation did not make timely written demand for the proof of compliance required by paragraph (1) of subdivision (d). (2) On or before the date the project was accepted by the electrical corporation for commercial operation, the private energy producer was in fact in compliance with all applicable state laws relating to the control, appropriation, use, and distribution of water, including, but not limited to, those laws that require the obtaining of all applicable entitlements. (3) Prior to October 14, 1991, the private energy producer has provided proof of the applicable certification from the State Water Resources Control Board pursuant to subparagraph (A) of paragraph (1) of subdivision (d), which proof contains further certification from the State Water Resources Control Board of the existence of the condition identified in paragraph (2) of subdivision (f). (g) For purposes of meeting the requirements of subdivision (d) or (e), or of providing certification required under Section 26013 of the Public Resources Code, the private energy producer shall furnish information as is reasonably required by the State Water Resources Control Board to document a claim of right, a certification, or a waiver. Every private energy producer requesting certification and a statement from the board pursuant to subdivisions (d) and (e), or to Section 26013 of the Public Resources Code, shall pay to the board at the time of filing the request, a fee of two hundred fifty dollars ($250) to cover the reasonable cost of the board in evaluating and processing the certification request. (h) As used in this section, “Federal Clean Water Act” means the federal Water Pollution Control Act (Sections 1251 et seq. of Volume 33 of the United States Code) and acts amendatory thereof or supplementary thereto. (Amended by Stats. 1992, Ch. 739, Sec. 1. Effective January 1, 1993.)
  129. 2821.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    This section explains that the commission must approve equitable charges for electrical corporations that buy electricity or generating capacity from qualifying small power producers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2821.5. The Legislature finds and declares all of the following: (a) Small power producers provide important alternative sources of electrical energy. (b) The commission is required to approve and establish equitable charges to be paid by electrical corporations which purchase electricity or electrical generating capacity, or both, from qualifying small power producers. (c) The commission recognized the importance of developing standard offer contracts based on long-run avoided costs in order to encourage the development of qualifying small power producers. On September 7, 1983, in Decision 83-09-054, the commission approved interim standard offer No. 4, which established a long-term power purchase contract. (d) Many pioneer small power producers operating prior to September 7, 1983, did so under power purchase contracts based on short-term energy prices and long-term capacity prices. When interim standard offer No. 4 was approved, the commission allowed its provisions to be offered to qualified facility projects which had not yet obtained construction financing or otherwise entered a contract and started construction. Pioneer small power producers with existing contracts were not allowed to switch to the new interim standard offer No. 4 until their existing contracts were no longer in effect. (e) On April 17, 1985, pursuant to Decision 85-04-075, the commission suspended all payment options offered under interim standard offer No. 4 due to the contrasting of excessive energy capacity, and the conclusion that prices were too high. (f) Many qualifying small power producers who were operating under contracts made prior to September 7, 1983, were thus precluded by the commission from adopting interim standard offer No. 4, and may be required to accept new prices and terms which provide less compensation than the suspended interim standard offer No. 4. (g) These financially stressed qualifying small power producers assert they were unfairly denied the opportunity to adopt interim standard offer No. 4 by the commission. They also assert that much of the capacity contracted for under the suspended interim standard offer No. 4 will never be constructed. They further allege that they are being forced to close small powerplants which are currently in operation while producers with interim standard offer No. 4 contracts are constructing new plants. (Added by Stats. 1986, Ch. 619, Sec. 1.)
  130. 2822.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    The commission must approve and establish standby charges for electrical corporations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2822. The commission shall approve and establish standby charges for electrical corporations. The commission may act in this regard on its own motion or on application of an electrical corporation or a private energy producer. (Added by Stats. 1980, Ch. 373, Sec. 3.)
  131. 2823.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    The commission must approve and establish charges for transmission service.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2823. The commission shall approve and establish charges for transmission service. The commission may act in this regard on its own motion or on application of an electrical corporation or a private energy producer. (Added by Stats. 1980, Ch. 373, Sec. 3.)
  132. 2824.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    The commission must review certain charges charged or paid by electrical corporations and then consider adjusting those charges.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2824. (a) The commission shall conduct a review of the charges paid by electrical corporations for electricity generated from other than conventional power sources and furnished to such corporations. Following such review, the commission shall consider adjustments in such charges to encourage the generation of electricity from other than conventional power sources. (b) The commission shall conduct a review of standby charges charged by electrical corporations. Following such review, the commission shall consider adjustments in such charges to encourage the utilization of electricity generated from other than conventional power sources and to enable electrical corporations to review the costs of providing standby service. (c) The commission shall conduct a review of charges for transmission service made by electrical corporations for the transmission of electricity generated from other than conventional power sources. Following such review, the commission shall consider adjustments in such charges to encourage the generation of electricity from other than conventional power sources. (Added by Stats. 1980, Ch. 373, Sec. 3.)
  133. 2826.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    The commission must set requirements for power purchase contracts, and for certain projects without all permits it must bar deferral payments unless the producer agrees to repay them and provide adequate security.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2826. (a) The commission shall establish requirements for the administration of power purchase contracts between electrical corporations and private energy producers. For any project which has not received all regulatory permits at the time of the commission’s review of a proposed project deferral agreement, the commission shall, at a minimum, apply both of the following requirements: (1) Prohibit payments by an electrical corporation to a private energy producer to defer the construction of a private energy project unless the private energy producer agrees to repay all deferral payments charged to ratepayers in the event the project is not constructed and operating by the time the deferral period expires. (2) Require the private energy producer to provide adequate security to ensure repayment of those ratepayer charges. (b) Subdivision (a) does not apply to a power purchase contract between an electrical corporation and a private energy producer which is a major customer of the electrical corporation, if the contract is negotiated pursuant to procedures prescribed by the commission and for the purpose of retaining that customer. (Added by Stats. 1989, Ch. 666, Sec. 1.)
  134. 2826.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    This section lets the City of Davis designate a benefiting account to receive bill credits for PVUSA electricity if specified conditions are met, and it sets billing, notice, filing, and credit rules.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2826.5. (a) As used in this section, the following terms have the following meanings: (1) “Benefiting account” means an electricity account, or more than one account, mutually agreed upon by Pacific Gas and Electric Company and the City of Davis. (2) “Bill credit” means credits calculated based upon the electricity generation component of the rate schedule applicable to a benefiting account, as applied to the net metered quantities of electricity. (3) “PVUSA” means the photovoltaic electricity generation facility selected by the City of Davis, located at 24662 County Road, Davis, California, with a rated peak electricity generation capacity of 600 kilowatts, and as it may be expanded, not to exceed one megawatt of peak generation capacity. (4) “Net metered” means the electricity output from the PVUSA. (5) “Environmental attributes” associated with the PVUSA include, but are not limited to, the credits, benefits, emissions reductions, environmental air quality credits, and emissions reduction credits, offsets, and allowances, however entitled resulting from the avoidance of the emission of any gas, chemical, or other substance attributable to the PVUSA. (b) The City of Davis may elect to designate a benefiting account, or more than one account, to receive bill credit for the electricity generated by the PVUSA, if all of the following conditions are met: (1) A benefiting account receives service under a time-of-use rate schedule. (2) The electricity output of the PVUSA is metered for time of use to allow allocation of each bill credit to correspond to the time-of-use period of a benefiting account. (3) All costs associated with the metering requirements of paragraphs (1) and (2) are the responsibility of the City of Davis. (4) All electricity delivered to the electrical grid by the PVUSA is the property of Pacific Gas and Electric Company. (5) PVUSA does not sell electricity delivered to the electrical grid to a third party. (6) The right, title, and interest in the environmental attributes associated with the electricity delivered to the electrical grid by the PVUSA are the property of Nuon Renewable Ventures USA, LLC. (c) A benefiting account shall be billed on a monthly basis, as follows: (1) For all electricity usage, the rate schedule applicable to the benefiting account, including any surcharge, exit fee, or other cost recovery mechanism, as determined by the commission, to reimburse the Department of Water Resources for purchases of electricity, pursuant to Division 27 (commencing with Section 80000) of the Water Code. (2) The rate schedule for the benefiting account shall also provide credit for the generation component of the time-of-use rates for the electricity generated by the PVUSA that is delivered to the electrical grid. The generation component credited to the benefiting account may not include the surcharge, exit fee, or other cost recovery mechanism, as determined by the commission, to reimburse the Department of Water Resources for purchases of electricity, pursuant to Division 27 (commencing with Section 80000) of the Water Code. (3) If in any billing cycle, the charge pursuant to paragraph (1) for electricity usage exceeds the billing credit pursuant to paragraph (2), the City of Davis shall be charged for the difference. (4) If in any billing cycle, the billing credit pursuant to paragraph (2), exceeds the charge for electricity usage pursuant to paragraph (1), the difference shall be carried forward as a credit to the next billing cycle. (5) After the electricity usage charge pursuant to paragraph (1) and the credit pursuant to paragraph (2) are determined for the last billing cycle of a calendar year, any remaining credit resulting from the application of this section shall be reset to zero. (d) Not more frequently that once per year, and upon providing Pacific Gas and Electric Company with a minimum of 60 days notice, the City of Davis may elect to change a benefiting account. Any credit resulting from the application of this section earned prior to the change in a benefiting account that has not been used as of the date of the change in the benefit account, shall be applied, and may only be applied, to a benefiting account as changed. (e) Pacific Gas and Electric Company shall file an advice letter with the Public Utilities Commission, that complies with this section, not later than 10 days after the effective date of this section, proposing a rate tariff for a benefiting account. The commission, within 30 days of the date of filing, shall approve the proposed tariff, or specify conforming changes to be made by Pacific Gas and Electric Company to be filed in a new advice letter. (f) The City of Davis may terminate its election pursuant to subdivision (b), upon providing Pacific Gas and Electric Company with a minimum of 60 days notice. Should the City of Davis sell its interest in the PVUSA, or sell the electricity generated by the PVUSA, in a manner other than required by this section, upon the date of either event, and the earliest date if both events occur, no further bill credit pursuant to paragraph (2) of subdivision (b) may be earned. Only credit earned prior to that date shall be made to a benefiting account. (g) The Legislature finds and declares that credit for a benefiting account for the electricity output from the PVUSA are in the public interest in order to value the production of this unique, wholly renewable resource electricity generation facility located in, and owned in part by, the City of Davis. Because of the unique circumstances applicable only to the PVUSA a statute of general applicability cannot be enacted within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution. Therefore, this special statute is necessary. (Added by Stats. 2002, Ch. 515, Sec. 21. Effective January 1, 2003.)
  135. 2827.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    This section sets rules for net energy metering, including who qualifies, how bills and credits are calculated, and what utilities must provide.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2827. (a) The Legislature finds and declares that a program to provide net energy metering combined with net surplus compensation, co-energy metering, and wind energy co-metering for eligible customer-generators is one way to encourage substantial private investment in renewable energy resources, stimulate in-state economic growth, reduce demand for electricity during peak consumption periods, help stabilize California’s energy supply infrastructure, enhance the continued diversification of California’s energy resource mix, reduce interconnection and administrative costs for electricity suppliers, and encourage conservation and efficiency. (b) As used in this section, the following terms have the following meanings: (1) “Co-energy metering” means a program that is the same in all other respects as a net energy metering program, except that the local publicly owned electric utility has elected to apply a generation-to-generation energy and time-of-use credit formula as provided in subdivision (i). (2) “Electrical cooperative” means an electrical cooperative as defined in Section 2776. (3) “Electric utility” means an electrical corporation, a local publicly owned electric utility, or an electrical cooperative, or any other entity, except an electric service provider, that offers electrical service. This section shall not apply to a local publicly owned electric utility that serves more than 750,000 customers and that also conveys water to its customers. (4) (A) “Eligible customer-generator” means a residential customer, small commercial customer as defined in subdivision (h) of Section 331, or commercial, industrial, or agricultural customer of an electric utility, who uses a renewable electrical generation facility, or a combination of those facilities, with a total capacity of not more than one megawatt, that is located on the customer’s owned, leased, or rented premises, and is interconnected and operates in parallel with the electrical grid, and is intended primarily to offset part or all of the customer’s own electrical requirements. (B) (i) Notwithstanding subparagraph (A), “eligible customer-generator” includes the Department of Corrections and Rehabilitation using a renewable electrical generation technology, or a combination of renewable electrical generation technologies, with a total capacity of not more than eight megawatts, that is located on the department’s owned, leased, or rented premises, and is interconnected and operates in parallel with the electrical grid, and is intended primarily to offset part or all of the facility’s own electrical requirements. The amount of any wind generation exported to the electrical grid shall not exceed 1.35 megawatt at any time. (ii) Notwithstanding paragraph (2) of subdivision (e), an electrical corporation shall be afforded a prudent but necessary time, as determined by the executive director of the commission, to study the impacts of a request for interconnection of a renewable generator with a capacity of greater than one megawatt under this subparagraph. If the study reveals the need for upgrades to the transmission or distribution system arising solely from the interconnection, the electrical corporation shall be afforded the time necessary to complete those upgrades before the interconnection and those costs shall be borne by the customer-generator. Upgrade projects shall comply with applicable state and federal requirements, including requirements of the Federal Energy Regulatory Commission. (C) (i) For purposes of this subparagraph, a “United States Armed Forces base or facility” is an establishment under the jurisdiction of the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard. (ii) Notwithstanding subparagraph (A), a United States Armed Forces base or facility is an “eligible customer-generator” if the base or facility uses a renewable electrical generation facility, or a combination of those facilities, the renewable electrical generation facility is located on premises owned, leased, or rented by the United States Armed Forces base or facility, the renewable electrical generation facility is interconnected and operates in parallel with the electrical grid, the renewable electrical generation facility is intended primarily to offset part or all of the base or facility’s own electrical requirements, and the renewable electrical generation facility has a generating capacity that does not exceed the lesser of 12 megawatts or one megawatt greater than the minimum load of the base or facility over the prior 36 months. Unless prohibited by federal law, a renewable electrical generation facility shall not be eligible for net energy metering for privatized military housing pursuant to this subparagraph if the renewable electrical generation facility was procured using a sole source process. A renewable electrical generation facility procured using best value criteria, if otherwise eligible, may be used for net energy metering for privatized military housing pursuant to this subparagraph. For these purposes, “best value criteria” means a value determined by objective criteria and may include, but is not limited to, price, features, functions, and life-cycle costs. (iii) A United States Armed Forces base or facility that is an eligible customer generator pursuant to this subparagraph shall not receive compensation for exported generation. (iv) Notwithstanding paragraph (2) of subdivision (e), an electrical corporation shall be afforded a prudent but necessary time, as determined by the executive director of the commission but not less than 60 working days, to study the impacts of a request for interconnection of a renewable electrical generation facility with a capacity of greater than one megawatt pursuant to this subparagraph. If the study reveals the need for upgrades to the transmission or distribution system arising solely from the interconnection, the electrical corporation shall be afforded the time necessary to complete those upgrades before the interconnection and the costs of those upgrades shall be borne by the eligible customer-generator. Upgrade projects shall comply with applicable state and federal requirements, including requirements of the Federal Energy Regulatory Commission. For any renewable generation facility that interconnects directly to the transmission grid or that requires transmission upgrades, the United States Armed Forces base or facility shall comply with all Federal Energy Regulatory Commission interconnection procedures and requirements. (v) An electrical corporation shall make a tariff, as approved by the commission, available pursuant to this subparagraph by November 1, 2015. (vi) This subparagraph shall not apply to a tariff made available pursuant to Section 2827.1. (5) “Large electrical corporation” means an electrical corporation with more than 100,000 service connections in California. (6) “Net energy metering” means measuring the difference between the electricity supplied through the electrical grid and the electricity generated by an eligible customer-generator and fed back to the electrical grid over a 12-month period as described in subdivisions (c) and (h). (7) “Net surplus customer-generator” means an eligible customer-generator that generates more electricity during a 12-month period than is supplied by the electric utility to the eligible customer-generator during the same 12-month period. (8) “Net surplus electricity” means all electricity generated by an eligible customer-generator measured in kilowatthours over a 12-month period that exceeds the amount of electricity consumed by that eligible customer-generator. (9) “Net surplus electricity compensation” means a per kilowatthour rate offered by the electric utility to the net surplus customer-generator for net surplus electricity that is set by the ratemaking authority pursuant to subdivision (h). (10) “Ratemaking authority” means, for an electrical corporation, the commission, for an electrical cooperative, its ratesetting body selected by its shareholders or members, and for a local publicly owned electric utility, the local elected body responsible for setting the rates of the local publicly owned utility. (11) “Renewable electrical generation facility” means a facility that generates electricity from a renewable source listed in paragraph (1) of subdivision (a) of Section 25741 of the Public Resources Code. A small hydroelectric generation facility is not an eligible renewable electrical generation facility if it will cause an adverse impact on instream beneficial uses or cause a change in the volume or timing of streamflow. (12) “Wind energy co-metering” means any wind energy project greater than 50 kilowatts, but not exceeding one megawatt, where the difference between the electricity supplied through the electrical grid and the electricity generated by an eligible customer-generator and fed back to the electrical grid over a 12-month period is as described in subdivision (h). Wind energy co-metering shall be accomplished pursuant to Section 2827.8. (c) (1) Except as provided in paragraph (4) and in Section 2827.1, every electric utility shall develop a standard contract or tariff providing for net energy metering, and shall make this standard contract or tariff available to eligible customer-generators, upon request, on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer-generators exceeds 5 percent of the electric utility’s aggregate customer peak demand. Net energy metering shall be accomplished using a single meter capable of registering the flow of electricity in two directions. An additional meter or meters to monitor the flow of electricity in each direction may be installed with the consent of the eligible customer-generator, at the expense of the electric utility, and the additional metering shall be used only to provide the information necessary to accurately bill or credit the eligible customer-generator pursuant to subdivision (h), or to collect generating system performance information for research purposes relative to a renewable electrical generation facility. If the existing electrical meter of an eligible customer-generator is not capable of measuring the flow of electricity in two directions, the eligible customer-generator shall be responsible for all expenses involved in purchasing and installing a meter that is able to measure electricity flow in two directions. If an additional meter or meters are installed, the net energy metering calculation shall yield a result identical to that of a single meter. An eligible customer-generator that is receiving service other than through the standard contract or tariff may elect to receive service through the standard contract or tariff until the electric utility reaches the generation limit set forth in this paragraph. Once the generation limit is reached, only eligible customer-generators that had previously elected to receive service pursuant to the standard contract or tariff have a right to continue to receive service pursuant to the standard contract or tariff. Eligibility for net energy metering does not limit an eligible customer-generator’s eligibility for any other rebate, incentive, or credit provided by the electric utility, or pursuant to any governmental program, including rebates and incentives provided pursuant to the California Solar Initiative. (2) An electrical corporation shall include a provision in the net energy metering contract or tariff requiring that any customer with an existing electrical generating facility and meter who enters into a new net energy metering contract shall provide an inspection report to the electrical corporation, unless the electrical generating facility and meter have been installed or inspected within the previous three years. The inspection report shall be prepared by a California licensed contractor who is not the owner or operator of the facility and meter. A California licensed electrician shall perform the inspection of the electrical portion of the facility and meter. (3) (A) On an annual basis, every electric utility shall make available to the ratemaking authority information on the total rated generating capacity used by eligible customer-generators that are customers of that provider in the provider’s service area and the net surplus electricity purchased by the electric utility pursuant to this section. (B) An electric service provider operating pursuant to Section 394 shall make available to the ratemaking authority the information required by this paragraph for each eligible customer-generator that is their customer for each service area of an electrical corporation, local publicly owned electrical utility, or electrical cooperative, in which the eligible customer-generator has net energy metering. (C) The ratemaking authority shall develop a process for making the information required by this paragraph available to electric utilities, and for using that information to determine when, pursuant to paragraphs (1) and (4), an electric utility is not obligated to provide net energy metering to additional eligible customer-generators in its service area. (4) (A) An electric utility that is not a large electrical corporation is not obligated to provide net energy metering to additional eligible customer-generators in its service area when the combined total peak demand of all electricity used by eligible customer-generators served by all the electric utilities in that service area furnishing net energy metering to eligible customer-generators exceeds 5 percent of the aggregate customer peak demand of those electric utilities. (B) The commission shall require every large electrical corporation to make the standard contract or tariff available to eligible customer-generators, continuously and without interruption, until such times as the large electrical corporation reaches its net energy metering program limit or July 1, 2017, whichever is earlier. A large electrical corporation reaches its program limit when the combined total peak demand of all electricity used by eligible customer-generators served by all the electric utilities in the large electrical corporation’s service area furnishing net energy metering to eligible customer-generators exceeds 5 percent of the aggregate customer peak demand of those electric utilities. For purposes of calculating a large electrical corporation’s program limit, “aggregate customer peak demand” means the highest sum of the noncoincident peak demands of all of the large electrical corporation’s customers that occurs in any calendar year. To determine the aggregate customer peak demand, every large electrical corporation shall use a uniform method approved by the commission. The program limit calculated pursuant to this paragraph shall not be less than the following: (i) For San Diego Gas and Electric Company, when it has made 607 megawatts of nameplate generating capacity available to eligible customer-generators. (ii) For Southern California Edison Company, when it has made 2,240 megawatts of nameplate generating capacity available to eligible customer-generators. (iii) For Pacific Gas and Electric Company, when it has made 2,409 megawatts of nameplate generating capacity available to eligible customer-generators. (C) Every large electrical corporation shall file a monthly report with the commission detailing the progress toward the net energy metering program limit established in subparagraph (B). The report shall include separate calculations on progress toward the limits based on operating solar energy systems, cumulative numbers of interconnection requests for net energy metering eligible systems, and any other criteria required by the commission. (D) Beginning July 1, 2017, or upon reaching the net metering program limit of subparagraph (B), whichever is earlier, the obligation of a large electrical corporation to provide service pursuant to a standard contract or tariff shall be pursuant to Section 2827.1 and applicable state and federal requirements. (d) Every electric utility shall make all necessary forms and contracts for net energy metering and net surplus electricity compensation service available for download from the Internet. (e) (1) Every electric utility shall ensure that requests for establishment of net energy metering and net surplus electricity compensation are processed in a time period not exceeding that for similarly situated customers requesting new electric service, but not to exceed 30 working days from the date it receives a completed application form for net energy metering service or net surplus electricity compensation, including a signed interconnection agreement from an eligible customer-generator and the electric inspection clearance from the governmental authority having jurisdiction. (2) Every electric utility shall ensure that requests for an interconnection agreement from an eligible customer-generator are processed in a time period not to exceed 30 working days from the date it receives a completed application form from the eligible customer-generator for an interconnection agreement. (3) If an electric utility is unable to process a request within the allowable timeframe pursuant to paragraph (1) or (2), it shall notify the eligible customer-generator and the ratemaking authority of the reason for its inability to process the request and the expected completion date. (f) (1) If a customer participates in direct transactions pursuant to paragraph (1) of subdivision (b) of Section 365, or Section 365.1, with an electric service provider that does not provide distribution service for the direct transactions, the electric utility that provides distribution service for the eligible customer-generator is not obligated to provide net energy metering or net surplus electricity compensation to the customer. (2) If a customer participates in direct transactions pursuant to paragraph (1) of subdivision (b) of Section 365 or 365.1 with an electric service provider, and the customer is an eligible customer-generator, the electric utility that provides distribution service for the direct transactions may recover from the customer’s electric service provider the incremental costs of metering and billing service related to net energy metering and net surplus electricity compensation in an amount set by the ratemaking authority. (g) Except for the time-variant kilowatthour pricing portion of any tariff adopted by the commission pursuant to paragraph (4) of subdivision (a) of Section 2851, each net energy metering contract or tariff shall be identical, with respect to rate structure, all retail rate components, and any monthly charges, to the contract or tariff to which the same customer would be assigned if the customer did not use a renewable electrical generation facility, except that eligible customer-generators shall not be assessed standby charges on the electrical generating capacity or the kilowatthour production of a renewable electrical generation facility. The charges for all retail rate components for eligible customer-generators shall be based exclusively on the customer-generator’s net kilowatthour consumption over a 12-month period, without regard to the eligible customer-generator’s choice as to from whom it purchases electricity that is not self-generated. Any new or additional demand charge, standby charge, customer charge, minimum monthly charge, interconnection charge, or any other charge that would increase an eligible customer-generator’s costs beyond those of other customers who are not eligible customer-generators in the rate class to which the eligible customer-generator would otherwise be assigned if the customer did not own, lease, rent, or otherwise operate a renewable electrical generation facility is contrary to the intent of this section, and shall not form a part of net energy metering contracts or tariffs. (h) For eligible customer-generators, the net energy metering calculation shall be made by measuring the difference between the electricity supplied to the eligible customer-generator and the electricity generated by the eligible customer-generator and fed back to the electrical grid over a 12-month period. The following rules shall apply to the annualized net metering calculation: (1) The eligible residential or small commercial customer-generator, at the end of each 12-month period following the date of final interconnection of the eligible customer-generator’s system with an electric utility, and at each anniversary date thereafter, shall be billed for electricity used during that 12-month period. The electric utility shall determine if the eligible residential or small commercial customer-generator was a net consumer or a net surplus customer-generator during that period. (2) At the end of each 12-month period, where the electricity supplied during the period by the electric utility exceeds the electricity generated by the eligible residential or small commercial customer-generator during that same period, the eligible residential or small commercial customer-generator is a net electricity consumer and the electric utility shall be owed compensation for the eligible customer-generator’s net kilowatthour consumption over that 12-month period. The compensation owed for the eligible residential or small commercial customer-generator’s consumption shall be calculated as follows: (A) For all eligible customer-generators taking service under contracts or tariffs employing “baseline” and “over baseline” rates, any net monthly consumption of electricity shall be calculated according to the terms of the contract or tariff to which the same customer would be assigned to, or be eligible for, if the customer was not an eligible customer-generator. If those same customer-generators are net generators over a billing period, the net kilowatthours generated shall be valued at the same price per kilowatthour as the electric utility would charge for the baseline quantity of electricity during that billing period, and if the number of kilowatthours generated exceeds the baseline quantity, the excess shall be valued at the same price per kilowatthour as the electric utility would charge for electricity over the baseline quantity during that billing period. (B) For all eligible customer-generators taking service under contracts or tariffs employing time-of-use rates, any net monthly consumption of electricity shall be calculated according to the terms of the contract or tariff to which the same customer would be assigned, or be eligible for, if the customer was not an eligible customer-generator. When those same customer-generators are net generators during any discrete time-of-use period, the net kilowatthours produced shall be valued at the same price per kilowatthour as the electric utility would charge for retail kilowatthour sales during that same time-of-use period. If the eligible customer-generator’s time-of-use electrical meter is unable to measure the flow of electricity in two directions, paragraph (1) of subdivision (c) shall apply. (C) For all eligible residential and small commercial customer-generators and for each billing period, the net balance of moneys owed to the electric utility for net consumption of electricity or credits owed to the eligible customer-generator for net generation of electricity shall be carried forward as a monetary value until the end of each 12-month period. For all eligible commercial, industrial, and agricultural customer-generators, the net balance of moneys owed shall be paid in accordance with the electric utility’s normal billing cycle, except that if the eligible commercial, industrial, or agricultural customer-generator is a net electricity producer over a normal billing cycle, any excess kilowatthours generated during the billing cycle shall be carried over to the following billing period as a monetary value, calculated according to the procedures set forth in this section, and appear as a credit on the eligible commercial, industrial, or agricultural customer-generator’s account, until the end of the annual period when paragraph (3) shall apply. (3) At the end of each 12-month period, where the electricity generated by the eligible customer-generator during the 12-month period exceeds the electricity supplied by the electric utility during that same period, the eligible customer-generator is a net surplus customer-generator and the electric utility, upon an affirmative election by the net surplus customer-generator, shall either (A) provide net surplus electricity compensation for any net surplus electricity generated during the prior 12-month period, or (B) allow the net surplus customer-generator to apply the net surplus electricity as a credit for kilowatthours subsequently supplied by the electric utility to the net surplus customer-generator. For an eligible customer-generator that does not affirmatively elect to receive service pursuant to net surplus electricity compensation, the electric utility shall retain any excess kilowatthours generated during the prior 12-month period. The eligible customer-generator not affirmatively electing to receive service pursuant to net surplus electricity compensation shall not be owed any compensation for the net surplus electricity unless the electric utility enters into a purchase agreement with the eligible customer-generator for those excess kilowatthours. Every electric utility shall provide notice to eligible customer-generators that they are eligible to receive net surplus electricity compensation for net surplus electricity, that they must elect to receive net surplus electricity compensation, and that the 12-month period commences when the electric utility receives the eligible customer-generator’s election. For an electric utility that is an electrical corporation or electrical cooperative, the commission may adopt requirements for providing notice and the manner by which eligible customer-generators may elect to receive net surplus electricity compensation. (4) (A) An eligible customer-generator with multiple meters may elect to aggregate the electrical load of the meters located on the property where the renewable electrical generation facility is located and on all property adjacent or contiguous to the property on which the renewable electrical generation facility is located, if those properties are solely owned, leased, or rented by the eligible customer-generator. If the eligible customer-generator elects to aggregate the electric load pursuant to this paragraph, the electric utility shall use the aggregated load for the purpose of determining whether an eligible customer-generator is a net consumer or a net surplus customer-generator during a 12-month period. (B) If an eligible customer-generator chooses to aggregate pursuant to subparagraph (A), the eligible customer-generator shall be permanently ineligible to receive net surplus electricity compensation, and the electric utility shall retain any kilowatthours in excess of the eligible customer-generator’s aggregated electrical load generated during the 12-month period. (C) If an eligible customer-generator with multiple meters elects to aggregate the electrical load of those meters pursuant to subparagraph (A), and different rate schedules are applicable to service at any of those meters, the electricity generated by the renewable electrical generation facility shall be allocated to each of the meters in proportion to the electrical load served by those meters. For example, if the eligible customer-generator receives electric service through three meters, two meters being at an agricultural rate that each provide service to 25 percent of the customer’s total load, and a third meter, at a commercial rate, that provides service to 50 percent of the customer’s total load, then 50 percent of the electrical generation of the eligible renewable generation facility shall be allocated to the third meter that provides service at the commercial rate and 25 percent of the generation shall be allocated to each of the two meters providing service at the agricultural rate. This proportionate allocation shall be computed each billing period. (D) This paragraph shall not become operative for an electrical corporation unless the commission determines that allowing eligible customer-generators to aggregate their load from multiple meters will not result in an increase in the expected revenue obligations of customers who are not eligible customer-generators. The commission shall make this determination by September 30, 2013. In making this determination, the commission shall determine if there are any public purpose or other noncommodity charges that the eligible customer-generators would pay pursuant to the net energy metering program as it exists prior to aggregation, that the eligible customer-generator would not pay if permitted to aggregate the electrical load of multiple meters pursuant to this paragraph. (E) A local publicly owned electric utility or electrical cooperative shall only allow eligible customer-generators to aggregate their load if the utility’s ratemaking authority determines that allowing eligible customer-generators to aggregate their load from multiple meters will not result in an increase in the expected revenue obligations of customers that are not eligible customer-generators. The ratemaking authority of a local publicly owned electric utility or electrical cooperative shall make this determination within 180 days of the first request made by an eligible customer-generator to aggregate their load. In making the determination, the ratemaking authority shall determine if there are any public purpose or other noncommodity charges that the eligible customer-generator would pay pursuant to the net energy metering or co-energy metering program of the utility as it exists prior to aggregation, that the eligible customer-generator would not pay if permitted to aggregate the electrical load of multiple meters pursuant to this paragraph. If the ratemaking authority determines that load aggregation will not cause an incremental rate impact on the utility’s customers that are not eligible customer-generators, the local publicly owned electric utility or electrical cooperative shall permit an eligible customer-generator to elect to aggregate the electrical load of multiple meters pursuant to this paragraph. The ratemaking authority may reconsider any determination made pursuant to this subparagraph in a subsequent public proceeding. (F) For purposes of this paragraph, parcels that are divided by a street, highway, or public thoroughfare are considered contiguous, provided they are otherwise contiguous and under the same ownership. (G) An eligible customer-generator may only elect to aggregate the electrical load of multiple meters if the renewable electrical generation facility, or a combination of those facilities, has a total generating capacity of not more than one megawatt. (H) Notwithstanding subdivision (g), an eligible customer-generator electing to aggregate the electrical load of multiple meters pursuant to this subdivision shall remit service charges for the cost of providing billing services to the electric utility that provides service to the meters. (5) (A) The ratemaking authority shall establish a net surplus electricity compensation valuation to compensate the net surplus customer-generator for the value of net surplus electricity generated by the net surplus customer-generator. The commission shall establish the valuation in a ratemaking proceeding. The ratemaking authority for a local publicly owned electric utility shall establish the valuation in a public proceeding. The net surplus electricity compensation valuation shall be established so as to provide the net surplus customer-generator just and reasonable compensation for the value of net surplus electricity, while leaving other ratepayers unaffected. The ratemaking authority shall determine whether the compensation will include, where appropriate justification exists, either or both of the following components: (i) The value of the electricity itself. (ii) The value of the renewable attributes of the electricity. (B) In establishing the rate pursuant to subparagraph (A), the ratemaking authority shall ensure that the rate does not result in a shifting of costs between eligible customer-generators and other bundled service customers. (6) (A) Upon adoption of the net surplus electricity compensation rate by the ratemaking authority, any renewable energy credit, as defined in Section 399.12, for net surplus electricity purchased by the electric utility shall belong to the electric utility. Any renewable energy credit associated with electricity generated by the eligible customer-generator that is utilized by the eligible customer-generator shall remain the property of the eligible customer-generator. (B) Upon adoption of the net surplus electricity compensation rate by the ratemaking authority, the net surplus electricity purchased by the electric utility shall count toward the electric utility’s renewables portfolio standard annual procurement targets for the purposes of paragraph (1) of subdivision (b) of Section 399.15, or for a local publicly owned electric utility, the renewables portfolio standard annual procurement targets established pursuant to Section 399.30. (7) The electric utility shall provide every eligible residential or small commercial customer-generator with net electricity consumption and net surplus electricity generation information with each regular bill. That information shall include the current monetary balance owed the electric utility for net electricity consumed, or the net surplus electricity generated, since the last 12-month period ended. Notwithstanding this subdivision, an electric utility shall permit that customer to pay monthly for net energy consumed. (8) If an eligible residential or small commercial customer-generator terminates the customer relationship with the electric utility, the electric utility shall reconcile the eligible customer-generator’s consumption and production of electricity during any part of a 12-month period following the last reconciliation, according to the requirements set forth in this subdivision, except that those requirements shall apply only to the months since the most recent 12-month bill. (9) If an electric service provider or electric utility providing net energy metering to a residential or small commercial customer-generator ceases providing that electric service to that customer during any 12-month period, and the customer-generator enters into a new net energy metering contract or tariff with a new electric service provider or electric utility, the 12-month period, with respect to that new electric service provider or electric utility, shall commence on the date on which the new electric service provider or electric utility first supplies electric service to the customer-generator. (i) Notwithstanding any other provisions of this section, paragraphs (1), (2), and (3) shall apply to an eligible customer-generator with a capacity of more than 10 kilowatts, but not exceeding one megawatt, that receives electric service from a local publicly owned electric utility that has elected to utilize a co-energy metering program unless the local publicly owned electric utility chooses to provide service for eligible customer-generators with a capacity of more than 10 kilowatts in accordance with subdivisions (g) and (h): (1) The eligible customer-generator shall be required to utilize a meter, or multiple meters, capable of separately measuring electricity flow in both directions. All meters shall provide time-of-use measurements of electricity flow, and the customer shall take service on a time-of-use rate schedule. If the existing meter of the eligible customer-generator is not a time-of-use meter or is not capable of measuring total flow of electricity in both directions, the eligible customer-generator shall be responsible for all expenses involved in purchasing and installing a meter that is both time-of-use and able to measure total electricity flow in both directions. This subdivision shall not restrict the ability of an eligible customer-generator to utilize any economic incentives provided by a governmental agency or an electric utility to reduce its costs for purchasing and installing a time-of-use meter. (2) The consumption of electricity from the local publicly owned electric utility shall result in a cost to the eligible customer-generator to be priced in accordance with the standard rate charged to the eligible customer-generator in accordance with the rate structure to which the customer would be assigned if the customer did not use a renewable electrical generation facility. The generation of electricity provided to the local publicly owned electric utility shall result in a credit to the eligible customer-generator and shall be priced in accordance with the generation component, established under the applicable structure to which the customer would be assigned if the customer did not use a renewable electrical generation facility. (3) All costs and credits shall be shown on the eligible customer-generator’s bill for each billing period. In any months in which the eligible customer-generator has been a net consumer of electricity calculated on the basis of value determined pursuant to paragraph (2), the customer-generator shall owe to the local publicly owned electric utility the balance of electricity costs and credits during that billing period. In any billing period in which the eligible customer-generator has been a net producer of electricity calculated on the basis of value determined pursuant to paragraph (2), the local publicly owned electric utility shall owe to the eligible customer-generator the balance of electricity costs and credits during that billing period. Any net credit to the eligible customer-generator of electricity costs may be carried forward to subsequent billing periods, provided that a local publicly owned electric utility may choose to carry the credit over as a kilowatthour credit consistent with the provisions of any applicable contract or tariff, including any differences attributable to the time of generation of the electricity. At the end of each 12-month period, the local publicly owned electric utility may reduce any net credit due to the eligible customer-generator to zero. (j) A renewable electrical generation facility used by an eligible customer-generator shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories, including Underwriters Laboratories Incorporated and, where applicable, rules of the commission regarding safety and reliability. A customer-generator whose renewable electrical generation facility meets those standards and rules shall not be required to install additional controls, perform or pay for additional tests, or purchase additional liability insurance. (k) If the commission determines that there are cost or revenue obligations for an electrical corporation that may not be recovered from customer-generators acting pursuant to this section, those obligations shall remain within the customer class from which any shortfall occurred and shall not be shifted to any other customer class. Net energy metering and co-energy metering customers shall not be exempt from the public goods charges imposed pursuant to Article 7 (commencing with Section 381), Article 8 (commencing with Section 385), or Article 15 (commencing with Section 399) of Chapter 2.3 of Part 1. (l) A net energy metering, co-energy metering, or wind energy co-metering customer shall reimburse the Department of Water Resources for all charges that would otherwise be imposed on the customer by the commission to recover bond-related costs pursuant to an agreement between the commission and the Department of Water Resources pursuant to Section 80110 of the Water Code, as well as the costs of the department equal to the share of the department’s estimated net unavoidable power purchase contract costs attributable to the customer. The commission shall incorporate the determination into an existing proceeding before the commission, and shall ensure that the charges are nonbypassable. Until the commission has made a determination regarding the nonbypassable charges, net energy metering, co-energy metering, and wind energy co-metering shall continue under the same rules, procedures, terms, and conditions as were applicable on December 31, 2002. (m) In implementing the requirements of subdivisions (k) and (l), an eligible customer-generator shall not be required to replace its existing meter except as set forth in paragraph (1) of subdivision (c), nor shall the electric utility require additional measurement of usage beyond that which is necessary for customers in the same rate class as the eligible customer-generator. (n) It is the intent of the Legislature that the Treasurer incorporate net energy metering, including net surplus electricity compensation, co-energy metering, and wind energy co-metering projects undertaken pursuant to this section as sustainable building methods or distributive energy technologies for purposes of evaluating low-income housing projects. (Amended by Stats. 2022, Ch. 379, Sec. 19. (AB 1715) Effective January 1, 2023.)
  136. 2827.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    The commission must create a standard contract or tariff for eligible customer-generators, and large electrical corporations must offer it starting July 1, 2017, subject to commission orders and related rules.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2827.1. (a) For purposes of this section, “eligible customer-generator,” “large electrical corporation,” and “renewable electrical generation facility” have the same meanings as defined in Section 2827. (b) Notwithstanding any other law, the commission shall develop a standard contract or tariff, which may include net energy metering, for eligible customer-generators with a renewable electrical generation facility that is a customer of a large electrical corporation no later than December 31, 2015. The commission may develop the standard contract or tariff prior to December 31, 2015, and may require a large electrical corporation that has reached the net energy metering program limit of subparagraph (B) of paragraph (4) of subdivision (c) of Section 2827 to offer the standard contract or tariff to eligible customer-generators. A large electrical corporation shall offer the standard contract or tariff to an eligible customer-generator beginning July 1, 2017, or prior to that date if ordered to do so by the commission because it has reached the net energy metering program limit of subparagraph (B) of paragraph (4) of subdivision (c) of Section 2827. The commission may revise the standard contract or tariff as appropriate to achieve the objectives of this section. In developing the standard contract or tariff, the commission shall do all of the following: (1) Ensure that the standard contract or tariff made available to eligible customer-generators ensures that customer-sited renewable distributed generation continues to grow sustainably and include specific alternatives designed for growth among residential customers in disadvantaged communities. (2) Establish terms of service and billing rules for eligible customer-generators. (3) Ensure that the standard contract or tariff made available to eligible customer-generators is based on the costs and benefits of the renewable electrical generation facility. (4) Ensure that the total benefits of the standard contract or tariff to all customers and the electrical system are approximately equal to the total costs. (5) Allow projects greater than one megawatt that do not have significant impact on the distribution grid to be built to the size of the onsite load if the projects with a capacity of more than one megawatt are subject to reasonable interconnection charges established pursuant to the commission’s Electric Rule 21 and applicable state and federal requirements. (6) Establish a transition period during which eligible customer-generators taking service under a net energy metering tariff or contract prior to July 1, 2017, or until the electrical corporation reaches its net energy metering program limit pursuant to subparagraph (B) of paragraph (4) of subdivision (c) of Section 2827, whichever is earlier, shall be eligible to continue service under the previously applicable net energy metering tariff for a length of time to be determined by the commission by March 31, 2014. Any rules adopted by the commission shall consider a reasonable expected payback period based on the year the customer initially took service under the tariff or contract authorized by Section 2827. (7) The commission shall determine which rates and tariffs are applicable to customer generators only during a rulemaking proceeding. Any fixed charges for residential customer generators that differ from the fixed charges allowed pursuant to subdivision (e) of Section 739.9 shall be authorized only in a rulemaking proceeding involving every large electrical corporation. The commission shall ensure customer generators are provided electric service at rates that are just and reasonable. (c) Beginning July 1, 2017, or when ordered to do so by the commission because the large electrical corporation has reached its capacity limitation of subparagraph (B) of paragraph (4) of subdivision (c) of Section 2827, all new eligible customer-generators shall be subject to the standard contract or tariff developed by the commission and any rules, terms, and rates developed pursuant to subdivision (b). There shall be no limitation on the amount of generating capacity or number of new eligible customer-generators entitled to receive service pursuant to the standard contract or tariff after July 1, 2017. An eligible customer-generator that has received service under a net energy metering standard contract or tariff pursuant to Section 2827 that is no longer eligible to receive service shall be eligible to receive service pursuant to the standard contract or tariff developed by the commission pursuant to this section. (Amended by Stats. 2022, Ch. 61, Sec. 11. (AB 205) Effective June 30, 2022.)
  137. 2827.10.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    This section sets rules for net energy metering for eligible fuel cell customer-generators and requires electrical corporations to file and offer a standard tariff.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2827.10. (a) As used in this section, the following terms have the following meanings: (1) “Electrical corporation” means an electrical corporation, as defined in Section 218. (2) “Eligible fuel cell electrical generating facility” means a facility that includes the following: (A) Integrated powerplant systems containing a stack, tubular array, or other functionally similar configuration used to electrochemically convert fuel to electricity. (B) An inverter and fuel processing system where necessary. (C) Other plant equipment, including heat recovery equipment used to support the facility’s operation or its energy conversion. (3) (A) “Eligible fuel cell customer-generator” means a customer of an electrical corporation that meets all the following criteria: (i) Uses a fuel cell electrical generating facility with a generating capacity of not more than five megawatts that is located on or adjacent to the customer’s owned, leased, or rented premises, is interconnected and operates in parallel with the electrical grid while the grid is operational or in a grid independent mode when the grid is nonoperational, and is sized to offset part or all of the eligible fuel cell customer-generator’s own electrical requirements. (ii) Is the recipient of local, state, or federal funds, or who self-finances projects designed to encourage the development of eligible fuel cell electrical generating facilities. (iii) Uses technology the commission has determined will achieve reductions in emissions of greenhouse gases pursuant to subdivision (b). (iv) Complies with the emissions standards adopted by the State Air Resources Board pursuant to the distributed generation certification program requirements of Section 94203 of Title 17 of the California Code of Regulations, or any successor regulation. (B) For purposes of this paragraph, a person or entity is a customer of the electrical corporation if the customer is physically located within the service territory of the electrical corporation and receives bundled service, distribution service, or transmission service from the electrical corporation. (4) “Net energy metering” means measuring the difference between the electricity supplied through the electrical grid and the difference between the electricity generated by an eligible fuel cell electrical generating facility and fed back to the electrical grid over a 12-month period as described in subdivision (f). Net energy metering shall be accomplished using a time-of-use meter capable of registering the flow of electricity in two directions. If the existing electrical meter of an eligible fuel cell customer-generator is not capable of measuring the flow of electricity in two directions, the eligible fuel cell customer-generator shall be responsible for all expenses involved in purchasing and installing a meter that is able to measure electricity flow in two directions. If an additional meter or meters are installed, the net energy metering calculation shall yield a result identical to that of a time-of-use meter. (b) (1) Not later than March 31, 2017, the State Air Resources Board, in consultation with the Energy Commission, shall establish a schedule of annual greenhouse gas emissions reduction standards for a fuel cell electrical generation resource for purposes of clause (iii) of subparagraph (A) of paragraph (3) of subdivision (a) and shall update the schedule every three years with applicable standards for each intervening year. (2) The greenhouse gas emissions reduction standards shall ensure that each fuel cell electrical generation resource, for purposes of clause (iii) of subparagraph (A) of paragraph (3) of subdivision (a), reduces greenhouse gas emissions compared to the electrical grid resources, including renewable resources, that the fuel cell electrical generation resource displaces, accounting for both procurement and operation of the electrical grid. (c) (1) Every electrical corporation, not later than March 1, 2004, shall file with the commission a standard tariff providing for net energy metering for eligible fuel cell customer-generators, consistent with this section. Subject to the limitation in subdivision (g), every electrical corporation shall make this tariff available to eligible fuel cell customer-generators upon request, on a first-come-first-served basis, until the total cumulative rated generating capacity of the eligible fuel cell electrical generating facilities receiving service pursuant to the tariff, in addition to the installed capacity as of January 1, 2017, reaches a level equal to its proportionate share of a statewide limitation of 500 megawatts cumulative rated generation capacity served under this section. The proportionate share shall be calculated based on the ratio of the electrical corporation’s peak demand compared to the total statewide peak demand. (2) To continue the growth of the market for onsite electrical generation using fuel cells, the commission may review and incrementally raise the limitation established in paragraph (1) on the total cumulative rated generating capacity of the eligible fuel cell electrical generating facilities receiving service pursuant to the tariff in paragraph (1). (d) In determining the eligibility for the cumulative rated generating capacity within an electrical corporation’s service territory, preference shall be given to facilities that, at the time of installation, are located in a community with significant exposure to air contaminants or localized air contaminants, or both, including, but not limited to, communities of minority populations or low-income populations, or both, based on the ambient air quality standards established pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code. (e) (1) Each net energy metering contract or tariff shall be identical, with respect to rate structure, all retail rate components, and any monthly charges, to the contract or tariff to which the customer would be assigned if the customer was not an eligible fuel cell customer-generator. Any new or additional demand charge, standby charge, customer charge, minimum monthly charge, interconnection charge, or other charge that would increase an eligible fuel cell customer-generator’s costs beyond those of other customers in the rate class to which the eligible fuel cell customer-generator would otherwise be assigned are contrary to the intent of the Legislature in enacting this section, and shall not form a part of net energy metering tariffs. (2) The commission shall authorize an electrical corporation to charge a fuel cell customer-generator a fee based on the cost to the utility associated with providing interconnection inspection services for that fuel cell customer-generator. (f) The net metering calculation shall be made by measuring the difference between the electricity supplied to the eligible fuel cell customer-generator and the electricity generated by the eligible fuel cell customer-generator and fed back to the electrical grid over a 12-month period. The following rules apply to the annualized metering calculation: (1) The eligible fuel cell customer-generator shall, at the end of each 12-month period following the date of final interconnection of the eligible fuel cell electrical generating facility with an electrical corporation, and at each anniversary date thereafter, be billed for electricity used during that period. The electrical corporation shall determine if the eligible fuel cell customer-generator was a net consumer or a net producer of electricity during that period. For purposes of determining if the eligible fuel cell customer-generator was a net consumer or a net producer of electricity during that period, the electrical corporation shall aggregate the electrical load of the meters located on the property where the eligible fuel cell electrical generating facility is located and on all property adjacent or contiguous to the property on which the facility is located, if those properties are solely owned, leased, or rented by the eligible fuel cell customer-generator. Each aggregated account shall be billed and measured according to a time-of-use rate schedule. (2) At the end of each 12-month period, where the electricity supplied during the period by the electrical corporation exceeds the electricity generated by the eligible fuel cell customer-generator during that same period, the eligible fuel cell customer-generator is a net electricity consumer and the electrical corporation shall be owed compensation for the eligible fuel cell customer-generator’s net kilowatthour consumption over that same period. The compensation owed for the eligible fuel cell customer-generator’s consumption shall be calculated as follows: (A) The generation charges for any net monthly consumption of electricity shall be calculated according to the terms of the tariff to which the same customer would be assigned to or be eligible for if the customer was not an eligible fuel cell customer-generator. When the eligible fuel cell customer-generator is a net generator during any discrete time-of-use period, the net kilowatthours produced shall be valued at the same price per kilowatthour as the electrical corporation would charge for retail kilowatthour sales for generation, exclusive of any surcharges, during that same time-of-use period. If the eligible fuel cell customer-generator’s time-of-use electrical meter is unable to measure the flow of electricity in two directions, paragraph (4) of subdivision (a) applies. All other charges, other than generation charges, shall be calculated in accordance with the eligible fuel cell customer-generator’s applicable tariff and based on the total kilowatthours delivered by the electrical corporation to the eligible fuel cell customer-generator. To the extent that charges for transmission and distribution services are recovered through demand charges in any particular month, no standby reservation charges shall apply in that monthly billing cycle. (B) The net balance of moneys owed shall be paid in accordance with the electrical corporation’s normal billing cycle. (3) At the end of each 12-month period, where the electricity generated by the eligible fuel cell customer-generator during the 12-month period exceeds the electricity supplied by the electrical corporation during that same period, the eligible fuel cell customer-generator is a net electricity producer and the electrical corporation shall retain any excess kilowatthours generated during the prior 12-month period. The eligible fuel cell customer-generator shall not be owed any compensation for those excess kilowatthours. (4) If an eligible fuel cell customer-generator terminates service with the electrical corporation, the electrical corporation shall reconcile the eligible fuel cell customer-generator’s consumption and production of electricity during any 12-month period. (g) A fuel cell electrical generating facility shall not be eligible for the tariff unless it commences operation on or before December 31, 2023, unless a later enacted statute, that is chaptered on or before December 31, 2023, extends this eligibility commencement date. The tariff shall remain in effect for an eligible fuel cell electrical generating facility that commences operation pursuant to the tariff on or before December 31, 2023. A fuel cell customer-generator is eligible for the tariff established pursuant to this section only for the operating life of the eligible fuel cell electrical generating facility. (Amended by Stats. 2021, Ch. 258, Sec. 42. (SB 155) Effective September 23, 2021.)
  138. 2827.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    Eligible net energy metering generation keeps the net energy metering terms in effect when its permits were acquired, if it met the permit and construction dates.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2827.7. Generation eligible for net energy metering that has all local and state permits required to commence construction on or before December 31, 2002, and has completed construction on or before September 30, 2003, shall be entitled, regardless of any change in customer or ownership of the energy system, for the life of the installation, to the net energy metering terms in effect on the date the local and state permits were acquired. (Amended by Stats. 2002, Ch. 836, Sec. 4. Effective January 1, 2003.)
  139. 2827.8.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    Eligible customer-generators using wind energy co-metering above 50 kW and up to 1 MW must use metering that measures electricity flow both ways, take service on a time-of-use rate schedule, and pay meter purchase and installation costs if their existing meter does not qualify.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2827.8. Notwithstanding any other provisions of this article, the following provisions apply to an eligible customer-generator utilizing wind energy co-metering with a capacity of more than 50 kilowatts, but not exceeding one megawatt, unless approved by the electric service provider. (a) The eligible customer-generator shall be required to utilize a meter, or multiple meters, capable of separately measuring electricity flow in both directions. Nothing in this section precludes the use of advanced metering infrastructure devices. All meters shall provide “time-of-use” measurements of electricity flow, and the customer shall take service on a time-of-use rate schedule. If the existing meter of the eligible customer-generator is not a time-of-use meter or is not capable of measuring total flow of energy in both directions, the eligible customer-generator is responsible for all expenses involved in purchasing and installing a meter that is both time-of-use and able to measure total electricity flow in both directions. This subdivision shall not restrict the ability of an eligible customer-generator to utilize any economic incentives provided by a government agency or the electric service provider to reduce its costs for purchasing and installing a time-of-use meter. (b) The consumption of electricity from the electric service provider for wind energy co-metering by an eligible customer-generator shall be priced in accordance with the standard rate charged to the eligible customer-generator in accordance with the rate structure to which the customer would be assigned if the customer did not use an eligible wind electrical generating facility. The generation of electricity provided to the electric service provider shall result in a credit to the eligible customer-generator and shall be priced in accordance with the generation component, excluding surcharges to cover the purchase of power by the Department of Water Resources, established under the applicable structure to which the customer would be assigned if the customer did not use an eligible wind electrical generating facility. (Amended by Stats. 2012, Ch. 609, Sec. 2. (AB 2514) Effective January 1, 2013.)
  140. 2828.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    This section defines key terms and sets rules for City and County of San Francisco renewable generation, credits, meters, filings, and remote-load arrangements with Pacific Gas and Electric Company.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2828. (a) As used in this section, the following terms have the following meanings: (1) “Appropriate TOU tariff” means the Time-of-Use tariff that would be applicable to the City and County of San Francisco account at the renewable electricity generation facility site if the facility at the site were a Pacific Gas and Electric Company bundled customer, as determined by Pacific Gas and Electric Company. (2) “Environmental attributes” associated with the Hetch Hetchy Water and Power (HHWP) at-site renewable generation and HHWP remote renewable generation include, but are not limited to, the credits, benefits, emissions reductions, environmental air quality credits, and emissions reduction credits, offsets, and allowances, however entitled, resulting from the avoidance of the emissions of any gas, chemical, or other substance attributable to the Hetch Hetchy Water and Power renewable electricity generation facility owned by the City and County of San Francisco. (3) “HHWP at-site renewable generation” means the electricity generated by renewable electricity generation facilities designated by the City and County of San Francisco pursuant to subdivision (b). (4) “HHWP remote renewable generation” means the electricity generated by renewable electricity generation facilities designated by the City and County of San Francisco pursuant to subdivision (h), to provide electricity to qualifying remote load. (5) “Interconnection Agreement” means the 1987 agreement between Pacific Gas and Electric Company and the City and County of San Francisco, as filed with and accepted by the Federal Energy Regulatory Commission (FERC), and as amended from time to time with FERC approval, which provides for rates for transmission, distribution, and sales of supplemental electricity to the City and County of San Francisco. Nothing in this section shall waive or modify the rights of parties under the Interconnection Agreement or the jurisdiction of the FERC over rates set forth in the Interconnection Agreement. (6) “Qualifying remote load” means the electricity demand of the City and County of San Francisco for load served under the Interconnection Agreement, at sites that are separate from, and not adjacent to, the sites where the renewable electricity generation facility is located, and serviced through a meter or multiple meters other than those serving the sites where the renewable electricity generation facility is located. The separate or remote sites may be designated by the City and County of San Francisco, both inside and outside of the City and County of San Francisco. Where the separate or remote sites are outside the City and County of San Francisco, they shall be located within 20 miles of the City and County of San Francisco or within 20 miles of a HHWP remote renewable generation facility. There is no wattage limit on qualifying remote load. (7) “Renewable electricity generation facility” means a facility for the generation of electricity that satisfies both of the following requirements: (A) The facility uses biomass, solar thermal, photovoltaic, wind, geothermal, fuel cells using renewable fuels, small hydroelectric generation of 30 megawatts or less, digester gas, municipal solid waste conversion, landfill gas, ocean wave, ocean thermal, or tidal current, and any additions or enhancements to the facility using that technology. (B) The facility is owned, or under lease or contract to, the City and County of San Francisco for at least a five-year term and for the full output of electricity from the facility. (b) The City and County of San Francisco may elect to designate specific renewable electricity generation facilities as HHWP at-site renewable generation, if all of the following conditions are met: (1) Total peak generating capacity does not exceed 15 megawatts. (2) The renewable electricity generation facility utilizes a meter, or multiple meters, capable of separately measuring electricity flow in both directions. All meters shall provide “time-of-use” measurement information. If the existing meter at the site of the facility is not capable of providing time-of-use information or is not capable of separately measuring total flow of energy in both directions, the City and County of San Francisco is responsible for all expenses involved in purchasing and installing a meter or meters that are both capable of providing time-of-use information and able to separately measure total electricity flow in both directions. (3) The amount of all electricity delivered to the electric grid by the designated HHWP at-site renewable generation is the property of Pacific Gas and Electric Company. (4) The City and County of San Francisco does not sell electricity delivered to the electric grid from the designated HHWP at-site renewable generation to a third party. (c) For each site of a renewable electricity generation facility that comprises the HHWP at-site renewable generation, Pacific Gas and Electric Company shall identify the appropriate TOU tariff for that site. Any electricity exported to the Pacific Gas and Electric Company grid at that site that is not generated from HHWP remote renewable generation pursuant to subdivision (h) shall, for each time-of-use period, result in a monetary credit to be applied monthly as a credit or offset against the invoice created pursuant to the Interconnection Agreement and shall be valued at the generation component of the appropriate TOU tariff. The commission shall determine if it is appropriate to increase the credit to reflect any additional value derived from the location or the environmental attributes of, the designated HHWP at-site renewable generation. (d) Monthly charges and credit amounts for HHWP at-site renewable generation are interim and subject to an accounting true-up, consistent with commission policies and practices. The true-up shall be performed annually or upon the termination, for any reason, of the Interconnection Agreement. The true-up shall accomplish the following: (1) If the total electricity delivered to the site by Pacific Gas and Electric Company since the previous true-up equals or exceeds the total electricity exported to the grid by the HHWP at-site renewable generation facility at the site, the City and County of San Francisco is a net electricity consumer at that site. For any HHWP at-site renewable generation site where the City and County of San Francisco is a net electricity consumer, a credit or offset shall be applied to reduce the obligations of the City and County of San Francisco to an invoice prepared pursuant to the Interconnection Agreement. If there is no invoiced obligation to be reduced, there is no applicable credit. (2) If the total electricity delivered to the site by Pacific Gas and Electric Company since the previous true-up is less than the total electricity exported to the grid by the HHWP at-site renewable generation facility at the site, the City and County of San Francisco is a net electricity producer at that site. For any HHWP at-site renewable generation site where the City and County of San Francisco is a net electricity producer, the City and County of San Francisco shall receive no credit or offset for the electricity exported to the grid in excess of the electricity delivered to the site from the grid. For any site where the City and County of San Francisco is a net electricity producer, the City and County of San Francisco shall receive a credit or offset up to the amount of electricity delivered to the site from the grid. The credit or offset shall be applied to reduce the obligations of the City and County of San Francisco to an invoice prepared pursuant to the Interconnection Agreement. If there is no invoiced obligation to be reduced, there is no applicable credit or offset. Pacific Gas and Electric Company shall use the last-in, first-out method to determine what electricity delivered to the grid from the site will not earn a credit or offset. (e) Pursuant to this section, the offset to charges under the Interconnection Agreement is the medium to convey credits earned under this section. Nothing in this section shall be construed to affect in any way the rights and obligations of the City and County of San Francisco and Pacific Gas and Electric Company under the Interconnection Agreement. If the Interconnection Agreement terminates, the City and County of San Francisco and Pacific Gas and Electric Company shall develop an alternative mechanism to convey credits earned under this section for HHWP at-site renewable generation and for HHWP remote renewable generation, in a manner that accomplishes the same result as that accomplished pursuant to the Interconnection Agreement. (f) (1) Pacific Gas and Electric Company shall file an advice letter with the commission, that complies with this section, not later than 10 days after the City and County of San Francisco first designates the specific renewable electricity generation facilities that will comprise HHWP at-site renewable generation. (2) The commission, within 30 days of the date of filing of the advice letter, shall approve the advice letter or specify conforming changes to be made by Pacific Gas and Electric Company to be filed in an amended advice letter within 30 days. (g) The City and County of San Francisco may terminate its election pursuant to subdivisions (b), (c), (d), and (h), upon providing Pacific Gas and Electric Company with a minimum of 60 days’ written notice. (h) (1) The City and County of San Francisco may elect to designate specific renewable electricity generation facilities or a portion of specific renewable electricity generation facilities as HHWP remote renewable generation and may use HHWP remote renewable generation to supply electricity to specific facilities designated as qualifying remote load up to the amount of electricity being used by the qualifying remote load. (2) The City and County of San Francisco shall receive no credit or offset for the electricity exported to the grid from HHWP remote renewable generation, in excess of the electricity delivered from the grid to qualifying remote load. (3) Pacific Gas and Electric Company shall accept any electricity exported to the grid as HHWP remote renewable generation, up to the amount of electricity being used during the corresponding time period by the qualifying remote load, and treat the electricity accepted as behind the meter generation that offsets the electrical usage of qualifying remote load. Additional rates may apply pursuant to paragraph (6). (4) The City and County of San Francisco shall be responsible for scheduling the electricity exported to the grid from HHWP remote renewable generation. (5) Both HHWP remote renewable generation sites and qualifying remote load sites shall have meters capable of measuring exports and usage of electricity that will support determination of credits or offsets pursuant to paragraph (2). The City and County of San Francisco shall be responsible for the costs of the meters required pursuant to this section. (6) To compensate Pacific Gas and Electric Company for the use of its facilities, the City and County of San Francisco shall pay applicable distribution rates, transmission rates, or distribution and transmission rates, at rate levels determined by the Interconnection Agreement, for all energy delivered to qualifying remote load that comes from HHWP remote renewable generation. When HHWP remote renewable generation and the qualifying remote load it serves are located within the City and County of San Francisco and are interconnected at distribution voltage, the applicable rate for delivery of energy from HHWP remote renewable generation shall be reduced as negotiated pursuant to the Interconnection Agreement. (7) The appropriate regulatory agency shall ensure that the delivery of electricity by HHWP remote renewable generation to qualifying remote load, and the granting of offsets to the City and County of San Francisco pursuant to this subdivision, do not result in a shifting of costs to bundled service customers, either immediately or over time. (i) Hetch Hetchy Water and Power shall reimburse Pacific Gas and Electric Company for its reasonable study costs associated with HHWP remote and at-site renewable generation to address interconnection, consistent with applicable regulatory rules, and impacts upon the electric system resulting from the HHWP remote and at-site renewable generation. If the studies identify improvements necessary for the protection of the Pacific Gas and Electric Company electric system, for the protection of its employees, or to ensure reliable delivery of the electricity generated by the HHWP remote and at-site renewable generation facility to qualifying remote load, Hetch Hetchy Water and Power shall pay the reasonable costs of the improvements if it elects to designate the HHWP remote and at-site renewable generation facility to provide electricity for qualifying remote load. (j) The interconnection of HHWP at-site renewable generation and HHWP remote renewable generation will be accomplished through one or more generator interconnection agreements pursuant to applicable regulatory rules and generator interconnection procedures. (k) The City and County of San Francisco shall own the environmental attributes associated with the electricity delivered to the electric grid by HHWP at-site renewable generation and HHWP remote renewable generation unless it contracts otherwise. (Amended by Stats. 2009, Ch. 598, Sec. 1. (SB 581) Effective January 1, 2010.)
  141. 2829.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. )

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    Electrical corporations must deliver EBMUD-generated electricity on request, EBMUD may designate certain hydroelectric facilities, EBMUD must pay approved rates, and the commission must act on required advice letters and prevent cost shifting.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Private Energy Producers [2801 - 2829] ( Heading of Chapter 7 renumbered from Chapter 4.5 (as added by Stats. 1976, Ch. 915) by Stats. 1977, Ch. 579. ) ## ARTICLE 3. Rights, Obligations, and Charges [2821 - 2829] ( Article 3 added by Stats. 1980, Ch. 373, Sec. 3. ) ## 2829. (a) For purposes of this section, the following terms have the following meanings: (1) “EBMUD” means the East Bay Municipal Utility District organized and operating pursuant to Division 6 (commencing with Section 11501). (2) “Environmental attributes” associated with the generation of electricity include the credits, benefits, emissions reductions, environmental air quality credits, and emissions reduction credits, offsets, and allowances, however entitled, resulting from the avoidance of the emissions of any gas, chemical, or other substance attributable to an electricity generation facility. (b) To ensure that no electrical corporation operates its monopoly transmission and distribution system in a manner that impedes the ability of the EBMUD to reduce its electricity costs through the delivery of electricity generated by EBMUD, an electrical corporation shall meet the requirements of this section. (c) An electrical corporation that owns and operates transmission and distribution facilities that deliver electricity at one or more locations to the EBMUD’s system shall, upon request by EBMUD, and without discrimination or delay, use the same facilities to deliver electricity generated by EBMUD. EBMUD may elect to designate specific hydroelectric generation facilities owned by EBMUD for the generation of electricity to be delivered to EBMUD, if the following conditions are met: (1) The amount of all electricity delivered to the electric grid by the designated EBMUD hydroelectric generation is the property of EBMUD. (2) Ownership and use of the environmental attributes associated with the electricity delivered to the electric grid by EBMUD-designated hydroelectric generation is retained by EBMUD. (d) (1) No rule, order, or tariff of the commission implementing direct transactions is applicable to electricity generated by EBMUD, that is delivered to EBMUD for its own use that is transported over the transmission and distribution system of an electrical corporation, pursuant to an election made by EBMUD pursuant to subdivision (c). (2) Sections 365 and 366 are not applicable to electricity generated by EBMUD, that is delivered to EBMUD for its own use that is transported over the transmission and distribution system of an electrical corporation, pursuant to an election made by EBMUD pursuant to subdivision (c). (e) To compensate an electrical corporation for the use of its facilities, EBMUD shall pay applicable rates approved by the commission for distribution, or distribution and transmission, or any transmission rates as required under federal law. (f) On or before January 1, 2009, each electrical corporation that owns and operates transmission and distribution facilities that deliver electricity at one or more locations to the EBMUD system shall file an advice letter with the commission that complies with this section. The commission, within 150 days of the date of filing of the advice letter, shall approve the advice letter or specify conforming changes to be made by the electrical corporation, to be filed in an amended advice letter within 60 days. (g) The commission shall ensure that the delivery of electricity from EBMUD-designated hydroelectric generation to the EBMUD service territory pursuant to this section does not result in a shifting of costs to the bundled service customers of an electrical corporation, either immediately or over time. (Amended by Stats. 2008, Ch. 179, Sec. 196. Effective January 1, 2009.)
  142. 2830.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Local Government Renewable Energy Self-Generation Program [2830- 2830.] ( Chapter 7.5 added by Stats. 2008, Ch. 540, Sec. 1. )

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    This section lets a local government or tribe use a local renewable generation program if the listed conditions are met, and it sets billing, notice, filing, and credit rules for the local government, the electrical corporation, and the commission.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Local Government Renewable Energy Self-Generation Program [2830- 2830.] ( Chapter 7.5 added by Stats. 2008, Ch. 540, Sec. 1. ) ## 2830. (a) As used in this section, the following terms have the following meanings: (1) “Benefiting account” means an electricity account, or more than one account, that satisfies any of the following: (A) The account or accounts are located within the geographical boundaries of a local government or, for a campus, within the geographical boundary of the city, county, or city and county in which the campus is located, with the account or accounts being mutually agreed upon by the local government or campus and an electrical corporation. (B) The account or accounts belong to members of a joint powers authority and are located within the geographical boundaries of the group of public agencies that formed the joint powers authority, if the eligible renewable generating facility and electricity account or accounts are wholly located within a single county within which the joint powers authority is located and electric service is provided by a single electrical corporation, with the account or accounts being mutually agreed upon by the joint powers authority and the electrical corporation. (C) The account or accounts belong to a tribe and are located on land owned by or under the jurisdiction of the tribe, if the eligible renewable generating facility and electricity account or accounts are wholly located within a single county within which the tribe is located and electrical service is provided by a single electrical corporation, with the account or accounts being mutually agreed upon by the tribe and the electrical corporation. (2) “Bill credit” means an amount of money credited to a benefiting account that is calculated based upon the time-of-use electricity generation component of the electricity usage charge of the generating account, multiplied by the quantities of electricity generated by an eligible renewable generating facility that are exported to the grid during the corresponding time period. Electricity is exported to the grid if it is generated by an eligible renewable generating facility, is not utilized onsite by the local government, and the electricity flows through the meter site and on to the electrical corporation’s distribution or transmission infrastructure. (3) “Campus” means an individual community college campus, individual California State University campus, or individual University of California campus. (4) “Eligible renewable generating facility” means a generation facility that meets all of the following requirements: (A) Has a generating capacity of no more than five megawatts. (B) Is an eligible renewable energy resource, as defined in Article 16 (commencing with Section 399.11) of Part 1. (C) Is located within the geographical boundary of the local government or, for a campus, within the geographical boundary of the city or city and county, if the campus is located in an incorporated area, or county, if the campus is located in an unincorporated area or, for a tribe, on land owned by or under the jurisdiction of the tribe. (D) Is owned by, operated by, or on property under the control of the local government, campus, or tribe. (E) Is sized to offset all or part of the electrical load of the benefiting account. For these purposes, premises that are leased by a local government, campus, or tribe are under the control of the local government, campus, or tribe. (5) “Generating account” means the time-of-use electric service account of the local government or campus where the eligible renewable generating facility is located. (6) “Local government” means a city, county, whether general law or chartered, city and county, special district, school district, political subdivision, other local public agency, or a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code) that has as members public agencies located within the same county and same electrical corporation service territory, but shall not mean the state, any agency or department of the state, other than an individual campus of the University of California or the California State University, or any joint powers authority that has as members public agencies located in different counties or different electrical corporation service territories, or that has as a member the federal government, any federal department or agency, this or another state, or any department or agency of this state or another state. (7) “Tribe” means a California Native American tribe, as defined in Section 21073 of the Public Resources Code. (b) Subject to the limitation in subdivision (h), a local government or tribe may elect to receive electric service pursuant to this section if all of the following conditions are met: (1) The local government or tribe designates one or more benefiting accounts to receive a bill credit. (2) A benefiting account receives service under a time-of-use rate schedule. (3) The benefiting account is the responsibility of, and serves property that is owned, operated, or on property under the control of the same local government or tribe that owns, operates, or controls the eligible renewable generating facility. (4) The electrical output of the eligible renewable generating facility is metered for time of use to allow calculation of the bill credit based upon when the electricity is exported to the grid. (5) All costs associated with the metering requirements of paragraphs (2) and (4) are the responsibility of the local government or tribe, or its members. (6) All costs associated with interconnection are the responsibility of the local government or tribe, or its members. For purposes of this paragraph, “interconnection” has the same meaning as defined in Section 2803, except that it applies to the interconnection of an eligible renewable generating facility rather than the energy source of a private energy producer. (7) The local government or tribe does not sell electricity exported to the electrical grid to a third party. (8) All electricity exported to the grid by the local government or tribe that is generated by the eligible renewable generating facility becomes the property of the electrical corporation to which the facility is interconnected, but shall not be counted toward the electrical corporation’s total retail sales for purposes of Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1. Ownership of the renewable energy credits, as defined in Section 399.12, shall be the same as the ownership of the renewable energy credits associated with electricity that is net metered pursuant to Section 2827. (9) An electrical corporation shall not be required to compensate a local government or tribe for electricity generated from an eligible renewable facility pursuant to this section in excess of the bill credits applied to the designated benefiting account. A local government renewable generation facility participating pursuant to this section shall not be eligible for any other tariff or program that requires an electrical corporation to purchase generation from that facility while participating in the local government renewable energy self-generation program pursuant to this section. (c) The following billing and crediting procedures will apply to a local government or tribe electing to receive electric service pursuant to this chapter: (1) A benefiting account shall be billed for all electricity usage, and for each bill component, at the rate schedule applicable to the benefiting account, including any cost-responsibility surcharge or other cost recovery mechanism, as determined by the commission, to reimburse the Department of Water Resources for purchases of electricity, pursuant to Division 27 (commencing with Section 80000) of the Water Code. (2) The bill shall then subtract the bill credit applicable to the benefiting account. The generation component credited to the benefiting account shall not include the cost-responsibility surcharge or other cost recovery mechanism, as determined by the commission, to reimburse the Department of Water Resources for purchases of electricity, pursuant to Division 27 (commencing with Section 80000) of the Water Code. The electrical corporation shall ensure that the local government receives the full bill credit. (3) If, during the billing cycle, the generation component of the electricity usage charges exceeds the bill credit, the benefiting account shall be billed for the difference. (4) If, during the billing cycle, the bill credit applied pursuant to paragraph (2) exceeds the generation component of the electricity usage charges, the difference shall be carried forward as a financial credit to the next billing cycle. (5) After the electricity usage charge pursuant to paragraph (1) and the credit pursuant to paragraph (2) are determined for the last billing cycle of a 12-month period, any remaining credit resulting from the application of this section shall be reset to zero. (d) The commission shall ensure that the transfer of a bill credit to a benefiting account does not result in a shifting of costs to bundled service subscribers. The costs associated with the transfer of a bill credit shall include all billing-related expenses. (e) Not more frequently than once per year, and upon providing the electrical corporation with a minimum of 60 days’ notice, the participating local government or tribe may elect to change a benefiting account. Any credit resulting from the application of this section earned prior to the change in a benefiting account that has not been used as of the date of the change in the benefiting account shall be applied, and may only be applied, to a benefiting account as changed. (f) A participating local government or tribe shall provide the electrical corporation to which the eligible renewable generating facility will be interconnected with not less than 60 days’ notice prior to the eligible renewable generating facility becoming operational. The electrical corporation shall file an advice letter with the commission that complies with this section not later than 30 days after receipt of the notice proposing a rate tariff for a benefiting account. The commission, within 30 days of the date of filing, shall approve the proposed tariff or specify conforming changes to be made by the electrical corporation to be filed in a new advice letter. (g) The local government or tribe may terminate its election pursuant to subdivision (b), upon providing the electrical corporation with a minimum of 60 days’ notice. If the local government or tribe sells its interest in the eligible renewable generating facility, or sells the electricity generated by the eligible renewable generating facility, in a manner other than required by this section, upon the date of either event, and the earliest date if both events occur, no further bill credit pursuant to paragraph (3) of subdivision (b) may be earned. Only credit earned prior to that date shall be made to a benefiting account. (h) An electrical corporation is not obligated to provide a bill credit to a benefiting account that is not designated by a local government prior to the point in time that the combined statewide cumulative rated generating capacity of all eligible renewable generating facilities within the service territories of the state’s three largest electrical corporations reaches 250 megawatts. Only those eligible renewable generating facilities that are providing bill credits to benefiting accounts pursuant to this section shall count toward reaching this 250-megawatt limitation. Each electrical corporation shall only be required to offer service or contracts under this section until that electrical corporation reaches its proportionate share of the 250-megawatt limitation based on the ratio of its peak demand to the total statewide peak demand of all electrical corporations. (i) This chapter does not apply to an electrical corporation with 60,000 or fewer customer accounts. (Amended by Stats. 2021, Ch. 141, Sec. 1. (SB 479) Effective January 1, 2022.)
  143. 2831.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.6. Green Tariff Shared Renewables Program [2831 - 2833] ( Chapter 7.6 added by Stats. 2013, Ch. 413, Sec. 1. )

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    This section states the Legislature’s findings and intent for a green tariff shared renewables program.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.6. Green Tariff Shared Renewables Program [2831 - 2833] ( Chapter 7.6 added by Stats. 2013, Ch. 413, Sec. 1. ) ## 2831. The Legislature finds and declares all of the following: (a) Building operational generating facilities that utilize sources of renewable energy within California, to supply the state’s demand for electricity, provides significant financial, health, environmental, and workforce benefits to the State of California. (b) The California Solar Initiative will achieve its goals, resulting in over 150,000 residential and commercial onsite installations of solar energy systems. However, the California Solar Initiative cannot reach all residents and businesses that want to participate and is limited to only solar energy systems and not other eligible renewable energy resources. A green tariff shared renewables program seeks to build on the success of the California Solar Initiative by expanding access to all eligible renewable energy resources to all ratepayers who are currently unable to access the benefits of onsite generation. (c) There is widespread interest from many large institutional customers, including schools, colleges, universities, local governments, businesses, and the military, for the development of generation facilities that are eligible renewable energy resources to serve more than 33 percent of their energy needs. (d) Public institutions will benefit from a green tariff shared renewables program’s enhanced flexibility to participate in shared generation facilities that are eligible renewable energy resources. (e) Building operational generating facilities that are eligible renewable energy resources creates jobs, reduces emissions of greenhouse gases, and promotes energy independence. (f) Many large energy users in California have pursued onsite electrical generation from eligible renewable energy resources, but cannot achieve their goals due to rooftop or land space limitations, or size limits on net energy metering. The enactment of this chapter will create a mechanism whereby institutional customers, such as military installations, universities, and local governments, as well as commercial customers and groups of individuals, can meet their needs with electrical generation from eligible renewable energy resources. (g) It is the intent of the Legislature that a green tariff shared renewables program be implemented in such a manner that facilitates a large, sustainable market for offsite electrical generation from facilities that are eligible renewable energy resources, while fairly compensating electrical corporations for the services they provide, without affecting nonparticipating ratepayers. (h) It is the further intent of the Legislature that a green tariff shared renewables program be implemented in a manner that ensures nonparticipating ratepayer indifference for the remaining bundled service, direct access, and community choice aggregation customers. (Added by Stats. 2013, Ch. 413, Sec. 1. (SB 43) Effective January 1, 2014.)
  144. 2831.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.6. Green Tariff Shared Renewables Program [2831 - 2833] ( Chapter 7.6 added by Stats. 2013, Ch. 413, Sec. 1. )

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    This section names the chapter the Green Tariff Shared Renewables Program and defines key terms used in it.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.6. Green Tariff Shared Renewables Program [2831 - 2833] ( Chapter 7.6 added by Stats. 2013, Ch. 413, Sec. 1. ) ## 2831.5. (a) This chapter shall be known, and may be cited, as the Green Tariff Shared Renewables Program. (b) For purposes of this chapter, the following terms have the following meanings: (1) “Eligible renewable energy resource,” “renewable energy credit,” and “renewables portfolio standard” have the same meaning as those terms have for the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1). (2) “Participating utility” means an electrical corporation with 100,000 or more customer accounts in California. (Added by Stats. 2013, Ch. 413, Sec. 1. (SB 43) Effective January 1, 2014.)
  145. 2832.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.6. Green Tariff Shared Renewables Program [2831 - 2833] ( Chapter 7.6 added by Stats. 2013, Ch. 413, Sec. 1. )

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    This section requires a participating utility to file an application for a green tariff shared renewables program by March 1, 2014, and requires the commission to decide on that application by July 1, 2014.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.6. Green Tariff Shared Renewables Program [2831 - 2833] ( Chapter 7.6 added by Stats. 2013, Ch. 413, Sec. 1. ) ## 2832. (a) On or before March 1, 2014, a participating utility shall file with the commission an application requesting approval of a green tariff shared renewables program to implement a program that the utility determines is consistent with the legislative findings and statements of intent of Section 2831. Nothing in this chapter limits an electrical corporation with less than 100,000 customer accounts in California from filing an application with the commission to administer a green tariff shared renewables program that is consistent with the legislative findings and statements of intent of Section 2831. (b) On or before July 1, 2014, the commission shall issue a decision on the participating utility’s application for a green tariff shared renewables program, determining whether to approve or disapprove it, with or without modifications. (c) After notice and an opportunity for public comment, the commission shall approve an application by a participating utility for a green tariff shared renewables program if the commission determines that the program is reasonable and consistent with the legislative findings and statements of intent of Section 2831. (d) The requirements of this chapter shall not apply to an electrical corporation that, prior to May 1, 2013, filed an application with the commission to have a green tariff shared renewables program, or an equivalent program of whatever name, provided the commission approves the application with a determination that the program does not shift costs to nonparticipating customers and the application is consistent with this chapter. If the commission has approved a settlement agreement relative to parties contesting an application filed prior to May 1, 2013, the requirements of this section shall not apply if the commission, within a reasonable period of time, requires revisions to the previously approved settlement agreement that requires the program to be consistent with this chapter. (Added by Stats. 2013, Ch. 413, Sec. 1. (SB 43) Effective January 1, 2014.)
  146. 2833.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.6. Green Tariff Shared Renewables Program [2831 - 2833] ( Chapter 7.6 added by Stats. 2013, Ch. 413, Sec. 1. )

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    This section requires and governs a green tariff shared renewables program run by participating utilities, with commission oversight, customer participation limits, procurement rules, billing rules, data disclosure duties, and renewable credit handling.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.6. Green Tariff Shared Renewables Program [2831 - 2833] ( Chapter 7.6 added by Stats. 2013, Ch. 413, Sec. 1. ) ## 2833. (a) (1) Except as specified in paragraph (2), the commission shall require a green tariff shared renewables program to be administered by a participating utility in accordance with this section. (2) On and after April 1, 2023, the commission may authorize through an advice letter a participating utility to terminate its green tariff shared renewables program. (b) Generating facilities participating in a participating utility’s green tariff shared renewables program shall be eligible renewable energy resources with a nameplate rated generating capacity not exceeding 20 megawatts, except for those generating facilities reserved for location in areas identified by the California Environmental Protection Agency as the most impacted and disadvantaged communities pursuant to paragraph (1) of subdivision (d), which shall not exceed one megawatt nameplate rated generating capacity. (c) A participating utility shall use commission-approved tools and mechanisms to procure additional eligible renewable energy resources for its green tariff shared renewables program from electrical generation facilities that are in addition to those required by the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1). For purposes of this subdivision, “commission-approved tools and mechanisms” means those procurement methods approved by the commission for an electrical corporation to procure eligible renewable energy resources for purposes of meeting the procurement requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1). (d) A participating utility shall permit customers within the service territory of the utility to purchase electricity pursuant to the tariff approved by the commission to implement the utility’s green tariff shared renewables program, until the utility meets its proportionate share of a statewide limitation of 600 megawatts of customer participation, measured by nameplate rated generating capacity, or the participating utility’s green tariff shared renewables program is terminated or suspended. The proportionate share shall be calculated based on the ratio of each participating utility’s retail sales to total retail sales of electricity by all participating utilities. The commission may place other restrictions on purchases under a green tariff shared renewables program, including restricting participation to a certain level of capacity each year. The following restrictions apply to the statewide 600 megawatt limitation: (1) (A) One hundred megawatts shall be reserved for facilities that are no larger than one megawatt nameplate rated generating capacity and that are located in areas previously identified by the California Environmental Protection Agency as the most impacted and disadvantaged communities. These communities shall be identified by census tract, and shall be determined to be the most impacted 20 percent based on results from the best available cumulative impact screening methodology designed to identify each of the following: (i) Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects, exposure, or environmental degradation. (ii) Areas with socioeconomic vulnerability. (B) For purposes of this paragraph, “previously identified” means identified before commencing construction of the facility. (2) Not less than 100 megawatts shall be reserved for participation by residential class customers. (3) Twenty megawatts shall be reserved for the City of Davis. (e) To the extent possible, a participating utility shall seek to procure eligible renewable energy resources that are located in reasonable proximity to enrolled participants. (f) A participating utility’s green tariff shared renewables program shall support diverse procurement and the goals of commission General Order 156. (g) A participating utility’s green tariff shared renewables program shall not allow a customer to subscribe to more than 100 percent of the customer’s electricity demand. (h) Except as authorized by this subdivision, a participating utility’s green tariff shared renewables program shall not allow a customer to subscribe to more than two megawatts of nameplate generating capacity. This limitation does not apply to a federal, state, or local government, school or school district, county office of education, the California Community Colleges, the California State University, or the University of California. (i) A participating utility’s green tariff shared renewables program shall not allow any single entity or its affiliates or subsidiaries to subscribe to more than 20 percent of any single calendar year’s total cumulative rated generating capacity. (j) To the extent possible, a participating utility shall actively market the utility’s green tariff shared renewables program to low-income and minority communities and customers. (k) Participating customers shall receive bill credits for the generation of a participating eligible renewable energy resource using the class average retail generation cost as established in the participating utility’s approved tariff for the class to which the participating customer belongs, plus a renewables adjustment value representing the difference between the time-of-delivery profile of the eligible renewable energy resource used to serve the participating customer and the class average time-of-delivery profile and the resource adequacy value, if any, of the resource contained in the utility’s green tariff shared renewables program. The renewables adjustment value applicable to a time-of-delivery profile of an eligible renewable energy resource shall be determined according to rules adopted by the commission. For these purposes, “time-of-delivery profile” refers to the daily generating pattern of a participating eligible renewable energy resource over time, the value of which is determined by comparing the generating pattern of that participating eligible renewable energy resource to the demand for electricity over time and other generating resources available to serve that demand. (l) Participating customers shall pay a renewable generation rate established by the commission, the administrative costs of the participating utility, and any other charges the commission determines are just and reasonable to fully cover the cost of procuring a green tariff shared renewables program’s resources to serve a participating customer’s needs. (m) A participating customer’s rates shall be debited or credited with any other commission-approved costs or values applicable to the eligible renewable energy resources contained in a participating utility’s green tariff shared renewables program’s portfolio. These additional costs or values shall be applied to new customers when they initially subscribe after the cost or value has been approved by the commission. (n) Participating customers shall pay all otherwise applicable charges without modification. (o) A participating utility shall permit a participating customer to subscribe to the program and be provided with a nonbinding estimate of reasonably anticipated bill credits and bill charges, as determined by the commission, for a period of up to 20 years. (p) A participating utility shall provide support for enhanced community renewables programs to facilitate development of eligible renewable energy resource projects located close to the source of demand. (q) The commission shall ensure that charges and credits associated with a participating utility’s green tariff shared renewables program are set in a manner that ensures nonparticipant ratepayer indifference for the remaining bundled service, direct access, and community choice aggregation customers and ensures that no costs are shifted from participating customers to nonparticipating ratepayers. (r) A participating utility shall track and account for all revenues and costs to ensure that the utility recovers the actual costs of the utility’s green tariff shared renewables program and that all costs and revenues are fully transparent and auditable. (s) Any renewable energy credits associated with electricity procured by a participating utility for the utility’s green tariff shared renewables program and used by a participating customer shall be retired by the participating utility on behalf of the participating customer. Those renewable energy credits shall not be further sold, transferred, or otherwise monetized for any purpose. Any renewable energy credits associated with electricity procured by a participating utility for the green tariff shared renewables program, but not used by a participating customer, shall be counted toward meeting that participating utility’s renewables portfolio standard. (t) A participating utility shall, in the event of participant customer attrition or other causes that reduce customer participation or electrical demand below generation levels, apply the excess generation from the eligible renewable energy resources procured through the utility’s green tariff shared renewables program to the utility’s renewable portfolio standard procurement obligations or bank the excess generation for future use to benefit all customers in accordance with the renewables portfolio standard banking and procurement rules approved by the commission. (u) In calculating its procurement requirements to meet the requirements of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1), a participating utility may exclude from total retail sales the kilowatthours generated by an eligible renewable energy resource that is credited to a participating customer pursuant to the utility’s green tariff shared renewables program, commencing with the point in time at which the generating facility achieves commercial operation. (v) All renewable energy resources procured on behalf of participating customers in the participating utility’s green tariff shared renewables program shall comply with the State Air Resources Board’s Voluntary Renewable Electricity Program. California-eligible greenhouse gas allowances associated with these purchases shall be retired on behalf of participating customers as part of the board’s Voluntary Renewable Electricity Program. (w) A participating utility shall provide a municipality with aggregated consumption data for participating customers within the municipality’s jurisdiction to allow for reporting on progress toward climate action goals by the municipality. A participating utility shall also publicly disclose, on a geographic basis, consumption data and reductions in emissions of greenhouse gases achieved by participating customers in the utility’s green tariff shared renewables program, on an aggregated basis consistent with privacy protections as specified in Chapter 5 (commencing with Section 8380) of Division 4.1. (x) This section does not prohibit or restrict a community choice aggregator from offering its own voluntary renewable energy programs to participating customers of the community choice aggregation. (Amended by Stats. 2022, Ch. 418, Sec. 1. (AB 2838) Effective January 1, 2023.)
  147. 2835.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. )

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    This section defines several energy-storage terms and says the commission must not discourage energy storage development and ownership by electrical corporations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. ) ## 2835. For purposes of this chapter, the following terms have the following meanings: (a) (1) “Energy storage system” means commercially available technology that is capable of absorbing energy, storing it for a period of time, and thereafter dispatching the energy. An “energy storage system” may have any of the characteristics in paragraph (2), shall accomplish one of the purposes in paragraph (3), and shall meet at least one of the characteristics in paragraph (4). (2) An “energy storage system” may have any of the following characteristics: (A) Be either centralized or distributed. (B) Be either owned by a load-serving entity or local publicly owned electric utility, a customer of a load-serving entity or local publicly owned electric utility, or a third party, or is jointly owned by two or more of the above. (3) An “energy storage system” shall be cost effective and either reduce emissions of greenhouse gases, reduce demand for peak electrical generation, defer or substitute for an investment in generation, transmission, or distribution assets, or improve the reliable operation of the electrical transmission or distribution grid. (4) An “energy storage system” shall do one or more of the following: (A) Use mechanical, chemical, or thermal processes to store energy that was generated at one time for use at a later time. (B) Store thermal energy for direct use for heating or cooling at a later time in a manner that avoids the need to use electricity at that later time. (C) Use mechanical, chemical, or thermal processes to store energy generated from renewable resources for use at a later time. (D) Use mechanical, chemical, or thermal processes to store energy generated from mechanical processes that would otherwise be wasted for delivery at a later time. (b) “Load-serving entity” has the same meaning as defined in Section 380. (c) “New” means, in reference to an energy storage system, a system that is installed and first becomes operational after January 1, 2010. (d) “Offpeak” means, in reference to electrical demand, a period that is not within a peak demand period. (e) “Peak demand period” means a period of high daily, weekly, or seasonal demand for electricity. For purposes of this chapter, the peak demand period for a load-serving entity shall be determined, or approved, by the commission and shall be determined, or approved, for a local publicly owned electric utility, by its governing body. (f) “Procure” and “procurement” means, in reference to the procurement of an energy storage system, to acquire by ownership or by a contractual right to use the energy from, or the capacity of, including ancillary services, an energy storage system owned by a load-serving entity, local publicly owned electric utility, customer, or third party. Nothing in this chapter, and no action by the commission, shall discourage or disadvantage development and ownership of an energy storage system by an electrical corporation. (Added by Stats. 2010, Ch. 469, Sec. 2. (AB 2514) Effective January 1, 2011.)
  148. 2836.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. )

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    The commission and each local publicly owned electric utility board must start a process to determine possible energy storage procurement targets, set targets if appropriate, and review the determinations every three years.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. ) ## 2836. (a) (1) On or before March 1, 2012, the commission shall open a proceeding to determine appropriate targets, if any, for each load-serving entity to procure viable and cost-effective energy storage systems to be achieved by December 31, 2015, and December 31, 2020. As part of this proceeding, the commission may consider a variety of possible policies to encourage the cost-effective deployment of energy storage systems, including refinement of existing procurement methods to properly value energy storage systems. (2) The commission shall adopt the procurement targets, if determined to be appropriate pursuant to paragraph (1), by October 1, 2013. (3) The commission shall reevaluate the determinations made pursuant to this subdivision not less than once every three years. (4) Nothing in this section prohibits the commission’s evaluation and approval of any application for funding or recovery of costs of any ongoing or new development, trialing, and testing of energy storage projects or technologies outside of the proceeding required by this chapter. (b) (1) On or before March 1, 2012, the governing board of each local publicly owned electric utility shall initiate a process to determine appropriate targets, if any, for the utility to procure viable and cost-effective energy storage systems to be achieved by December 31, 2016, and December 31, 2020. As part of this proceeding, the governing board may consider a variety of possible policies to encourage the cost-effective deployment of energy storage systems, including refinement of existing procurement methods to properly value energy storage systems. (2) The governing board shall adopt the procurement targets, if determined to be appropriate pursuant to paragraph (1), by October 1, 2014. (3) The governing board shall reevaluate the determinations made pursuant to this subdivision not less than once every three years. (Amended by Stats. 2012, Ch. 606, Sec. 9. (AB 2227) Effective January 1, 2013.)
  149. 2836.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. )

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    When adopting or reevaluating energy storage procurement targets and policies, the commission must consider specified data and information and make sure the targets and policies are technologically viable and cost effective.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. ) ## 2836.2. In adopting and reevaluating appropriate energy storage system procurement targets and policies pursuant to subdivision (a) of Section 2836, the commission shall do all of the following: (a) Consider existing operational data and results of testing and trial pilot projects from existing energy storage facilities. (b) Consider available information from the California Independent System Operator derived from California Independent System Operator testing and evaluation procedures. (c) Consider the integration of energy storage technologies with other programs, including demand-side management or other means of achieving the purposes identified in Section 2837 that will result in the most efficient use of generation resources and cost-effective energy efficient grid integration and management. (d) Ensure that the energy storage system procurement targets and policies that are established are technologically viable and cost effective. (Added by Stats. 2010, Ch. 469, Sec. 2. (AB 2514) Effective January 1, 2011.)
  150. 2836.4.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. )

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    An energy storage system may be used to satisfy resource adequacy requirements if it meets applicable standards.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. ) ## 2836.4. (a) An energy storage system may be used to meet the resource adequacy requirements established for a load-serving entity pursuant to Section 380 if it meets applicable standards. (b) An energy storage system may be used to meet the resource adequacy requirements established by a local publicly owned electric utility pursuant to Section 9620 if it meets applicable standards. (Added by Stats. 2010, Ch. 469, Sec. 2. (AB 2514) Effective January 1, 2011.)
  151. 2836.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. )

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    A load-serving entity or local publicly owned electric utility must make all energy storage system procurement cost effective.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. ) ## 2836.6. All procurement of energy storage systems by a load-serving entity or local publicly owned electric utility shall be cost effective. (Added by Stats. 2010, Ch. 469, Sec. 2. (AB 2514) Effective January 1, 2011.)
  152. 2836.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. )

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    This section requires certain Los Angeles utility authorities to assess and, in some cases, direct deployment of energy storage, and encourages related permitting and compliance actions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. ) ## 2836.7. By June 1, 2018, all of the following shall occur: (a) (1) The Los Angeles Department of Water and Power shall, in coordination with the city council of the City of Los Angeles, if it chooses to participate, determine the cost-effectiveness and feasibility of deploying, on an expedited basis, a minimum aggregate total of 100 megawatts of cost-effective energy storage solutions to help address the Los Angeles Basin’s electrical system operational limitations resulting from reduced gas deliverability from the Aliso Canyon natural gas storage facility. (2) If the Los Angeles Department of Water and Power determines pursuant to paragraph (1) that deploying the cost-effective energy storage solutions, as described in paragraph (1), is cost effective and feasible, it shall consider deploying those cost-effective energy storage solutions after June 1, 2018. (b) The commission shall, to the extent that doing so is cost effective and feasible and necessary to meet the reliability requirements of the electrical system in the Los Angeles Basin, direct an electrical corporation serving the Los Angeles Basin to deploy, pursuant to a competitive solicitation, a minimum aggregate total of 20 megawatts of cost-effective energy storage solutions to help address the Los Angeles Basin’s electrical system operational limitations resulting from reduced gas deliverability from the Aliso Canyon natural gas storage facility. An electrical corporation may count any cost-effective energy storage solution that it deploys pursuant to this subdivision towards the capacity requirement established pursuant to Section 2838.2 if the cost-effective storage solution that it deploys is a distributed energy storage system, as defined in subdivision (a) of Section 2838.2. (c) (1) It is the intent of the Legislature that the commission and all public utilities having jurisdiction affected by this section or by actions taken pursuant to this section shall take immediate actions to support rapid compliance with this section, including by allowing or developing fast-tracked permitting, interconnection studies, and interconnection processes, and through rule waivers or adjustments if appropriate, to support rapid or more rapid site acquisition for energy storage project developments and customer acquisition of energy storage solutions. This paragraph is not intended to in any way modify the obligations of the commission or a public utility under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (2) It is the intent of the Legislature that local governments having jurisdiction affected by this section or by actions taken pursuant to this section strongly consider taking immediate actions to support rapid compliance with this section, including by allowing or developing fast-tracked permitting and waiving or adjusting procedural requirements, to support rapid or more rapid site acquisition for energy storage project developments and customer acquisition of energy storage solutions. This paragraph is not intended to in any way modify the obligations of a local government under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (d) For purposes of this section, the following terms have the following meanings: (1) “Cost-effective energy storage solution” means any grid-connected energy storage facility developed on or after the effective date of this section of any type or technology, including transmission-connected, distribution-connected, and behind-the-meter sited or located resources, that will mitigate the limitation on gas storage capacity and gas deliverability resulting from the well failure at the Aliso Canyon natural gas storage facility. Cost-effective energy storage solutions shall be designed to be capable of providing a four-hour duration resource adequacy service, which may include energy delivery for the full four hours at a rated output, and shall be capable of delivering electricity to the source of demand and required to accept and execute reasonable remote or centralized dispatch commands. (2) To “deploy” means to procure a cost-effective energy storage solution on or after the effective date of this section that may be a third-party-owned solution, or a solution procured pursuant to a power-purchase agreement or rebate program, or pursuant to any other third-party ownership structure, as allowed by applicable rules governing electric service and procurement, sited or located where the project will mitigate the limitation on gas storage capacity and gas deliverability resulting from the well failure at the Aliso Canyon natural gas storage facility. (3) “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. (Amended by Stats. 2018, Ch. 92, Sec. 175. (SB 1289) Effective January 1, 2019.)
  153. 2837.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. )

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    Each electrical corporation’s renewable energy procurement plan must require utility procurement of new energy storage systems.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. ) ## 2837. Each electrical corporation’s renewable energy procurement plan, prepared and approved pursuant to Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1, shall require the utility to procure new energy storage systems that are appropriate to allow the electrical corporation to comply with the energy storage system procurement targets and policies adopted pursuant to Section 2836. The plan shall address the acquisition and use of energy storage systems in order to achieve the following purposes: (a) Integrate intermittent generation from eligible renewable energy resources into the reliable operation of the transmission and distribution grid. (b) Allow intermittent generation from eligible renewable energy resources to operate at or near full capacity. (c) Reduce the need for new fossil-fuel powered peaking generation facilities by using stored electricity to meet peak demand. (d) Reduce purchases of electricity generation sources with higher emissions of greenhouse gases. (e) Eliminate or reduce transmission and distribution losses, including increased losses during periods of congestion on the grid. (f) Reduce the demand for electricity during peak periods and achieve permanent load-shifting by using thermal storage to meet air-conditioning needs. (g) Avoid or delay investments in transmission and distribution system upgrades. (h) Use energy storage systems to provide the ancillary services otherwise provided by fossil-fueled generating facilities. (Added by Stats. 2010, Ch. 469, Sec. 2. (AB 2514) Effective January 1, 2011.)
  154. 2838.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. )

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    Load-serving entities must file compliance reports with the commission by January 1, 2016 and January 1, 2021, and the commission must post copies of those reports online with confidential information removed.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. ) ## 2838. (a) (1) By January 1, 2016, each load-serving entity shall submit a report to the commission demonstrating that it has complied with the energy storage system procurement targets and policies adopted by the commission pursuant to subdivision (a) of Section 2836. (2) By January 1, 2021, each load-serving entity shall submit a report to the commission demonstrating that it has complied with the energy storage system procurement targets and policies adopted by the commission pursuant to subdivision (a) of Section 2836. (b) The commission shall ensure that a copy of each report required by subdivision (a), with any confidential information redacted, is available on the commission’s Internet Web site. (Added by Stats. 2010, Ch. 469, Sec. 2. (AB 2514) Effective January 1, 2011.)
  155. 2838.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. )

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    This section defines distributed energy storage terms and requires the commission to direct the three largest electrical corporations to file program applications.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. ) ## 2838.2. (a) The following definitions apply to this section: (1) “Distributed energy storage system” means an energy storage system with a useful life of at least 10 years that is connected to the distribution system or is located on the customer side of the meter. (2) “Energy storage management system” means a system by which an electrical corporation can manage the charging and discharging of the distributed energy storage system in a manner that provides benefits to ratepayers. (b) The commission, in consultation with the State Air Resources Board and the Energy Commission, shall direct the state’s three largest electrical corporations to file applications for programs and investments to accelerate widespread deployment of distributed energy storage systems to achieve ratepayer benefits, reduce dependence on petroleum, meet air quality standards, and reduce emissions of greenhouse gases. Programs and investments proposed by the state’s three largest electrical corporations shall seek to minimize overall costs and maximize overall benefits. (c) (1) The commission may approve, or modify and approve, programs and investments of an electrical corporation in distributed energy storage systems with appropriate energy storage management systems and reasonable mechanisms for cost recovery, if they are consistent with the requirements of this section and do not unreasonably limit or impair the ability of nonutility enterprises to market and deploy energy storage systems. The total capacity of the programs and investments in distributed energy storage systems approved by the commission pursuant to this section shall not exceed 500 megawatts, divided equally among the state’s three largest electrical corporations. (2) No more than 25 percent of the capacity of distributed energy storage systems approved for programs and investments pursuant to this section shall be provided by behind-the-meter systems. (3) The capacity authorized pursuant to paragraph (1) is in addition to any investments authorized pursuant to Section 2836. (d) (1) The commission shall resolve each application filed by an electrical corporation pursuant to this section within 12 months of the date of filing of the completed application. (2) The commission shall prioritize those programs and investments that provide distributed energy storage systems to public sector and low-income customers. (Added by Stats. 2016, Ch. 681, Sec. 2. (AB 2868) Effective January 1, 2017.)
  156. 2838.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. )

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    The commission must make sure approved energy storage program and investment costs are recovered in proportion to the benefits received.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. ) ## 2838.3. It is the intent of the Legislature that the commission, in authorizing an electrical corporation to recover the costs of approved energy storage programs and investments from all customers pursuant to Section 2838.2, shall ensure that the costs for the programs and investments are recovered in proportion to the benefits received, consistent with Section 451. (Added by Stats. 2016, Ch. 681, Sec. 3. (AB 2868) Effective January 1, 2017.)
  157. 2838.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. )

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    This section says Chapter 7.7 does not apply to certain electrical corporations and public utility districts that meet listed conditions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. ) ## 2838.5. Notwithstanding any provision of this chapter, the requirements of this chapter do not apply to either of the following: (a) An electrical corporation that has 60,000 or fewer customer accounts within California. (b) A public utility district that receives all of its electricity pursuant to a preference right adopted and authorized by the United States Congress pursuant to Section 4 of the Trinity River Division Act of August 12, 1955 (Public Law 84-386). (Added by Stats. 2010, Ch. 469, Sec. 2. (AB 2514) Effective January 1, 2011.)
  158. 2839.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. )

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    The commission cannot enforce this chapter’s requirements against a local publicly owned electric utility.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.7. Energy Storage Systems [2835 - 2839] ( Chapter 7.7 added by Stats. 2010, Ch. 469, Sec. 2. ) ## 2839. The commission does not have authority or jurisdiction to enforce any of the requirements of this chapter against a local publicly owned electric utility. (Repealed and added by Stats. 2012, Ch. 606, Sec. 11. (AB 2227) Effective January 1, 2013.)
  159. 2840.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. )

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    This section says the article may be cited as the Waste Heat and Carbon Emissions Reduction Act.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. ) ## 2840. This article shall be known and may be cited as the Waste Heat and Carbon Emissions Reduction Act. (Added by Stats. 2007, Ch. 713, Sec. 1. Effective January 1, 2008.)
  160. 2840.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. )

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    This section defines key terms for combined heat and power systems, eligible customer-generators, excess electricity, and greenhouse gases, and it assigns meter-purchase and installation costs to the eligible customer-generator if the existing meter cannot measure electricity flow both ways.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. ) ## 2840.2. For purposes of this article, the following terms have the following meanings: (a) “Combined heat and power system” means a system that produces both electricity and thermal energy for heating or cooling from a single fuel input that meets all of the following: (1) Is interconnected to, and operates in parallel with, the electrical transmission and distribution grid. (2) Is sized to meet the eligible customer-generator’s onsite thermal demand. (3) Meets the efficiency standards of subdivisions (a) and (d) of, and the greenhouse gases emissions performance standard of subdivision (f) of, Section 2843. (b) “Eligible customer-generator” means a customer of an electrical corporation that meets both of the following requirements: (1) Uses a combined heat and power system with a generating capacity of not more than 20 megawatts, that first commences operation on or after January 1, 2008. (2) Uses a time-of-use meter capable of registering the flow of electricity in two directions. If the existing electrical meter of an eligible customer-generator is not capable of measuring the flow of electricity in two directions, the eligible customer-generator shall be responsible for all expenses involved in purchasing and installing a meter that is able to measure electricity flow in two directions. If an additional meter or meters are installed, the electricity flow calculations shall yield a result identical to that of a time-of-use meter. (c) “Excess electricity” means the net electricity exported to the electrical grid, generated by a combined heat and power system that is in compliance with Section 2843. (d) “Greenhouse gas” or “greenhouse gases” includes all of the following gases: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. (Amended by Stats. 2019, Ch. 396, Sec. 36. (AB 1513) Effective January 1, 2020.)
  161. 2840.4.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. )

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    The Legislature states that combined heat and power systems are more efficient than separate systems and can recover waste heat to reduce fuel use.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. ) ## 2840.4. The Legislature finds and declares all of the following: (a) Combined heat and power systems produce both electricity and thermal energy from a single fuel input, thus achieving much greater efficiency than the usual separate systems for producing these forms of energy, and reducing consumption of fuel. (b) Combined heat and power systems recover heat that would otherwise be wasted in separate energy applications, and use this heat to avoid consumption of fuel that would otherwise be required to produce heat. (c) Gigawatthours of potential useful electricity and millions of British thermal units of thermal energy could be derived from unused waste heat that is currently being vented into the atmosphere. (Added by Stats. 2007, Ch. 713, Sec. 1. Effective January 1, 2008.)
  162. 2840.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. )

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    This section states the Legislature’s intent to improve natural gas efficiency by capturing waste heat, reduce wasteful energy use, support combined heat and power systems, and exclude certain pre-2008 or larger systems from the article’s application.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. ) ## 2840.6. (a) It is the intent of the Legislature that state policies dramatically advance the efficiency of the state’s use of natural gas by capturing unused waste heat, and in so doing, help offset the growing crisis in electricity supply and transmission congestion in the state. (b) It is the intent of the Legislature to reduce wasteful consumption of energy through improved residential, commercial, institutional, industrial, and manufacturer utilization of waste heat whenever it is cost effective, technologically feasible, and environmentally beneficial, particularly when this reduces emissions of carbon dioxide and other carbon-based greenhouse gases. (c) It is the intent of the Legislature to support and facilitate both customer- and utility-owned combined heat and power systems. (d) This article does not apply to, and shall not impact, combined heat and power systems in operation prior to January 1, 2008, or combined heat and power systems with a generating capacity greater than 20 megawatts. (Added by Stats. 2007, Ch. 713, Sec. 1. Effective January 1, 2008.)
  163. 2841.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. )

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    The commission may set rules and rates for electrical corporations to buy excess electricity from eligible customer-generators, and electrical corporations must file and provide the tariff.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. ) ## 2841. (a) The commission may require an electrical corporation to purchase from an eligible customer-generator, excess electricity that is delivered to the grid that is generated by a combined heat and power system that is in compliance with Section 2843. The commission may establish a maximum kilowatthours limitation on the amount of excess electricity that an electrical corporation is required to purchase if the commission finds that the anticipated excess electricity generated has an adverse effect on long-term resource planning or reliable operation of the grid. The commission shall establish, in consultation with the Independent System Operator, tariff provisions that facilitate both the provisions of this chapter and the reliable operation of the grid. (b) (1) Every electrical corporation shall file with the commission a standard tariff for the purchase of excess electricity from an eligible customer-generator. (2) The tariff shall provide for payment for every kilowatthour delivered to the electrical grid by the combined heat and power system at a price determined by the commission. (3) The tariff shall include flexible rates with options for different durations, not to exceed 10 years, and fixed or variable rates relative to the cost of natural gas. (4) The commission shall ensure that ratepayers not utilizing combined heat and power systems are held indifferent to the existence of this tariff. (c) The commission, in reviewing the tariff filed by an electrical corporation, shall establish time-of-delivery rates that encourage demand management and net generation of electricity during periods of peak system demand. (d) Every electrical corporation shall make the tariff available to eligible customer-generators that own, or lease, and operate a combined heat and power system within the service territory of the electrical corporation, upon request. An electrical corporation may make the terms of the tariff available to an eligible customer in the form of a standard contract. (e) The costs and benefits associated with any tariff or contract entered into by an electrical corporation pursuant to this section shall be allocated to all benefiting customers. For purposes of this section “benefiting customers” may, as determined by the commission, include bundled service customers of the electrical corporation, customers of the electrical corporation that receive their electric service through a direct transaction, as defined in subdivision (c) of Section 331, and customers of an electrical corporation that receive their electric service from a community choice aggregator, as defined in Section 331.1. (f) The physical generating capacity of the combined heat and power system shall count toward the resource adequacy requirements of load-serving entities for purposes of Section 380. (g) The commission shall adopt or maintain standby rates or charges for combined heat and power systems that are based only upon assumptions that are supported by factual data, and shall exclude any assumptions that forced outages or other reductions in electricity generation by combined heat and power systems will occur simultaneously on multiple systems, or during periods of peak electrical system demand, or both. (h) The commission may modify or adjust the requirements of this article for any electrical corporation with less than 100,000 service connections, as individual circumstances merit. (Added by Stats. 2007, Ch. 713, Sec. 1. Effective January 1, 2008.)
  164. 2841.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. )

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    A local publicly owned electric utility serving retail end-use customers must set up a program that lets customers use combined heat and power systems and buys excess electricity from those systems at a just and reasonable rate.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. ) ## 2841.5. A local publicly owned electric utility serving retail end-use customers shall establish a program that does both of the following: (a) Allows retail end-use customers to utilize combined heat and power systems that reduce emissions of greenhouse gases by achieving improved efficiencies utilizing heat that would otherwise be wasted in separate energy applications. (b) Provides a market for the purchase of excess electricity generated by a combined heat and power system, at a just and reasonable rate, to be determined by the governing body of the utility. (Added by Stats. 2007, Ch. 713, Sec. 1. Effective January 1, 2008.)
  165. 2842.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. )

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    When approving an electrical corporation’s procurement plan, the commission must require the plan to include combined heat and power solutions if they are cost effective, technologically feasible, and environmentally beneficial.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. ) ## 2842. The commission, in approving a procurement plan for an electrical corporation pursuant to Section 454.5, shall require that the electrical corporation’s procurement plan incorporate combined heat and power solutions to the extent that it is cost effective compared to other competing forms of wholesale generation, technologically feasible, and environmentally beneficial, particularly as it pertains to reducing emissions of carbon dioxide and other greenhouse gases. (Added by Stats. 2007, Ch. 713, Sec. 1. Effective January 1, 2008.)
  166. 2842.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. )

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    The commission must ensure that electrical corporations use long-term planning and reliability assessments for transmission and distribution upgrades, and that those upgrades do not conflict with promoting qualifying combined heat and power systems.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. ) ## 2842.2. The commission shall ensure that an electrical corporation utilizes long-term planning and a reliability assessment for upgrades to its transmission and distribution systems and that any upgrades are not inconsistent with promoting combined heat and power systems that are cost effective, technologically feasible, and environmentally beneficial, particularly as those combined heat and power systems reduce emissions of greenhouse gases. (Added by Stats. 2007, Ch. 713, Sec. 1. Effective January 1, 2008.)
  167. 2842.4.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. )

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    The commission must create a pay-as-you-save pilot program for eligible electrical-customer projects, and electrical corporations must offer on-bill financing until the 100-megawatt cap is reached.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. ) ## 2842.4. (a) The commission shall, for each electrical corporation, establish a pay-as-you-save pilot program for eligible customers. (b) For the purposes of this section, an “eligible customer” means a customer of an electrical corporation that meets the following criteria: (1) The customer uses a combined heat and power system with a generating capacity of not more than 20 megawatts that is in compliance with Section 2843. (2) The customer is any of the following: (A) A nonprofit organization described in Section 501(c) (3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c) (3)), that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)). (B) A federal, state, or local government facility. (c) The pilot program shall enable an eligible customer to finance all of the upfront costs for the purchase and installation of a combined heat and power system by repaying those costs over time through on-bill financing at the difference between what an eligible customer would have paid for electricity and the actual savings derived for a period of up to 10 years. (d) The commission shall ensure that the reasonable costs of the electrical corporation associated with the pilot program are recovered. (e) All costs of the pay-as-you-save program or financing mechanisms shall be borne solely by the combined heat and power generators that use the program or financing mechanisms, and the commission shall ensure that the costs of the program are not shifted to the other customers or classes of customers of the electrical corporation. (f) Each electric corporation shall make on-bill financing available to eligible customers until the statewide cumulative rated generating capacity from pilot program combined heat and power systems in the service territories of the three largest electrical corporations in the state reaches 100 megawatts. An electrical corporation shall only be required to participate in the pilot program until it meets its proportionate share of the 100-megawatt limitation, based on the percentage of its peak demand to the total statewide peak demand within the service territories of all electrical corporations. (g) An approval made by the Department of Finance for a state agency to purchase, lease, or otherwise acquire a combined heat and power facility that would be financed through the pay-as-you-save pilot program, may not be made sooner than 30 days after written notification thereof is provided to the Chairperson of the Senate Committee on Budget and Fiscal Review, the Chairperson of the Assembly Committee on Budget, and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the Chairperson of the Joint Legislative Budget Committee may determine. (Amended by Stats. 2008, Ch. 253, Sec. 1. Effective January 1, 2009.)
  168. 2843.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. )

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    The Energy Commission must adopt guidelines for qualifying combined heat and power systems, and eligible customer-generators must meet emissions, efficiency, maintenance, and related requirements.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Energy Efficiency Systems [2840 - 2843] ( Chapter 8 added by Stats. 2007, Ch. 713, Sec. 1. ) ## ARTICLE 1. Waste Heat and Carbon Emissions Reduction Act [2840 - 2843] ( Article 1 added by Stats. 2007, Ch. 713, Sec. 1. ) ## 2843. (a) The Energy Commission shall, by January 1, 2010, adopt guidelines that combined heat and power systems subject to this chapter shall meet, and shall accomplish all of the following: (1) Reduce waste energy. (2) Be sized to meet the eligible customer-generator’s thermal load. (3) Operate continuously in a manner that meets the expected thermal load and optimizes the efficient use of waste heat. (4) Are cost effective, technologically feasible, and environmentally beneficial. (b) It is the intent of the Legislature that the guidelines do not permit customers to operate as de facto wholesale generators with guaranteed purchasers for their electricity. (c) Notwithstanding any other provisions of law, the guidelines required by this section shall be exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The guidelines shall be adopted at a publicly noticed meeting offering all interested parties an opportunity to comment. At least 30 days’ public notice shall be given of the meeting required by this section, before the Energy Commission initially adopts guidelines. Substantive changes to the guidelines shall not be adopted without at least 10 days’ written notice to the public. (d) Prior to January 1, 2010, the Energy Commission may adopt temporary guidelines for combined heat and power systems that comply with the parameters set forth in subdivision (a). (e) (1) An eligible customer-generator’s combined heat and power system shall meet an oxides of nitrogen (NOx) emissions rate standard of 0.07 pounds per megawatthour and a minimum efficiency of 60 percent. A minimum efficiency of 60 percent shall be measured as useful energy output divided by fuel input. The efficiency determination shall be based on 100-percent load. (2) An eligible customer-generator’s combined heat and power system that meets the 60-percent efficiency standard may take a credit to meet the applicable NOx emissions standard of 0.07 pounds per megawatthour. Credit shall be at the rate of one megawatthour for each 3.4 million British thermal units of heat recovered. (f) An eligible customer-generator’s combined heat and power system shall comply with the greenhouse gases emission performance standard established by the commission pursuant to Section 8341. (g) An eligible customer-generator shall adequately maintain and service the combined heat and power system so that during operation, the system continues to meet or exceed the efficiency and emissions standards established pursuant to subdivisions (a), (d), and (f). (Added by Stats. 2007, Ch. 713, Sec. 1. Effective January 1, 2008.)
  169. 285.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. )

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    The commission must require interconnected VoIP service providers to collect and remit surcharges on California intrastate revenues for specified public purpose funds.

    ## 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 1.5. Advisory Boards [270 - 285] ( Chapter 1.5 added by Stats. 1999, Ch. 677, Sec. 2. ) ## 285. (a) As used in this section, “interconnected Voice over Internet Protocol (VoIP) service” has the same meaning as in Section 9.3 of Title 47 of the Code of Federal Regulations. (b) The Legislature finds and declares that the sole purpose of this section is to require the commission to impose the surcharges pursuant to this section to ensure that end-use customers of interconnected VoIP service providers contribute to the funds enumerated in this section, and, therefore, this section does not indicate the intent of the Legislature with respect to any other purpose. (c) The commission shall require interconnected VoIP service providers to collect and remit surcharges on their California intrastate revenues in support of the following public purpose program funds: (1) California High-Cost Fund-A Administrative Committee Fund under Section 275. (2) California High-Cost Fund-B Administrative Committee Fund under Section 276. (3) Universal Lifeline Telephone Service Trust Administrative Committee Fund under Section 277. (4) Deaf and Disabled Telecommunications Program Administrative Committee Fund under Section 278. (5) California Teleconnect Fund Administrative Committee Fund under Section 280. (6) California Advanced Services Fund under Section 281. (d) The authority to impose a surcharge pursuant to this section applies only to a surcharge imposed on end-use customers for interconnected VoIP service provided to an end-use customer’s place of primary use that is located within California. As used in this subdivision, “place of primary use” means the street address where the end-use customer’s use of interconnected VoIP service primarily occurs, or a reasonable proxy as determined by the interconnected VoIP service provider, such as the customer’s registered location for 911 purposes. (Amended by Stats. 2021, Ch. 658, Sec. 3. (AB 14) Effective October 8, 2021.)
  170. 28500.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. )

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    This part may be cited as the “San Francisco Bay Area Rapid Transit District Act.”

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. ) ## 28500. This part is known and may be cited as the “San Francisco Bay Area Rapid Transit District Act.” (Added by Stats. 1957, Ch. 1056.)
  171. 28501.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. )

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    This section explains why the Bay Area rapid transit district law exists: to support the use of San Francisco Bay and provide effective rapid transit in the area.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. ) ## 28501. This part is in furtherance of the declared policy of the State to stimulate the maximum use of the harbor in San Francisco Bay in order to foster and develop international and other trade for the benefit of the entire State. The geographical situation of San Francisco Bay, which makes it one of the finest harbors in the world, at the same time prevents the full utilization of the harbor by acting as a physical barrier to a system of rapid and effective transportation between the various portions of the metropolitan area surrounding the Bay. Only a specially created district can freely operate in the eighty-four (84) individual units of county, city and county, and city governments located in this area. Because of the unique problems presented by the area it is necessary that this legislation be applicable solely to such area to insure necessary rapid transit service. Extensive studies and surveys have been made at considerable cost in public funds to determine whether or not interurban mass rapid transit would be a feasible instrument for reducing existing and future interurban travel problems and for relieving existing and future traffic congestion on freeways, streets and highways. These surveys have produced convincing evidence that the prosperity of the entire Bay area will depend upon the preservation and enhancement of its urban centers and subcenters; and that sustaining these centers and subcenters as concentrations of employment, commerce, and culture, in turn will depend upon providing an adequate, modern, interurban mass rapid transit system. The studies have also established that to provide a standard of service which will meet the needs of the public, the interurban system must be effectively separated from conflicting traffic either by grade separation of intersecting streets, roads, and highways, or by other equally effective means; and, to the extent practicable, its service must be coordinated with that of other transit facilities in the areas served. (Added by Stats. 1957, Ch. 1056.)
  172. 28502.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. )

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    This section says the part must be interpreted liberally to carry out its stated objects, purposes, and policy.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. ) ## 28502. The part shall be liberally construed to carry out the objects and purposes and the declared policy of the State of California as in this part set forth. (Added by Stats. 1957, Ch. 1056.)
  173. 28502.1.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. )

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    Unless the context requires otherwise, this chapter governs how this part is to be read and applied.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. ) ## 28502.1. Unless the context otherwise requires, the provisions of this chapter govern the construction of this part. (Added by Stats. 1957, Ch. 1056.)
  174. 28503.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. )

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    This section defines “District” to mean the San Francisco Bay Area Rapid Transit District.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. ) ## 28503. “District” as used in this part, means the San Francisco Bay Area Rapid Transit District. (Added by Stats. 1957, Ch. 1056.)
  175. 28504.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. )

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    "San Francisco Bay area" means the listed counties for use in this part.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. ) ## 28504. “San Francisco Bay area,” as used in this part, means the Counties of San Francisco, Marin, Sonoma, Napa, Solano, Contra Costa, Alameda, Santa Clara and San Mateo. (Added by Stats. 1957, Ch. 1056.)
  176. 28505.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. )

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    This section defines “rapid transit” for this part as transporting passengers and their incidental baggage by any means.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. ) ## 28505. “Rapid transit,” as used in this part, means the transportation of passengers and their incidental baggage by any means. (Added by Stats. 1957, Ch. 1056.)
  177. 28506.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. )

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    For the district’s bonded debt limit, “taxable property” does not include solvent credits.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. ) ## 28506. For the purpose of establishing the bonded debt limit of the district, “taxable property,” as used in this part, shall not include solvent credits. (Added by Stats. 1957, Ch. 1056.)
  178. 28507.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. )

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    This section defines “board of supervisors” for this part as the board of supervisors of a county in the San Francisco Bay area.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. ) ## 28507. “Board of supervisors,” as used in this part, means the board of supervisors of a county in the San Francisco Bay area. (Added by Stats. 1957, Ch. 1056.)
  179. 28508.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. )

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    This section defines “board of directors,” “board,” and “directors” to mean the board of directors of the district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. ) ## 28508. “Board of directors,” “board,” or “directors,” as used in this part, means the board of directors of the district. (Added by Stats. 1957, Ch. 1056.)
  180. 28509.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. )

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    In this part, “public agency” includes the State of California and specified local public bodies and public entities organized under California law.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 1. General Provisions and Definitions [28500 - 28509] ( Chapter 1 added by Stats. 1957, Ch. 1056. ) ## 28509. “Public agency,” as used in this part, includes the State of California, and any county, city and county, city, district, or other political subdivision or public entity of, or organized under the laws of, this State. (Added by Stats. 1957, Ch. 1056.)
  181. 2851.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. )

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    This section tells the commission how to run California’s solar incentive program, including who can get incentives, how incentives must decline over time, and several funding limits.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. ) ## 2851. (a) In implementing the California Solar Initiative, the commission shall do all of the following: (1) (A) The commission shall authorize the award of monetary incentives for up to the first megawatt of alternating current generated by solar energy systems that meet the eligibility criteria established by the Energy Commission pursuant to Chapter 8.8 (commencing with Section 25780) of Division 15 of the Public Resources Code. The commission shall determine the eligibility of a solar energy system, as defined in Section 25781 of the Public Resources Code, to receive monetary incentives until the time the Energy Commission establishes eligibility criteria pursuant to Section 25782. Monetary incentives shall not be awarded for solar energy systems that do not meet the eligibility criteria. The incentive level authorized by the commission shall decline each year following implementation of the California Solar Initiative, at a rate of no less than an average of 7 percent per year, and, except as provided in subparagraph (B), shall be zero as of December 31, 2016. The commission shall adopt and publish a schedule of declining incentive levels no less than 30 days in advance of the first decline in incentive levels. The commission may develop incentives based upon the output of electricity from the system, provided those incentives are consistent with the declining incentive levels of this paragraph and the incentives apply to only the first megawatt of electricity generated by the system. (B) The incentive level for the installation of a solar energy system pursuant to Section 2852 shall be zero as of December 31, 2021. (2) The commission shall adopt a performance-based incentive program so that by January 1, 2008, 100 percent of incentives for solar energy systems of 100 kilowatts or greater and at least 50 percent of incentives for solar energy systems of 30 kilowatts or greater are earned based on the actual electrical output of the solar energy systems. The commission shall encourage, and may require, performance-based incentives for solar energy systems of less than 30 kilowatts. Performance-based incentives shall decline at a rate of no less than an average of 7 percent per year. In developing the performance-based incentives, the commission may: (A) Apply performance-based incentives only to customer classes designated by the commission. (B) Design the performance-based incentives so that customers may receive a higher level of incentives than under incentives based on installed electrical capacity. (C) Develop financing options that help offset the installation costs of the solar energy system, provided that this financing is ultimately repaid in full by the consumer or through the application of the performance-based rebates. (3) By January 1, 2008, the commission, in consultation with the Energy Commission, shall require reasonable and cost-effective energy efficiency improvements in existing buildings as a condition of providing incentives for eligible solar energy systems, with appropriate exemptions or limitations to accommodate the limited financial resources of low-income residential housing. (4) Notwithstanding subdivision (g) of Section 2827, the commission may develop a time-variant tariff that creates the maximum incentive for ratepayers to install solar energy systems so that the system’s peak electricity production coincides with California’s peak electricity demands and that ensures that ratepayers receive due value for their contribution to the purchase of solar energy systems and customers with solar energy systems continue to have an incentive to use electricity efficiently. In developing the time-variant tariff, the commission may exclude customers participating in the tariff from the rate cap for residential customers for existing baseline quantities or usage by those customers of up to 130 percent of existing baseline quantities, as required by Section 739.9. Nothing in this paragraph authorizes the commission to require time-variant pricing for ratepayers without a solar energy system. (b) Notwithstanding subdivision (a), in implementing the California Solar Initiative, the commission may authorize the award of monetary incentives for solar thermal and solar water heating devices, in a total amount up to one hundred million eight hundred thousand dollars ($100,800,000). (c) (1) In implementing the California Solar Initiative, the commission shall not allocate more than fifty million dollars ($50,000,000) to research, development, and demonstration that explores solar technologies and other distributed generation technologies that employ or could employ solar energy for generation or storage of electricity or to offset natural gas usage. Any program that allocates additional moneys to research, development, and demonstration shall be developed in collaboration with the Energy Commission to ensure there is no duplication of efforts, and adopted by the commission through a rulemaking or other appropriate public proceeding. Any grant awarded by the commission for research, development, and demonstration shall be approved by the full commission at a public meeting. This subdivision does not prohibit the commission from continuing to allocate moneys to research, development, and demonstration pursuant to the self-generation incentive program for distributed generation resources originally established pursuant to Chapter 329 of the Statutes of 2000, as modified pursuant to Section 379.6. (2) The Legislature finds and declares that a program that provides a stable source of monetary incentives for eligible solar energy systems will encourage private investment sufficient to make solar technologies cost effective. (d) (1) The commission shall not impose any charge upon the consumption of natural gas, or upon natural gas ratepayers, to fund the California Solar Initiative. (2) Notwithstanding any other provision of law, any charge imposed to fund the program adopted and implemented pursuant to this section shall be imposed upon all customers not participating in the California Alternate Rates for Energy (CARE) or family electric rate assistance (FERA) programs, including those residential customers subject to the rate limitation specified in Section 739.9 for existing baseline quantities or usage up to 130 percent of existing baseline quantities of electricity. (3) The costs of the program adopted and implemented pursuant to this section shall not be recovered from customers participating in the California Alternate Rates for Energy or CARE program established pursuant to Section 739.1, except to the extent that program costs are recovered out of the nonbypassable system benefits charge authorized pursuant to Section 399.8. (e) Except as provided in subdivision (f), in implementing the California Solar Initiative, the commission shall ensure that the total cost over the duration of the program does not exceed three billion five hundred fifty million eight hundred thousand dollars ($3,550,800,000). Except as provided in subdivision (f), financial components of the California Solar Initiative shall consist of the following: (1) Programs under the supervision of the commission funded by charges collected from customers of San Diego Gas and Electric Company, Southern California Edison Company, and Pacific Gas and Electric Company. Except as provided in subdivision (f), the total cost over the duration of these programs shall not exceed two billion three hundred sixty-six million eight hundred thousand dollars ($2,366,800,000) and includes moneys collected directly into a tracking account for support of the California Solar Initiative. (2) Programs adopted, implemented, and financed in the amount of seven hundred eighty-four million dollars ($784,000,000), by charges collected by local publicly owned electric utilities pursuant to Section 2854. Nothing in this subdivision shall give the commission power and jurisdiction with respect to a local publicly owned electric utility or its customers. (3) (A) Programs for the installation of solar energy systems on new construction (New Solar Homes Partnership Program), administered by the Energy Commission, and funded by charges in the amount of four hundred million dollars ($400,000,000), collected from customers of San Diego Gas and Electric Company, Southern California Edison Company, and Pacific Gas and Electric Company. If the commission is notified by the Energy Commission that funding available pursuant to Section 25751 of the Public Resources Code for the New Solar Homes Partnership Program and any other funding for the purposes of this paragraph have been exhausted, the commission may require an electrical corporation to continue administration of the program pursuant to the guidelines established for the program by the Energy Commission, until the funding limit authorized by this paragraph has been reached. The commission may determine whether a third party, including the Energy Commission, should administer the utility’s continuation of the New Solar Homes Partnership Program. The commission, in consultation with the Energy Commission, shall supervise the administration of the continuation of the New Solar Homes Partnership Program by an electrical corporation or third-party administrator. After the exhaustion of funds, the Energy Commission shall notify the Joint Legislative Budget Committee 30 days prior to the continuation of the program. This subparagraph shall become inoperative on June 1, 2018. (B) If the commission requires a continuation of the program pursuant to subparagraph (A), any funding made available pursuant to the continuation program shall be encumbered through the issuance of rebate reservations by no later than June 1, 2018, and disbursed by no later than December 31, 2021. (4) The changes made to this subdivision by Chapter 39 of the Statutes of 2012 do not authorize the levy of a charge or any increase in the amount collected pursuant to any existing charge, nor do the changes add to, or detract from, the commission’s existing authority to levy or increase charges. (f) Upon the expenditure or reservation in any electrical corporation’s service territory of the amount specified in paragraph (1) of subdivision (e) for low-income residential housing programs pursuant to subdivision (c) of Section 2852, the commission shall authorize the continued collection of the charge for the purposes of Section 2852. The commission shall ensure that the total amount collected pursuant to this subdivision does not exceed one hundred eight million dollars ($108,000,000). Upon approval by the commission, an electrical corporation may use amounts collected pursuant to subdivision (e) for purposes of funding the general market portion of the California Solar Initiative, that remain unspent and unencumbered after December 31, 2016, to reduce the electrical corporation’s portion of the total amount collected pursuant to this subdivision. (Amended (as amended by Stats. 2015, Ch. 24, Sec. 41) by Stats. 2015, Ch. 612, Sec. 57. (SB 697) Effective January 1, 2016.)
  182. 2851.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. )

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    The commission must use accumulated interest first before collecting additional ratepayer funds for certain nonresidential solar shortfalls, and the discount rate is set at 4 percent unless reduced 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 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. ) ## 2851.1. (a) As used in this section,“discount rate” means a financial mechanism that provides a given amount of interest as an offset to the loss of the time value of money on solar projects that receive performance-based incentives under Section 2851. (b) Before collecting additional ratepayer funds to fund program shortfalls identified for incentive step levels 8, 9, and 10 for nonresidential solar photovoltaic systems, the commission shall first allocate interest accumulated from customer collections and, for the remainder of the shortfall, increase collections from customers of San Diego Gas and Electric Company, Southern California Edison Company, and Pacific Gas and Electric Company for programs described in paragraph (1) of subdivision (e) of Section 2851. (c) The discount rate shall be set at 4 percent, unless the commission determines the rate should be reduced. (Added by Stats. 2011, Ch. 312, Sec. 2. (SB 585) Effective September 22, 2011.)
  183. 2851.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. )

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    School districts and community college districts may ask for an extension of a solar incentive reservation expiration date, but the request must be written and include required details.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. ) ## 2851.5. (a) A school district or community college district may request an extension of a reservation expiration date for monetary incentives for a solar energy system. The commission may grant a maximum of three extensions of 180 calendar days for each extension. (b) An extension request pursuant to subdivision (a) shall be made in writing, submitted to the program administrators, and shall include a written explanation of the need for the extension and the amount of additional time needed. In describing the need for the time extension request, the school district or community college district shall provide information on the circumstances, that are beyond the control of the district, that prevent the solar energy system from being installed as previously described in the initial reservation request. A failure to submit the incentive claim form package by the original or extended reservation expiration date shall result in the cancellation of the request. (c) An approval of a request for a change in the reservation expiration date for monetary incentives for a solar energy system shall not modify any other condition of a reservation for incentives. (Added by Stats. 2008, Ch. 542, Sec. 1. Effective January 1, 2009.)
  184. 2852.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. )

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    This section defines terms for the solar initiative and requires the commission to reserve at least 10% of initiative funds for solar installations on low-income residential housing, while preventing diversion of money from certain existing programs.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. ) ## 2852. (a) As used in this section, the following terms have the following meanings: (1) “Affordable housing cost,” “affordable rent,” and “lower income households” have the same meanings as in those set forth in Chapter 2 (commencing with Section 50050) of Part 1 of Division 31 of the Health and Safety Code. (2) “California Solar Initiative” means the program providing ratepayer-funded incentives for eligible solar energy systems adopted by the Public Utilities Commission in Decision 05-12-044 and Decision 06-01-024. (3) “Low-income residential housing” means any of the following: (A) A multifamily residential complex financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants, and for which either of the following applies: (i) The rents of the occupants who are lower income households do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance. (ii) The affordable units have been or will be initially sold at an affordable housing cost to a lower income household and those units are subject to a resale restriction or equity sharing agreement pursuant to the terms of the financing or financial assistance. (B) A multifamily residential complex in which at least 20 percent of the total housing units are sold or rented to lower income households and either of the following applies: (i) The rental housing units targeted for lower income households are subject to a deed restriction or affordability covenant with a public entity or nonprofit housing provider organized under Section 501(c)(3) of the Internal Revenue Code that has as its stated purpose in its articles of incorporation on file with the office of the Secretary of State to provide affordable housing to lower income households that ensures that the units will be available at an affordable rent for a period of at least 30 years. (ii) The housing units have been or will be initially sold at an affordable cost to a lower income household and those units are subject to a resale restriction or equity sharing agreement, for which the homeowner does not receive a greater share of equity than described in paragraph (2) of subdivision (c) of Section 65915 of the Government Code, with a public entity or nonprofit housing provider organized under Section 501(c)(3) of the Internal Revenue Code that has as its stated purpose in its articles of incorporation on file with the office of the Secretary of State to provide affordable housing to lower income households. (C) An individual residence sold at an affordable housing cost to a lower income household that is subject to a resale restriction or equity sharing agreement, for which the homeowner does not receive a greater share of equity than described in paragraph (2) of subdivision (c) of Section 65915 of the Government Code, with a public entity or nonprofit housing provider organized under Section 501(c)(3) of the Internal Revenue Code that has as its stated purpose in its articles of incorporation on file with the office of the Secretary of State to provide affordable housing to lower income households. (4) “Solar energy system” means a solar energy device that has the primary purpose of providing for the collection and distribution of solar energy for the generation of electricity, that produces at least one kilowatt, and produces not more than five megawatts, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established by the commission or the Energy Commission. (b) In establishing the California Solar Initiative, no moneys shall be diverted from any existing programs for low-income ratepayers, or from cost-effective energy efficiency or demand response programs. (c) (1) The commission shall ensure that not less than 10 percent of the funds for the California Solar Initiative, as specified in subdivision (e) of, or moneys collected pursuant to subdivision (f) of, Section 2851, are utilized for the installation of solar energy systems on low-income residential housing. Notwithstanding any other law, the commission may modify the monetary incentives made available pursuant to the California Solar Initiative to accommodate the limited financial resources of low-income residential housing. (2) The commission may incorporate a revolving loan or loan guarantee program into the California Solar Initiative for low-income residential housing. All loans outstanding as of January 1, 2022, shall continue to be repaid consistent with the terms and conditions of the program adopted and implemented by the commission pursuant to this subdivision, until repaid in full. (3) All moneys set aside for the purpose of funding the installation of solar energy systems on low-income residential housing that are unexpended and unencumbered on January 1, 2022, and all moneys thereafter repaid pursuant to paragraph (2), except to the extent those moneys are encumbered pursuant to this section, shall be utilized to augment existing cost-effective energy efficiency measures in low-income residential housing that benefit ratepayers. (d) In supervising a program implementing the California Solar Initiative pursuant to this section, the commission shall ensure that the program does all of the following: (1) Is designed to maximize the overall benefit to ratepayers. (2) Requires participants who receive monetary incentives to enroll in the Energy Savings Assistance Program established pursuant to Section 382, if eligible. (3) Provides job training and employment opportunities in the solar energy and energy efficiency sectors of the economy. (Amended by Stats. 2013, Ch. 609, Sec. 3. (AB 217) Effective January 1, 2014.)
  185. 2854.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. )

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    Local publicly owned electric utilities must create and fund a solar initiative program, offer solar incentives, and complete a public funding proceeding by January 1, 2008.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. ) ## 2854. (a) In order to further the state goal of encouraging the installation of 3,000 megawatts of photovoltaic solar energy in California within 10 years, the governing body of a local publicly owned electric utility that sells electricity at retail, shall adopt, implement, and finance a solar initiative program, funded in accordance with subdivision (b), for the purpose of investing in, and encouraging the increased installation of, residential and commercial solar energy systems. (b) On or before January 1, 2008, a local publicly owned electric utility shall offer monetary incentives for the installation of solar energy systems of at least two dollars and eighty cents ($2.80) per installed watt, or for the electricity produced by the solar energy system, measured in kilowatthours, as determined by the governing board of a local publicly owned electric utility, for photovoltaic solar energy systems. The incentive level shall decline each year thereafter at a rate of no less than an average of 7 percent per year. (c) A local publicly owned electric utility shall initiate a public proceeding to fund a solar energy program to adequately support the goal of installing 3,000 megawatts of photovoltaic solar energy in California. The proceeding shall determine what additional funding, if any, is necessary to provide the incentives pursuant to subdivision (b). The public proceeding shall be completed and the comprehensive solar energy program established by January 1, 2008. (d) The solar energy program of a local publicly owned electric utility shall be consistent with all of the following: (1) That a solar energy system receiving monetary incentives comply with the eligibility criteria, design, installation, and electrical output standards or incentives established by the Energy Commission pursuant to Section 25782 of the Public Resources Code. (2) That solar energy systems receiving monetary incentives are intended primarily to offset part or all of the consumer’s own electricity demand. (3) That all components in the solar energy system are new and unused, and have not previously been placed in service in any other location or for any other application. (4) That the solar energy system has a warranty of not less than 10 years to protect against defects and undue degradation of electrical generation output. (5) That the solar energy system be located on the same premises of the end-use consumer where the consumer’s own electricity demand is located. (6) That the solar energy system be connected to the local publicly owned electric utility’s electrical distribution system within the state. (7) That the solar energy system has meters or other devices in place to monitor and measure the system’s performance and the quantity of electricity generated by the system. (8) That the solar energy system be installed in conformance with the manufacturer’s specifications and in compliance with all applicable electrical and building code standards. (e) In establishing the program required by this section, no moneys shall be diverted from any existing programs for low-income ratepayers, or from cost-effective energy efficiency or demand response programs. (f) The statewide expenditures for solar programs adopted, implemented, and financed by local publicly owned electric utilities shall be seven hundred eighty-four million dollars ($784,000,000). The expenditure level for each local publicly owned electric utility shall be based on that utility’s percentage of the total statewide load served by all local publicly owned electric utilities. Expenditures by a local publicly owned electric utility may be less than the utility’s cap amount, provided that funding is adequate to provide the incentives required by subdivisions (a) and (b). (Amended by Stats. 2019, Ch. 396, Sec. 37. (AB 1513) Effective January 1, 2020.)
  186. 2854.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. )

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    A local publicly owned electric utility may run and fund a solar initiative program, but only if the listed location, capacity, incentive, ownership, approval, and program-size limits are met.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. ) ## 2854.5. Notwithstanding paragraphs (2) and (5) of subdivision (d) of Section 2854, a local publicly owned electric utility may adopt, implement, and finance a solar initiative program otherwise in accordance with that section, using monetary incentives authorized by subdivision (b) of Section 2854, to residential and business consumers where consumers offset part or all of their electricity demand with electricity generated by a solar energy system not located on the premises of the consumer, if all of the following requirements are met: (a) The solar energy system meets all of the following conditions: (1) It is located within the service territory of the local publicly owned electric utility. (2) It has a capacity of no more than five megawatts. (3) It is interconnected to the local publicly owned electric utility’s system at the distribution level. (b) The local publicly owned electric utility meets all of the following conditions: (1) It provides monetary incentives authorized by Section 2854 for not more than the first megawatt of generating capacity of each solar energy system. (2) It has contracted to purchase the total electricity produced by the solar energy system or owns the solar energy system. (3) It provides no greater incentive per watt for the solar energy system than provided for by systems that participate in the applicable solar initiative program established under Section 2854. (4) It has received approval for the solar energy system from its governing board at a publicly noticed and held meeting. (c) The total megawatt capacity of solar energy systems eligible for a local publicly owned electric utility program under this section is both of the following: (1) Not more than the total megawatt capacity of the combined residential and commercial solar energy systems installed in the service area of the local publicly owned electric utility after July 1, 2010, that participate in the applicable solar initiative programs established under Section 2854. (2) Not more than 20 percent of the proportionate amount for the local publicly owned electric utility of the overall 3,000 megawatt state goal set forth in Section 2854, based on the percentage of the total statewide load served by that entity. (Added by renumbering Section 387.8 by Stats. 2016, Ch. 86, Sec. 263. (SB 1171) Effective January 1, 2017.)
  187. 2854.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. )

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    The commission must create standardized inputs and assumptions for estimating solar bill savings by July 1, 2019, and the commission and each electrical corporation must post them on their websites.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Solar Energy Systems [2851 - 2854.6] ( Article 1 heading added by Stats. 2007, Ch. 536, Sec. 1. ) ## 2854.6. (a) On or before July 1, 2019, the commission shall develop standardized inputs and assumptions to be used in the calculation and presentation of electric utility bill savings to a consumer that can be expected by using a solar energy system by vendors, installers, or financing entities, and the commission and each electrical corporation shall post these standardized inputs and assumptions on their Internet Web sites. (b) For purposes of this section, “solar energy system” means a solar energy device to be installed on a residential building that has the primary purpose of providing for the collection and distribution of solar energy for the generation of electricity, that produces at least one kW, and not more than five MW, alternating current rated peak electricity, and that meets or exceeds the eligibility criteria established pursuant to Section 25782 of the Public Resources Code. (Added by Stats. 2017, Ch. 662, Sec. 3. (AB 1070) Effective January 1, 2018.)
  188. 28600.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 2. Creation of District [28600 - 28602] ( Chapter 2 added by Stats. 1957, Ch. 1056. )

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    This section creates the San Francisco Bay Area Rapid Transit District and defines its territory.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 2. Creation of District [28600 - 28602] ( Chapter 2 added by Stats. 1957, Ch. 1056. ) ## 28600. There is hereby created the San Francisco Bay Area Rapid Transit District, comprising the territory lying within the boundaries of the Counties of Alameda, Contra Costa, Marin, San Francisco, and San Mateo. (Added by Stats. 1957, Ch. 1056.)
  189. 28601.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 2. Creation of District [28600 - 28602] ( Chapter 2 added by Stats. 1957, Ch. 1056. )

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    County territory may be withdrawn from the district if Chapter 10 withdrawal provisions are followed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 2. Creation of District [28600 - 28602] ( Chapter 2 added by Stats. 1957, Ch. 1056. ) ## 28601. Through compliance with the provisions for withdrawal set forth in Chapter 10 of this part, the territory of any of the Counties of Alameda, Contra Costa, Marin, San Francisco, and San Mateo may be withdrawn from the district. (Added by Stats. 1957, Ch. 1056.)
  190. 28602.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 2. Creation of District [28600 - 28602] ( Chapter 2 added by Stats. 1957, Ch. 1056. )

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    Counties of Napa, Santa Clara, Solano, or Sonoma may be included in the district if the annexation provisions in Chapter 9 are complied with.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 2. Creation of District [28600 - 28602] ( Chapter 2 added by Stats. 1957, Ch. 1056. ) ## 28602. Through compliance with the provisions for annexation set forth in Chapter 9 of this part, the territory of all or any of the Counties of Napa, Santa Clara, Solano, or Sonoma may be included within the district. (Added by Stats. 1957, Ch. 1056.)
  191. 2868.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Independent Solar Energy Producers [2868 - 2869] ( Article 3 added by Stats. 2008, Ch. 535, Sec. 4. )

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    This section defines key terms used in the article on independent solar energy producers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Independent Solar Energy Producers [2868 - 2869] ( Article 3 added by Stats. 2008, Ch. 535, Sec. 4. ) ## 2868. The following definitions shall apply for purposes of this article: (a) “Electric utility” means an electrical corporation as defined in Section 218, a local publicly owned electric utility as defined in Section 9604, or an electrical cooperative as defined in Section 2776. (b) “Independent solar energy producer” means a corporation or person employing one or more solar energy systems for the generation of electricity for any one or more of the following purposes: (1) Its own use or the use of its tenants. (2) The use of, or sale to, not more than two other entities or persons per generation system solely for use on the real property on which the electricity is generated, or on real property immediately adjacent thereto. (c) “Real property” means a single parcel of land. (d) “Solar energy system” means any configuration of solar energy devices that collects and distributes solar energy for the purpose of generating electricity and that has a single interconnection with the electric utility transmission or distribution network. (Added by Stats. 2008, Ch. 535, Sec. 4. Effective January 1, 2009.)
  192. 2869.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Independent Solar Energy Producers [2868 - 2869] ( Article 3 added by Stats. 2008, Ch. 535, Sec. 4. )

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    Independent solar energy producers must give specified disclosures, record and update notice documents, and provide contract copies on request for residential solar contracts.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Solar Energy Systems [2851 - 2869] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1978, Ch. 1100) by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Independent Solar Energy Producers [2868 - 2869] ( Article 3 added by Stats. 2008, Ch. 535, Sec. 4. ) ## 2869. (a) (1) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy system, to an entity or person, for use in a residence shall include a disclosure to the buyer or lessee that, at a minimum, includes all of the following: (A) A good faith estimate of the kilowatthours to be delivered by the solar energy system. (B) A plain language explanation of the terms under which the pricing will be calculated over the life of the contract and a good faith estimate of the price per kilowatthour. (C) A plain language explanation of operation and maintenance responsibilities of the contract parties. (D) A plain language explanation of the contract provisions regulating the disposition or transfer of the contract in the event of a transfer of ownership of the residence, as well as the costs or potential costs associated with the disposition or transfer of the contract. (E) A plain language explanation of the disposition of the solar energy system at the end of the term of the contract. (2) The commission may require, as a condition of receiving ratepayer funded incentives, that an independent solar energy producer provide additional disclosure to the buyer or lessee, the commission, or both. (b) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy system, to an entity or person, for use in a residence shall record a Notice of an Independent Solar Energy Producer Contract, within 30 days of the signing of the contract, against the title to the real property on which the electricity is generated, and against the title to any adjacent real property on which the electricity will be used, in the office of the county recorder for the county in which the real property is located. The notice shall include all of the following and may include additional information: (1) (A) If the solar energy system is located on the real property, a prominent title at the top of the document in 14-point type stating “Notice of an Independent Solar Energy Producer Contract” and the following statement: “This real property is receiving part of its electric service from an independent solar energy producer that has retained ownership of a solar electric generation system that is located on the real property. The independent solar energy producer provides electric service to the current owner of this real property through a long-term contract for electric service. The independent solar energy producer is required to provide a copy of the contract to a prospective buyer of the real property within ten (10) days of the receipt of a written request from the current owner of this real property.” (B) If the solar energy system is located on an adjacent real property, a prominent title at the top of the document in 14-point type stating “Notice of an Independent Solar Energy Producer Contract” and the following statement: “This real property is receiving part of its electric service from an independent solar energy producer that has retained ownership of a solar electric generation system that is located on an adjacent real property. The independent solar energy producer provides electric service to the current owner of this real property through a long-term contract for electric service. The independent solar energy producer is required to provide a copy of the contract to a prospective buyer of this real property within ten (10) days of the receipt of a written request from the current owner of this real property.” (2) The address and assessor’s parcel number of the real property against which the notice is recorded. (3) The name, address, and telephone number of the independent solar energy producer, and any other contact information deemed necessary by the independent solar energy producer. (4) A statement identifying whether the contract is a contract for the sale of electricity or for the lease of a solar energy system, and providing the dates on which the contract commences and terminates. (5) A plain language summary of the potential costs, consequences, and assignment of responsibilities, if any, that could result in the event the contract is terminated. (c) (1) The recorded Notice of an Independent Solar Energy Producer Contract does not constitute a title defect, lien, or encumbrance against the real property, and the independent solar energy producer shall be solely responsible for the accuracy of the information provided in the notice and for recording the document with the county recorder. (2) The independent solar energy producer shall record a subsequent document extinguishing the Notice of an Independent Solar Energy Producer Contract if the contract is voided, terminated, sold, assigned, or transferred. If the independent solar energy producer transfers its obligation under the contract or changes its contact information, it shall record a new notice reflecting these changes within 30 days of their occurrence. (3) Within 30 days of the termination of a contract for the use or sale of electricity or the lease of a solar energy system, the independent solar energy producer shall record a subsequent document extinguishing the Notice of an Independent Solar Energy Producer Contract from the title to the real property on which the electricity is generated, and from the title to any adjacent real property on which the electricity was used, in the office of the county recorder for the county in which the real property is located. (d) An independent solar energy producer contracting for the use or sale of electricity or the lease of a solar energy system shall provide a copy of the existing contract to a prospective buyer of the real property where the electricity is used or generated within ten (10) days of the receipt of a written request from the current owner of the real property. (e) (1) All contracts for the sale of electricity by an independent solar energy producer to an entity or person, for use in a residential dwelling shall be made available to the commission upon its request, and shall be confidential, except as provided for in this subdivision. The disclosures required by subdivision (a) may be made open to public inspection or made public by the commission. (2) A contract provided to the commission pursuant to this subdivision shall not be open to public inspection or made public, except on order of the commission, or by the commission or a commissioner in the course of a hearing or proceeding. (3) This subdivision does not eliminate or modify any rule or provision of law that provides for the confidentiality of information submitted to the commission in the course of its proceedings. (f) A master-meter customer of an electric utility who purchases electricity or leases a solar energy system from an independent solar energy producer, and who provides electric service to users who are tenants of a mobilehome park, apartment building, or similar residential complex, shall do both of the following: (1) Charge each user of the electric service that is under a submetered system a rate for the solar generated electricity not to exceed the rate charged by the independent solar energy producer or the electric utility’s rate for an equivalent amount of electricity, whichever is lower. (2) Comply with the provisions of Section 739.5 or 12821.5, and any rules set forth by an electric utility for master-meter customers. (g) No transfer of real property subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. Any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this article shall be civilly liable in the amount of actual damages suffered by a transferee or transferor of the real property as a consequence of that violation or failure. (Added by Stats. 2008, Ch. 535, Sec. 4. Effective January 1, 2009.)
  193. 2870.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9.5. Multifamily Affordable Housing Solar Roofs Program [2870- 2870.] ( Chapter 9.5 added by Stats. 2015, Ch. 582, Sec. 3. )

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    This section creates the Multifamily Affordable Housing Solar Roofs Program and sets rules for how the commission must fund, administer, and oversee it.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9.5. Multifamily Affordable Housing Solar Roofs Program [2870- 2870.] ( Chapter 9.5 added by Stats. 2015, Ch. 582, Sec. 3. ) ## 2870. (a) As used in this section, the following definitions apply: (1) “CARE program” means the California Alternate Rates for Energy program established pursuant to Section 739.1. (2) “Program” means the Multifamily Affordable Housing Solar Roofs Program established pursuant to this chapter, which is also known as the Solar on Multifamily Affordable Housing Program. (3) “Qualified multifamily affordable housing property” means a multifamily residential property of at least five rental housing units that is, or will be, operated to provide deed-restricted low-income residential housing, as defined in clause (i) of subparagraph (A) of paragraph (3) of subdivision (a) of Section 2852, and that meets one or more of the following requirements: (A) The property is located in a disadvantaged community, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code. (B) At least 66 percent of the households have incomes at or below 80 percent of the area median income, as defined in subdivision (f) of Section 50052.5 of the Health and Safety Code. (C) The property is owned by a tribe. (D) The property is rental housing property that is owned by one of the following: (i) A public housing authority created pursuant to the Housing Authorities Law (Chapter 1 (commencing with Section 34200) of Part 2 of Division 24 of the Health and Safety Code). (ii) A public housing agency, as defined in Section 1437a of Title 42 of the United States Code. (4) “Solar energy system” means a solar energy photovoltaic device that meets or exceeds the eligibility criteria established pursuant to Section 25782 of the Public Resources Code. (5) “Tribe” means a California Native American tribe, as defined in Section 21073 of the Public Resources Code. (b) (1) Adoption and implementation of the program may count toward the satisfaction of the commission’s obligation to ensure that specific alternatives designed for growth among residential customers in disadvantaged communities are offered as part of the standard contract or tariff authorized pursuant to paragraph (1) of subdivision (b) of Section 2827.1. (2) This section does not preclude electrical corporations from offering and administering a distributed energy resource program, including solar energy systems, in disadvantaged communities offered under current or proposed programs using funds provided under subdivision (c) of Section 748.5 or programs proposed to comply with paragraph (1) as approved by the commission. (c) The commission shall annually authorize the allocation of one hundred million dollars ($100,000,000) or 66.67 percent of available funds, whichever is less, from the revenues described in subdivision (c) of Section 748.5 for the program, beginning with the fiscal year commencing July 1, 2016, and ending with the fiscal year ending June 30, 2020. The commission shall continue authorizing the allocation of these funds through June 30, 2026, if the commission determines that revenues are available after 2020 and that there is adequate interest and participation in the program. (d) The commission shall consider the most appropriate program administration structure, including administration by a qualified third-party administrator, selected by the commission through a competitive bidding process, or administration by an electrical corporation, in an existing or future proceeding. (e) Not more than 10 percent of the funds allocated to the program shall be used for administration. (f) (1) By June 30, 2017, the commission shall authorize the award of monetary incentives for qualifying solar energy systems that are installed on qualified multifamily affordable housing properties through December 31, 2032. The target of the program is to install a combined generating capacity of at least 300 megawatts on qualified properties. (2) The commission shall require that the electricity generated by qualifying renewable energy systems installed pursuant to the program be primarily used to offset electricity usage by low-income tenants. These requirements may include required covenants and restrictions in deeds. (3) The commission shall require that qualifying solar energy systems owned by third-party owners are subject to contractual restrictions to ensure that no additional costs for the system be passed on to low-income tenants at the properties receiving incentives pursuant to the program. The commission shall require third-party owners of solar energy systems to provide ongoing operations and maintenance of the system, monitor energy production, and, where necessary, take appropriate action to ensure that the kWh production levels projected for the system are achieved throughout the period of the third-party agreement. Those actions may include, but are not limited to, providing a performance guarantee of annual production levels or taking corrective actions to resolve underproduction problems. (4) The commission shall ensure that incentive levels for photovoltaic installations receiving incentives through the program are aligned with the installation costs for solar energy systems for affordable housing and take account of federal investment tax credits and contributions from other sources to the extent feasible. (5) The commission shall require that no individual installation receive incentives at a rate greater than 100 percent of the total system installation costs. (6) The commission shall establish local hiring requirements for the program to provide economic development benefits to disadvantaged communities. (7) The commission shall establish energy efficiency requirements that are equal to the energy efficiency requirements established for the program described in Section 2852, including participation in a federal, state, or utility-funded energy efficiency program or documentation of a recent energy efficiency retrofit. (8) For purposes of the new construction of qualified multifamily affordable housing property, moneys authorized through the program shall not be used to meet the requirements of Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations. (g) (1) The commission shall ensure that electrical corporation tariff structures affecting the low-income tenants participating in the program continue to provide a direct economic benefit from the qualifying solar energy system. (2) If units are separately metered, low-income tenants who participate in the program shall receive credits on utility bills from the program. The commission shall ensure that utility bill reductions are achieved through tariffs that allow for the allocation of credits, such as virtual net metering tariffs designed for program participants, or other tariffs that may be adopted by the commission pursuant to Section 2827.1. (h) This chapter is not intended to supplant CARE program rates as the primary mechanism for achieving the goals of the CARE program. (i) The commission shall determine the eligibility of qualified multifamily affordable housing property tenants that are customers of community choice aggregators. (j) The commission may consider authorizing an advance payment loan to an eligible project if there is reasonable evidence to suggest that an advance payment loan would lead to the delivery of a project that would not occur absent the advance payment loan, so long as appropriate funding guarantee and loss recovery mechanisms are implemented to limit the risk of liability to the program from making the advance payment loan. The commission, in considering an advance payment loan, may prioritize allocating funding to a project where an advance payment loan will have the greatest impact on project delivery. (k) (1) Every three years, the commission shall evaluate the program’s expenditures, commitments, uncommitted balances, future demands, performance, and outcomes and shall make any necessary adjustments to the program to ensure the goals of the program are being met. If, upon review, the commission finds there is insufficient participation in the program, the commission may credit uncommitted funds back to ratepayers pursuant to Section 748.5. (2) The commission shall include in the annual workplan required pursuant to Section 910, an annual update of the program that shall include, but not be limited to, the number of projects approved, number of projects completed, number of pending projects awaiting approval, and geographic distribution of the projects. (Amended by Stats. 2023, Ch. 393, Sec. 1. (SB 355) Effective January 1, 2024.)
  194. 2871.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Telephone Corporations [2871 - 2899] ( Heading of Chapter 10 renumbered from Chapter 8 (as renumbered from Chapter 9 by Stats. 1979, Ch. 373) by Stats. 1980, Ch. 373, Sec. 4. ) ## ARTICLE 1. Automatic Dialing-Announcing Devices [2871 - 2876] ( Article 1 added by Stats. 1978, Ch. 877. )

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    This section defines “automatic dialing-announcing device.”

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Telephone Corporations [2871 - 2899] ( Heading of Chapter 10 renumbered from Chapter 8 (as renumbered from Chapter 9 by Stats. 1979, Ch. 373) by Stats. 1980, Ch. 373, Sec. 4. ) ## ARTICLE 1. Automatic Dialing-Announcing Devices [2871 - 2876] ( Article 1 added by Stats. 1978, Ch. 877. ) ## 2871. As used in this article, “automatic dialing-announcing device” means any automatic equipment which incorporates a storage capability of telephone numbers to be called or a random or sequential number generator capable of producing numbers to be called and the capability, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called. (Added by renumbering Section 2821 by Stats. 1980, Ch. 373, Sec. 6.)
  195. 2872.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Telephone Corporations [2871 - 2899] ( Heading of Chapter 10 renumbered from Chapter 8 (as renumbered from Chapter 9 by Stats. 1979, Ch. 373) by Stats. 1980, Ch. 373, Sec. 4. ) ## ARTICLE 1. Automatic Dialing-Announcing Devices [2871 - 2876] ( Article 1 added by Stats. 1978, Ch. 877. )

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    This section restricts use of automatic dialing-announcing devices, especially calls placed to California phones between 9 p.m. and 9 a.m., and gives the commission authority over related facts and regulation.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Telephone Corporations [2871 - 2899] ( Heading of Chapter 10 renumbered from Chapter 8 (as renumbered from Chapter 9 by Stats. 1979, Ch. 373) by Stats. 1980, Ch. 373, Sec. 4. ) ## ARTICLE 1. Automatic Dialing-Announcing Devices [2871 - 2876] ( Article 1 added by Stats. 1978, Ch. 877. ) ## 2872. (a) The connection of automatic dialing-announcing devices to a telephone line is subject to this article and to the jurisdiction, control, and regulation of the commission. (b) A person shall not operate an automatic dialing-announcing device except in accordance with this article. The use of such a device by any person, either individually or acting as an officer, agent, or employee of a person or corporation operating automatic dialing-announcing devices, is subject to this article. (c) A person shall not operate an automatic dialing-announcing device in this state to place a call that is received by a telephone in this state during the hours between 9 p.m. and 9 a.m. California time. (d) This article does not prohibit the use of an automatic dialing-announcing device by any person exclusively on behalf of any of the following: (1) A school for purposes of contacting parents or guardians of pupils regarding attendance or the health or safety of pupils. (2) An exempt organization under the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code) for purposes of contacting its members. (3) A privately owned or publicly owned cable television system for purposes of contacting customers or subscribers regarding the previously arranged installation of facilities on the premises of the customer or subscriber. (4) A privately owned or publicly owned public utility for purposes of contacting customers or subscribers regarding the previously arranged installation of facilities on the premises of the customer or subscriber or for purposes of contacting employees for emergency actions or repairs required for public safety or to restore services. (5) A petroleum refinery, chemical processing plant, or nuclear powerplant for purposes of advising residents, public service agencies, and the news media in its vicinity of an actual or potential life-threatening emergency. (e) (1) This article does not prohibit law enforcement agencies, fire protection agencies, public health agencies, public environmental health agencies, city or county emergency services planning agencies, or any private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, from placing calls through automatic dialing-announcing devices, if those devices are used for any of the following purposes: (A) Providing public service information relating to public safety. (B) Providing information concerning police or fire emergencies. (C) Providing warnings of impending or threatened emergencies. (D) Testing all modes of 911 emergency telephone systems, including basic 911 telephone services as described in Section 53107 of the Government Code, enhanced 911 emergency telephone services as described in Section 53119 of the Government Code, Next Generation 911 emergency communication systems as described in Section 53121 of the Government Code, and similar 911 technologies, for data accuracy and emergency alert notification system capabilities. (2) Calls authorized by this subdivision shall not be subject to Section 2874. (f) This article does not apply to any automatic dialing-announcing device that is not used to randomly or sequentially dial telephone numbers, but that is used solely to transmit a message to an established business associate, customer, or other person having an established relationship with the person using the automatic dialing-announcing device to transmit the message, or to any call generated at the request of the recipient. (g) The commission may determine any question of fact arising under this section. (Amended by Stats. 2022, Ch. 36, Sec. 1. (AB 2906) Effective January 1, 2023.)
  196. 2872.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Telephone Corporations [2871 - 2899] ( Heading of Chapter 10 renumbered from Chapter 8 (as renumbered from Chapter 9 by Stats. 1979, Ch. 373) by Stats. 1980, Ch. 373, Sec. 4. ) ## ARTICLE 1. Automatic Dialing-Announcing Devices [2871 - 2876] ( Article 1 added by Stats. 1978, Ch. 877. )

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    The commission must open an investigative proceeding, consulting the Office of Emergency Services, to decide whether standardized notification systems and protocols should be used for automatic dialing-announcing devices in local emergencies.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Telephone Corporations [2871 - 2899] ( Heading of Chapter 10 renumbered from Chapter 8 (as renumbered from Chapter 9 by Stats. 1979, Ch. 373) by Stats. 1980, Ch. 373, Sec. 4. ) ## ARTICLE 1. Automatic Dialing-Announcing Devices [2871 - 2876] ( Article 1 added by Stats. 1978, Ch. 877. ) ## 2872.5. The commission, in consultation with the Office of Emergency Services, shall open an investigative proceeding to determine whether standardized notification systems and protocol should be utilized by entities that are authorized to use automatic dialing-announcing devices pursuant to subdivision (e) of Section 2872, to facilitate notification of affected members of the public of local emergencies. The commission shall not establish standards for notification systems or standard notification protocol unless it determines that the benefits of the standards exceed the costs. (Amended by Stats. 2016, Ch. 842, Sec. 47. (SB 1222) Effective January 1, 2017.)
  197. 2873.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Telephone Corporations [2871 - 2899] ( Heading of Chapter 10 renumbered from Chapter 8 (as renumbered from Chapter 9 by Stats. 1979, Ch. 373) by Stats. 1980, Ch. 373, Sec. 4. ) ## ARTICLE 1. Automatic Dialing-Announcing Devices [2871 - 2876] ( Article 1 added by Stats. 1978, Ch. 877. )

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    Automatic dialing-announcing devices may be used to place calls over telephone lines only if there is a prior agreement and the called person has consented, or if Section 2874 applies.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Telephone Corporations [2871 - 2899] ( Heading of Chapter 10 renumbered from Chapter 8 (as renumbered from Chapter 9 by Stats. 1979, Ch. 373) by Stats. 1980, Ch. 373, Sec. 4. ) ## ARTICLE 1. Automatic Dialing-Announcing Devices [2871 - 2876] ( Article 1 added by Stats. 1978, Ch. 877. ) ## 2873. Automatic dialing-announcing devices may be used to place calls over telephone lines only pursuant to a prior agreement between the persons involved, whereby the person called has agreed that he or she consents to receive such calls from the person calling, or as specified in Section 2874. (Added by renumbering Section 2823 by Stats. 1980, Ch. 373, Sec. 8.)
  198. 2874.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Telephone Corporations [2871 - 2899] ( Heading of Chapter 10 renumbered from Chapter 8 (as renumbered from Chapter 9 by Stats. 1979, Ch. 373) by Stats. 1980, Ch. 373, Sec. 4. ) ## ARTICLE 1. Automatic Dialing-Announcing Devices [2871 - 2876] ( Article 1 added by Stats. 1978, Ch. 877. )

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    Automatic dialing-announcing calls may be used only after a live, unrecorded natural voice announcement, and the caller must disconnect the device when the call ends.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 2. SPECIFIC PUBLIC UTILITIES [2701 - 2899] ( Part 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Telephone Corporations [2871 - 2899] ( Heading of Chapter 10 renumbered from Chapter 8 (as renumbered from Chapter 9 by Stats. 1979, Ch. 373) by Stats. 1980, Ch. 373, Sec. 4. ) ## ARTICLE 1. Automatic Dialing-Announcing Devices [2871 - 2876] ( Article 1 added by Stats. 1978, Ch. 877. ) ## 2874. (a) Whenever telephone calls are placed through the use of an automatic dialing-announcing device, the device may be operated only after an unrecorded, natural voice announcement has been made to the person called by the person calling. The announcement shall do all of the following: (1) State the nature of the call and the name, address, and telephone number of the business or organization being represented, if any. (2) Inquire as to whether the person called consents to hear the prerecorded message of the person calling. (3) Inform the person called if the prerecorded message uses an artificial voice. (b) The person calling, as described in subdivision (a), shall disconnect the automatic dialing-announcing device from the telephone line upon the termination of the call by either the person calling or the person called. (c) For purposes of this section, both of the following definitions apply: (1) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (2) “Artificial voice” means a voice that is generated or significantly altered using artificial intelligence. (Amended by Stats. 2024, Ch. 316, Sec. 1. (AB 2905) Effective January 1, 2025.)
  199. 28745.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 3. Government of District [28745 - 28845] ( Chapter 3 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2.2. District Board of Directors [28745 - 28748.8] ( Article 2.2 added by Stats. 1973, Ch. 521. )

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    The district’s governing body must be a nine-member board of directors elected by election districts, and the board must establish nine election districts by resolution.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 3. Government of District [28745 - 28845] ( Chapter 3 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2.2. District Board of Directors [28745 - 28748.8] ( Article 2.2 added by Stats. 1973, Ch. 521. ) ## 28745. On and after November 29, 1974, the governing body of the district shall be a board of directors consisting of nine members elected by election districts, except as provided in Section 28752.6. The nine election districts shall be established within the district as provided in this article by resolution adopted by the board. (Added by Stats. 1973, Ch. 521.)
  200. 28745.4.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 3. Government of District [28745 - 28845] ( Chapter 3 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2.2. District Board of Directors [28745 - 28748.8] ( Article 2.2 added by Stats. 1973, Ch. 521. )

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    The board must set and define the nine election district boundaries, number them 1 through 9, and make the districts as nearly equal in population as practicable.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500 - 29757] ( Part 2 added by Stats. 1957, Ch. 1056. ) ## CHAPTER 3. Government of District [28745 - 28845] ( Chapter 3 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2.2. District Board of Directors [28745 - 28748.8] ( Article 2.2 added by Stats. 1973, Ch. 521. ) ## 28745.4. The board, in dividing the district into election districts, shall establish and define the boundaries of the nine election districts within the territory of the district, and shall number the election districts from 1 to 9, inclusive. The boundaries of the election districts shall be defined so that the districts shall be as nearly equal in population as practicable, considering the factors specified in Section 28745.6. (Amended by Stats. 1974, Ch. 184.)

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