Public Utilities Code — Part 20 | PUC — United States — California law | Esheria

Public Utilities Code

Part 20 of 38 · provisions 3,801–4,000

This act is named the Public Utilities Code.

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

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Provisions of Public Utilities Code

Showing 200 of 7,473

  1. 28745.6.

    ## 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 TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036.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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    When election districts are being established, the listed factors must be considered, and district boundaries do not have to match county, city, ward, or legislative district lines.

    ## 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 TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036.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. ) ## 28745.6. In establishing the election districts, consideration shall be given to the following factors: (a) Community of interest of the population within an election district. (b) Cohesiveness, contiguity, integrity, and compactness of territory. (c) Topography. (d) Geography. Boundaries of the election districts need not conform to the boundaries of counties, cities, cities and counties, or districts, or of wards or election districts established for the nomination or election of any officers thereof, or of Assembly, Senate, or congressional districts. (Added by Stats. 1973, Ch. 521.)
  2. 28745.8.

    ## 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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    Election districts must be established using population data from the most recent listed sources.

    ## 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. ) ## 28745.8. The establishment of election districts shall be made on the basis of the population in the district as shown or estimated from the most recent of any of the following: the last federal decennial census; any census of a county, taken as provided in Section 26203 of the Government Code, or census of a city, taken as provided in Chapter 17 (commencing with Section 40200), Part 2, Division 3, Title 4 of the Government Code; any census or population estimate of a city or of a city and county, taken or made as provided in Section 2107.1 or 2107.2 of the Streets and Highways Code; or population estimates contained in any official document prepared by the Department of Finance and issued to the public. (Added by Stats. 1973, Ch. 521.)
  3. 28746.

    ## 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 secretary must file certified copies of the election-district map or maps with the Secretary of State and each county elections official after the resolution is adopted.

    ## 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. ) ## 28746. The resolution establishing the election districts shall describe the boundaries of the election districts by reference to a map or maps on file with the district secretary. Immediately upon adoption of the resolution, the secretary shall file a certified copy of the map or maps describing all nine election districts with the Secretary of State and with the county elections official of each county with territory within the boundaries of the district. (Amended by Stats. 2002, Ch. 221, Sec. 99. Effective January 1, 2003.)
  4. 28746.2.

    ## 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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    Cities, counties, and cities and counties in the district must provide information, services, and facilities needed to apportion the district into nine election districts.

    ## 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. ) ## 28746.2. All cities, counties, and cities and counties within the district shall provide such information, services, and facilities as may be required in apportioning the district into the nine election districts. (Amended by Stats. 1974, Ch. 184.)
  5. 28746.4.

    ## 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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    Until the first elected board is chosen and qualified, the board members in office on January 1, 1974 stay in office, receive the compensation and expenses set by this part, and act as the district’s governing body.

    ## 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. ) ## 28746.4. Until the election and qualification of the first elected board, the members of the board in office on January 1, 1974, shall remain in office, shall receive the compensation and expenses prescribed in this part for the office, and shall be the governing body of the district. The term of office of the nonelected board shall end at noon on November 29, 1974. (Added by Stats. 1973, Ch. 521.)
  6. 28746.6.

    ## 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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    A general district election for directors whose terms expire that year must be held on the first Tuesday after the first Monday in November of each even-numbered year, and it should be consolidated with the general election on that date where possible.

    ## 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. ) ## 28746.6. A general district election for the election of directors whose terms are to expire in that year shall be held and conducted on the first Tuesday after the first Monday in November of each even-numbered year and shall be consolidated, where possible, with the general election held on that date. (Amended by Stats. 1986, Ch. 248, Sec. 212.)
  7. 28746.8.

    ## 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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    Candidates for the board must be nominated, except where this article provides otherwise.

    ## 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. ) ## 28746.8. Except as otherwise provided in this article, candidates for the board shall be nominated, the election held and conducted, and the ballots canvassed in accordance with the provisions of the Uniform District Election Law. (Added by Stats. 1973, Ch. 521.)
  8. 28747.

    ## 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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    Board candidates must file a declaration of candidacy with the county elections official and must be residents and voters of the district and relevant election 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 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. ) ## 28747. Each candidate for the board shall file a declaration of candidacy in the form and manner prescribed in the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) with the county elections official of the county in which the candidate resides. Candidates for the board shall be residents and voters of the district and of the geographical area making up the election district from which they are to be elected. (Amended by Stats. 2002, Ch. 221, Sec. 100. Effective January 1, 2003.)
  9. 28747.2.

    ## 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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    A candidate from an election district must be nominated and elected by voters in that same 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 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. ) ## 28747.2. A candidate for election from any of the election districts shall be nominated and elected by the voters residing within the election district from which he is elected. (Added by Stats. 1973, Ch. 521.)
  10. 28747.4.

    ## 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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    County elections officials must conduct and canvass district elections in their county, then report returns to the board; the board declares the results, and the district secretary issues election certificates to elected candidates.

    ## 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. ) ## 28747.4. The county elections official of each county within the boundaries of the district shall conduct the election and canvass the returns for those election districts or portions of election districts which are within the county of his or her jurisdiction as county elections official. After the official canvass has been taken, the county elections official shall report the returns, by election district number, to the board. The board shall declare the results of the election. The secretary of the district shall issue certificates of election, signed by him or her and duly authenticated, to each candidate declared elected, immediately following determination of the results of the election by the board. (Amended by Stats. 2002, Ch. 221, Sec. 101. Effective January 1, 2003.)
  11. 28747.6.

    ## 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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    Board members must be residents and voters of the district and of the area for the election district from which they are elected.

    ## 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. ) ## 28747.6. Members of the board shall be residents and voters of the district and of the geographical area making up the election district from which they are elected. The office shall be deemed to be vacant if a member ceases to meet these requirements. (Added by Stats. 1973, Ch. 521.)
  12. 28747.8.

    ## 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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    In each election district, the board candidate with the most votes must be declared elected.

    ## 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. ) ## 28747.8. The candidate from each election district receiving the highest number of votes cast for the board in that election district shall be declared elected. (Added by Stats. 1973, Ch. 521.)
  13. 28748.

    ## 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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    If a tie vote prevents choosing a winner, the existing board must resolve the tie by lot and declare the result.

    ## 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. ) ## 28748. If a tie vote makes it impossible to determine which of two or more candidates has been elected, the existing board shall resolve the tie by lot and declare the results thereof as provided in Section 10551 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 194. Effective January 1, 1995.)
  14. 28748.2.

    ## 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 first elected board members must take office at noon on November 29, 1974, and the board must decide by lot when certain directors’ terms end.

    ## 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. ) ## 28748.2. Each member of the first elected board shall take office at noon on November 29, 1974. The term of office of the elected directors shall be four years, except that the term of office of the first elected board shall be either two years or four years. At the first regular meeting of the first elected board, the board shall determine, by lot, whether the directors elected from the even- or odd-numbered election districts shall have terms of office expiring at noon on the last Friday in November 1976 or November 1978, as the case may be. (Added by Stats. 1973, Ch. 521.)
  15. 28748.4.

    ## 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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    Board vacancies must be filled for the remainder of the unexpired term, first according to the prior appointment method before November 29, 1974, and afterward by the remaining board members; appointees must meet Section 28747.6 requirements.

    ## 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. ) ## 28748.4. Until November 29, 1974, any vacancy on the board shall be filled for the remainder of the unexpired term in the same manner as the vacating member was appointed. Thereafter, any vacancy on the board shall be filled by appointment for the remainder of the unexpired term by the remaining members of the board. Any person so appointed shall meet the requirements set forth in Section 28747.6. (Added by Stats. 1973, Ch. 521.)
  16. 28748.8.

    ## 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 may set director monthly pay and stipend rules, including attendance conditions, CPI-based adjustments, and expense reimbursement.

    ## 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. ) ## 28748.8. (a) The board may by ordinance or resolution provide that each director shall be paid a sum that shall not exceed one thousand dollars ($1,000) for each calendar month that he or she serves as a director. The board may, by ordinance or resolution, provide for an adjustment to the monthly compensation based upon the percentage increase in the California Consumer Price Index, as calculated by the Department of Finance, for each calendar year following the operative date of the last adjustment. The adjustment shall not become effective until the next regular election of the directors following the adoption of the ordinance or resolution. (b) The ordinance or resolution to authorize a monthly stipend pursuant to subdivision (a), in lieu of per-meeting compensation, shall include a requirement that a member can receive a monthly stipend for a given month only if he or she attends all scheduled and noticed regular board meetings for that month. For those members meeting this attendance requirement, the amount of one hundred dollars ($100) shall be deducted from the stipend for failure to attend each meeting of a committee on which he or she serves that month. In any month that a member fails to meet these attendance requirements, that member may be compensated at the rate of one hundred dollars ($100) per board or committee meeting attended, not to exceed five hundred dollars ($500) for that month. (c) For the purpose of this section, a member who misses a scheduled and noticed meeting of the board or a committee while attending to official district business pursuant to authorization shall be construed as having attended the meeting. (d) The ordinance or resolution may provide for not more than two excused absences during a calendar year without disqualifying the member for a monthly stipend. (e) In addition to the compensation otherwise provided for in this section, each director may be allowed necessary traveling and personal expenses incurred solely as a result of the performance of his or her duties, in amounts as may be authorized by the board. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2007, Ch. 213, Sec. 4. Effective January 1, 2008.)
  17. 2875.

    ## 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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    A person may not connect an automatic dialing-announcing device to a telephone line without first filing a written application with the relevant telephone corporation.

    ## 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. ) ## 2875. No person shall connect any automatic dialing-announcing device to any telephone line without first making written application to the telephone corporation within whose service area telephone calls through the use of such device are proposed to be placed. In such application, the person shall provide information as to the type of automatic dialing-announcing device proposed to be connected, the time of day such telephone calls are proposed to be placed using such device, the anticipated number of calls proposed to be placed during the specified calling period, the average length of a completed call, and such additional information as the corporation or the commission may require. Upon receiving such an application for service, the corporation shall review the furnished information and, if it appears that calling patterns would create a traffic overload condition or the service would be detrimental to the services of other customers of the corporation, it may deny the application or modify the application and grant the application as so modified. (Added by renumbering Section 2825 by Stats. 1980, Ch. 373, Sec. 10.)
  18. 2875.5.

    ## 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. )

    Verify source ↗

    Operators of certain automatic dialing equipment must not place a call connection when no live agent or telemarketer is available for the called person. The commission may also set an error rate and require recordkeeping and submission of records.

    ## 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. ) ## 2875.5. (a) On and after July 1, 2002, no person operating any automatic equipment that incorporates a storage capability of telephone numbers to be called or a random or sequential number generator capable of producing numbers to be called may make a telephone connection for which no person, acting as an agent or telemarketer, is available for the person called. (b) Notwithstanding subdivision (a), the commission shall establish an acceptable error rate for telephone connections made in violation of subdivision (a). The commission shall determine the error rate, if any, before July 1, 2002. (c) The commission may require any person operating equipment as described in subdivision (a) to maintain records of telephone connections made for which no person, acting as an agent or telemarketer, is available for the person called. The commission may require copies of those records to be submitted to the commission. (Added by Stats. 2001, Ch. 696, Sec. 1. Effective January 1, 2002.)
  19. 28750.

    ## 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 2.4. Redistricting of Election Districts [28750 - 28750.8] ( Article 2.4 added by Stats. 1973, Ch. 521. )

    Verify source ↗

    The board must, after each federal decennial census, redraw election district boundaries by resolution using the census as a basis.

    ## 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 2.4. Redistricting of Election Districts [28750 - 28750.8] ( Article 2.4 added by Stats. 1973, Ch. 521. ) ## 28750. Following each federal decennial census and using the census as a basis, the board shall, by resolution, adjust the boundaries of the election districts so that the districts shall be as nearly equal in population as practicable, considering the factors specified in Section 28745.6. (Amended by Stats. 1978, Ch. 419.)
  20. 28750.2.

    ## 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 2.4. Redistricting of Election Districts [28750 - 28750.8] ( Article 2.4 added by Stats. 1973, Ch. 521. )

    Verify source ↗

    The board must adjust election district boundaries by the deadline tied to each federal decennial census.

    ## 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 2.4. Redistricting of Election Districts [28750 - 28750.8] ( Article 2.4 added by Stats. 1973, Ch. 521. ) ## 28750.2. The boundaries of the election districts shall be adjusted by the board before November 1 of the year next succeeding the year in which each federal decennial census is taken. Notwithstanding Section 28745, if the board fails to adjust election district boundaries pursuant to this article before the December 31 of the year next succeeding the year in which each federal decennial census is taken, each director to be elected at that election shall have the qualifications required in Section 28747.6, but shall be elected at large. Directors shall continue to be so elected until the board adjusts the election district boundaries. (Amended by Stats. 1981, Ch. 272, Sec. 1. Effective August 25, 1981.)
  21. 28750.4.

    ## 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 2.4. Redistricting of Election Districts [28750 - 28750.8] ( Article 2.4 added by Stats. 1973, Ch. 521. )

    Verify source ↗

    A resolution reestablishing election districts must describe the new boundaries by reference to maps on file, and the secretary must file certified copies of the resolution and maps with state and county elections officials right away after adoption.

    ## 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 2.4. Redistricting of Election Districts [28750 - 28750.8] ( Article 2.4 added by Stats. 1973, Ch. 521. ) ## 28750.4. The resolution reestablishing the election districts shall describe the new boundaries of the election districts by reference to a map or maps on file with the secretary of the district. Immediately upon adoption of the resolution, the secretary shall file a certified copy of the resolution and the map or maps describing all election districts with the Secretary of State and with the county elections official of each county with territory within the boundaries of the district. (Amended by Stats. 2002, Ch. 221, Sec. 102. Effective January 1, 2003.)
  22. 28750.6.

    ## 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 2.4. Redistricting of Election Districts [28750 - 28750.8] ( Article 2.4 added by Stats. 1973, Ch. 521. )

    Verify source ↗

    When the district annexes territory between federal decennial censuses, the board must adjust election-district boundaries by resolution within 90 days after the annexation proceedings finish.

    ## 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 2.4. Redistricting of Election Districts [28750 - 28750.8] ( Article 2.4 added by Stats. 1973, Ch. 521. ) ## 28750.6. If, at any time between each federal decennial census, the district annexes territory, pursuant to Chapter 9 (commencing with Section 29500), the board, within 90 days after completion of the annexation proceedings, shall, by resolution, adjust the boundaries of the election districts so that the district shall be as nearly equal in population as practicable, considering the factors specified in Section 28745.6. (Amended by Stats. 1978, Ch. 419.)
  23. 28750.8.

    ## 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 2.4. Redistricting of Election Districts [28750 - 28750.8] ( Article 2.4 added by Stats. 1973, Ch. 521. )

    Verify source ↗

    This section limits how election-district boundary changes affect directors’ terms and timing of redistricting.

    ## 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 2.4. Redistricting of Election Districts [28750 - 28750.8] ( Article 2.4 added by Stats. 1973, Ch. 521. ) ## 28750.8. (a) The term of office of any director who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the election district from which he was elected. (b) At the first election for directors following adjustment of the boundaries of the election districts, a director shall be elected for each election district under the readjusted election district plan that has the same number as an election district whose incumbent’s term is due to expire. (c) Notwithstanding any other provision of this article, a change in the boundaries of an election district shall not be made within 90 days prior to the final date of voter registration for an election of directors. (Added by Stats. 1973, Ch. 521.)
  24. 28752.

    ## 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 2.6. Board Selection Election [28752 - 28752.8] ( Article 2.6 added by Stats. 1973, Ch. 521. )

    Verify source ↗

    A county board of supervisors in the district may pass a resolution by January 31, 1974, saying the district board should be appointed instead of elected.

    ## 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 2.6. Board Selection Election [28752 - 28752.8] ( Article 2.6 added by Stats. 1973, Ch. 521. ) ## 28752. Not later than January 31, 1974, the board of supervisors of any county included within the district may adopt a resolution declaring that, in its judgment, the members of the board of directors should be appointed as provided in Article 2 (commencing with Section 28730), rather than elected as provided in Article 2.2 (commencing with Section 28745). (Added by Stats. 1973, Ch. 521.)
  25. 28752.2.

    ## 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 2.6. Board Selection Election [28752 - 28752.8] ( Article 2.6 added by Stats. 1973, Ch. 521. )

    Verify source ↗

    If certain county boards adopt resolutions, the district board must call a special election, publish notice of it, and make the ballot include the stated proposition.

    ## 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 2.6. Board Selection Election [28752 - 28752.8] ( Article 2.6 added by Stats. 1973, Ch. 521. ) ## 28752.2. (a) If the boards of supervisors of two or more counties included within the district adopt resolutions pursuant to Section 28752, the board of directors shall call a special election which shall be consolidated with the direct primary election to be held on June 4, 1974. (b) The board of directors shall provide for the publication of notice of the election pursuant to Section 6066 of the Government Code. The first publication of notice shall be made between May 1 and May 15, 1974. (c) The ballot for the election shall contain substantially the instructions required to be printed on ballots for use at general elections and the following proposition substantially as follows: Shall the members of the Board of Directors of the San Francisco Bay Area Rapid Transit District be elected? YES NO (Added by Stats. 1973, Ch. 521.)
  26. 28752.4.

    ## 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 2.6. Board Selection Election [28752 - 28752.8] ( Article 2.6 added by Stats. 1973, Ch. 521. )

    Verify source ↗

    If a majority of district votes favor the proposition, the county’s board members are elected and serve under Article 2.2.

    ## 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 2.6. Board Selection Election [28752 - 28752.8] ( Article 2.6 added by Stats. 1973, Ch. 521. ) ## 28752.4. If a majority of the votes cast in the district on the proposition are in favor of the proposition, the members of the board of directors from that county shall be elected and shall serve as provided in Article 2.2 (commencing with Section 28745). (Added by Stats. 1973, Ch. 521.)
  27. 28752.6.

    ## 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 2.6. Board Selection Election [28752 - 28752.8] ( Article 2.6 added by Stats. 1973, Ch. 521. )

    Verify source ↗

    If the district proposition fails to get a majority of votes, the board members must be appointed and serve under Article 2 starting at Section 28730.

    ## 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 2.6. Board Selection Election [28752 - 28752.8] ( Article 2.6 added by Stats. 1973, Ch. 521. ) ## 28752.6. If a majority of the votes cast in the district on the proposition are not in favor of the proposition, the members of the board of directors shall be appointed and shall serve as provided in Article 2 (commencing with Section 28730). (Added by Stats. 1973, Ch. 521.)
  28. 28752.8.

    ## 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 2.6. Board Selection Election [28752 - 28752.8] ( Article 2.6 added by Stats. 1973, Ch. 521. )

    Verify source ↗

    The election results must be entered into the board of directors’ minutes.

    ## 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 2.6. Board Selection Election [28752 - 28752.8] ( Article 2.6 added by Stats. 1973, Ch. 521. ) ## 28752.8. The results of the election shall be entered into the minutes of the board of directors. (Added by Stats. 1973, Ch. 521.)
  29. 2876.

    ## 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. )

    Verify source ↗

    A person who violates this article commits a civil offense and may be fined up to $500 per violation or have telephone service to the device disconnected for a commission-specified period.

    ## 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. ) ## 2876. Any person violating this article is guilty of a civil offense and is subject to either or both of the following penalties: (a) A fine of not to exceed five hundred dollars ($500) for each violation, levied and enforced by the commission, on complaint or on its own motion, pursuant to Chapter 11 (commencing with Section 2100) of Part 1. (b) Disconnection of telephone service to the automatic dialing-announcin g device for a period of time which shall be specified by the commission. (Added by Stats. 1987, Ch. 732, Sec. 2.)
  30. 28760.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    Each director must take the oath of office before starting duties, and a copy of the oath must be filed with the district secretary and the Secretary of State.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28760. Each director, before entering upon the duties of his office, shall take the oath of office as provided for in the Constitution and laws of this State. A copy of the oath shall be filed with the secretary of the district and the Secretary of State. (Added by Stats. 1957, Ch. 1056.)
  31. 28761.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board must choose a president, a vice president, and a non-board secretary, and it must set meeting times and places with meetings held at least monthly.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28761. The board shall choose one of its members president, and another vice president, who shall be authorized to act for the president during his absence or disability. The board shall choose a secretary, who shall not be a member of the board, and shall provide for the time and place of holding its meetings which shall be held at least once each month. The president shall be paid a salary of five thousand dollars ($5,000) per year. The vice president shall be paid a salary of three thousand dollars ($3,000) per year. Such salaries shall be in addition to any payments authorized under Section 28748.8. (Amended by Stats. 1975, Ch. 601.)
  32. 28762.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board of directors is the district’s legislative body and must decide district policy questions, as long as it acts consistently with 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 3. Government of District [28745 - 28845] ( Chapter 3 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28762. The board of directors is the legislative body of the district and, consistent with the provisions of this part, shall determine all questions of district policy. (Added by Stats. 1957, Ch. 1056.)
  33. 28763.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district may do anything necessary to carry out the purposes of 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 3. Government of District [28745 - 28845] ( Chapter 3 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28763. The district may do any and all things necessary to carry out the purposes of this part. (Added by Stats. 1957, Ch. 1056.)
  34. 28764.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board must decide which transit facilities should be acquired or constructed, and may create zones within the district for that purpose.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28764. The board shall determine what transit facilities should be acquired or constructed, and may establish zones within the district to undertake the acquisition or construction of any transit facilities. (Added by Stats. 1957, Ch. 1056.)
  35. 28765.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board may decide which transit facilities should be acquired or constructed.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28765. The board may determine what transit facilities should be acquired or constructed: (a) For the common benefit of the district as a whole; or (b) For the benefit of two or more zones; or (c) For the benefit of a single zone. (Added by Stats. 1957, Ch. 1056.)
  36. 28766.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board must supervise and regulate district transit facilities, including setting rates, rentals, charges, and classifications, and making and enforcing related rules, contracts, practices, and schedules.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28766. The board shall supervise and regulate every transit facility owned and operated by the district, including the fixing of rates, rentals, charges, and classifications, and the making and enforcement of rules, regulations, contracts, practices, and schedules, for or in connection with any transit facility owned or controlled by the district. (Added by Stats. 1957, Ch. 1056.)
  37. 28767.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board may adopt a personnel system, must set positions and pay by resolution, may abolish positions, and the general manager must make appointments unless otherwise provided.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28767. The board may adopt a personnel system for the purpose of recruiting and maintaining an effective working force with good morale. The board shall by resolution determine and create such number and character of positions as are necessary properly to carry on the functions of the district and shall establish an appropriate salary, salary range, or wage for each position so created. The board may by resolution abolish any such position. Except as otherwise provided, appointments to such positions shall be made by the general manager. (Added by Stats. 1957, Ch. 1056.)
  38. 28767.3.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board must adopt an affirmative action program by October 12, 1974, and the program must be approved by the Office of Federal Contract Compliance of the Department of Labor.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28767.3. Not later than October 12, 1974, the board shall adopt an affirmative action program approved by the Office of Federal Contract Compliance of the Department of Labor. (Amended by Stats. 2001, Ch. 745, Sec. 199. Effective October 12, 2001.)
  39. 28767.5.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district may maintain a police department, but its sworn appointed employees are peace officers only within limits, and the district must follow peace-officer recruitment and training standards.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28767.5. The district is authorized to maintain a police department. The employees of the district that are appointed as members of such department by the general manager and duly sworn are peace officers; provided, that such officers shall not exercise their powers or authority except as provided in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. The district shall adhere to the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training pursuant to Title 4 (commencing with Section 13500) of Part 4 of the Penal Code. (Amended by Stats. 1976, Ch. 420.)
  40. 28767.8.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board may create and manage an independent police auditor office, and the appointed auditor must investigate complaints, make findings, and recommend discipline.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28767.8. (a) The board may establish an office of independent police auditor, reporting directly to the board, to investigate complaints against district police personnel. (b) The appointed independent police auditor shall have the following powers and duties: (1) To investigate those complaints or allegations of on-duty misconduct and off-duty unlawful activity by district police personnel, within the independent police auditor’s purview as it is set by the board. (2) To reach independent findings as to the validity of each complaint. (3) To recommend appropriate disciplinary action against district police personnel for those complaints determined to be sustained. (c) The board shall organize, reorganize, and manage the office of the independent police auditor. Notwithstanding the authority granted the general manager in this part, the board may, by resolution, authorize a citizen review board to participate in recommending appropriate disciplinary action. (d) The independent police auditor shall prepare, in accordance with the rules of the office, reports of his or her activities as permitted by law. (Added by Stats. 2010, Ch. 78, Sec. 2. (AB 1586) Effective January 1, 2011.)
  41. 28768.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board of directors may hire or contract for professional services when, in its opinion, district officers or employees cannot satisfactorily do the work.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28768. The board of directors may contract for or employ any professional services required by the district or for the performance of work or services for the district which, in the board of director’s opinion, cannot satisfactorily be performed by the officers or employees of the district. (Added by Stats. 1957, Ch. 1056.)
  42. 28769.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board must arrange an annual audit of the district’s books and accounts by an independent certified public accountant or public accountant.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28769. The board shall have an annual audit made of all books and accounts of the district by an independent certified public accountant or public accountant. (Added by Stats. 1957, Ch. 1056.)
  43. 28769.5.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board must run an automated management information system and use it to submit a monthly report on the district’s expenditures compared with budgeted expenditures to the Metropolitan Transportation Commission and the Office of the Legislative Analyst.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28769.5. The board shall operate an automated management information system to enable it to submit a report monthly to the Metropolitan Transportation Commission and the office of the Legislative Analyst on the district’s expenditures as compared to the projected expenditures in its budget, and the board shall submit such report to the commission and that office. (Added by Stats. 1976, Ch. 1204.)
  44. 28770.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board of directors must, soon after each fiscal year ends, send a financial report to specified local officials and provide copies to the public on request.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28770. As soon as practicable after the close of each fiscal year the board of directors shall submit to the chief administrative officer and legislative bodies of cities and counties within the district a financial report showing the result of operations during the preceding fiscal year and the financial status of the district on the final day thereof. Copies of the report shall be supplied to the general public upon request in the quantity deemed appropriate by the board. (Added by Stats. 1957, Ch. 1056.)
  45. 28771.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board may approve payment of certain district demands by resolution without prior specific board approval if the expenditure was already approved, the amount stays within that authorization, and the general manager approves the demand.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28771. The board may provide by resolution, under such terms and conditions as it sees fit, for the payment of demands against the district without prior specific approval thereof by the board if the demand is for a purpose for which an expenditure has been previously approved by the board and in an amount no greater than the amount so authorized, and if the demand is approved by the general manager. (Added by Stats. 1957, Ch. 1056.)
  46. 28772.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board may create and administer district funds as needed.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28772. To facilitate the business of the district, the board may provide for the creation and administration of such funds as the needs of the district may require. The funds shall be disbursed in accordance with rules established by the board and all payments from any fund shall be reported to the board. (Added by Stats. 1957, Ch. 1056.)
  47. 28773.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board of directors may hold public hearings, subpoena witnesses, and delegate that authority.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28773. The board of directors may hold public hearings, subpoena witnesses, and perform all other acts necessary to properly carry out its duties. The board may delegate such authority to other officers of the district who shall report thereon to the board. In the case of public hearings, including those pursuant to Sections 29039 to 29046, inclusive, authority may be so delegated to a referee, who need not be an officer of the district. (Amended by Stats. 1965, Ch. 311.)
  48. 28774.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    Each director may administer oaths and affirmations in any district investigation or proceeding.

    ## 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 3. Powers and Duties of Directors [28760 - 28774] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28774. Each director may administer oaths and affirmations in any district investigation or proceeding. (Added by Stats. 1957, Ch. 1056.)
  49. 28790.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    Board of directors meetings, regular or special, must be open to the public.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 28790. All meetings of the board of directors, whether regular or special, shall be open to the public. (Added by Stats. 1957, Ch. 1056.)
  50. 28791.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    A majority of the board of directors is needed to make a quorum for conducting the board’s business.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 28791. A majority of the board of directors shall constitute a quorum for the transaction of its business. (Added by Stats. 1957, Ch. 1056.)
  51. 28792.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board of directors must adopt rules to govern its proceedings.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 28792. The board of directors shall adopt rules to govern its proceedings. (Added by Stats. 1957, Ch. 1056.)
  52. 28793.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board must act by motion, resolution, or ordinance, and ordinances have timing, voting, and effective-date rules.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 28793. The acts of the board shall be expressed by motion, resolution, or ordinance. No ordinance shall be passed by the board on the day of its introduction, nor within three days thereafter, nor at any time other than a special, regular, or adjourned regular meeting. No ordinance, resolution, or motion shall have any validity or effect unless passed by the affirmative votes of a majority of the directors. No ordinance shall take effect until the expiration of 30 days following its adoption, except the following which shall take effect upon adoption: an ordinance relating to an election, or to the issuance or sale of bonds, or to the levying or collection of taxes, or the fixing of fares; or an ordinance necessary for the immediate preservation or protection of the property, interests, or welfare of the district, which shall contain a specific statement showing its urgency, and which shall be passed by two-thirds of the total vote of the directors. All ordinances except those which take effect upon their adoption shall be subject to referendum in the manner provided by law for the legislative acts of boards of supervisors of counties. (Amended by Stats. 1975, Ch. 601.)
  53. 28794.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    All ordinances must be published after they are passed.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 28794. All ordinances shall be published after passage. (Added by Stats. 1957, Ch. 1056.)
  54. 28795.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    All ordinances must use the stated enacting clause.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 28795. The enacting clause of all ordinances shall be as follows: “Be it enacted by the Board of Directors of the San Francisco Bay Area Rapid Transit District:” (Added by Stats. 1957, Ch. 1056.)
  55. 28796.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    Ordinances must be signed by the board president or vice president and attested by the secretary.

    ## 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 4. Meetings and Legislation [28790 - 28796] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 28796. All ordinances shall be signed by the president or the vice president of the board, and attested by the secretary. (Added by Stats. 1957, Ch. 1056.)
  56. 2881.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

    Verify source ↗

    The commission must run several telecommunications assistance programs for people who are deaf, hard of hearing, or have other disabilities, and it may fund them through a surcharge with billing and transfer 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2881. (a) The commission shall design and implement a program to provide a telecommunications device capable of serving the needs of individuals who are deaf or hard of hearing, together with a single party line, at no charge additional to the basic exchange rate, to a subscriber who is certified as an individual who is deaf or hard of hearing by a licensed physician and surgeon, audiologist, or a qualified state or federal agency, as determined by the commission, and to a subscriber that is an organization representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h). A licensed hearing aid dispenser may certify the need of an individual to participate in the program if that individual has been previously fitted with an amplified device by the dispenser and the dispenser has the individual’s hearing records on file before certification. In addition, a physician assistant or nurse practitioner may certify the needs of an individual who has been diagnosed by a physician and surgeon as being deaf or hard of hearing to participate in the program after reviewing the medical records or copies of the medical records containing that diagnosis. (b) The commission shall also design and implement a program to provide a dual-party relay system, using third-party intervention to connect individuals who are deaf or hard of hearing and offices of organizations representing individuals who are deaf or hard of hearing, as determined and specified by the commission pursuant to subdivision (h), with persons of normal hearing by way of intercommunications devices for individuals who are deaf or hard of hearing and the telephone system, making available reasonable access of all phases of public telephone service to telephone subscribers who are deaf or hard of hearing. In order to make a dual-party relay system that will meet the requirements of individuals who are deaf or hard of hearing available at a reasonable cost, the commission shall initiate an investigation, conduct public hearings to determine the most cost-effective method of providing dual-party relay service to the deaf or hard of hearing when using a telecommunications device, and solicit the advice, counsel, and physical assistance of statewide nonprofit consumer organizations of the deaf, during the development and implementation of the system. The commission shall apply for certification of this program under rules adopted by the Federal Communications Commission pursuant to Section 401 of the federal Americans with Disabilities Act of 1990 (Public Law 101-336). (c) The commission shall also design and implement a program whereby specialized or supplemental telephone communications equipment may be provided to subscribers who are certified to be disabled at no charge additional to the basic exchange rate. The certification, including a statement of visual or medical need for specialized telecommunications equipment, shall be provided by a licensed optometrist, physician and surgeon, physician assistant, or nurse practitioner, acting within the scope of practice of the applicable license, or by a qualified state or federal agency as determined by the commission. The commission shall, in this connection, study the feasibility of, and implement, if determined to be feasible, personal income criteria, in addition to the certification of disability, for determining a subscriber’s eligibility under this subdivision. (d) (1) The commission shall also design and implement a program to provide access to a speech-generating device to any subscriber who is certified as having a speech disability at no charge additional to the basic exchange rate. The certification shall be provided by a licensed physician, licensed speech-language pathologist, nurse practitioner, or qualified state or federal agency. The commission shall provide to a certified subscriber access to a speech-generating device that is all of the following: (A) A telecommunications device or a device that includes a telecommunications component. (B) Appropriate to meet the subscriber’s needs for access to, and use of, the telephone network, based on the recommendation of a licensed speech-language pathologist. (C) Consistent with the quality of speech-generating devices available for purchase in the state. (2) The commission shall adopt rules to implement this subdivision and subdivision (e) by January 1, 2014. (e) All of the following apply to any device or equipment described in this section that is classified as durable medical equipment under guidelines established by the United States Department of Health and Human Services: (1) It is the intent of the Legislature that the commission be the provider of last resort and that eligible subscribers first obtain coverage from any available public or private insurance. (2) The commission may require the subscriber to provide information about coverage for any or all of the cost of the device or equipment that is available from a public or private insurance, the cost to the subscriber of a deductible, copayment, or other relevant expense, and any related benefit cap information. (3) The total cost of a device or equipment provided to a subscriber under this section shall not exceed the rate of reimbursement provided by Medi-Cal for that device or equipment. (f) This section does not require the commission to provide training to a subscriber on the use of a speech-generating device. (g) (1) The commission shall administer a surcharge to collect revenues, subject to an annual appropriation of moneys by the Legislature, to allow providers of the equipment and service specified in subdivisions (a) to (d), inclusive, to recover costs as they are incurred under this section. The surcharge shall be in effect until December 31, 2034. The commission shall require that the programs implemented under this section be identified on subscribers’ bills, and shall transfer moneys collected by the commission from the surcharge to the Controller for deposit into the Deaf and Disabled Telecommunications Program Administrative Committee Fund. (2) The commission may collect a sum not to exceed one hundred million dollars ($100,000,000) per year by imposing the surcharge pursuant to paragraph (1). (h) The commission shall determine and specify those statewide organizations representing the deaf or hard of hearing that shall receive a telecommunications device pursuant to subdivision (a), or a dual-party relay system pursuant to subdivision (b), or both, and in which offices the equipment shall be installed in the case of an organization having more than one office. (i) The commission may direct a telephone corporation subject to its jurisdiction to comply with its determinations and specifications pursuant to this section. (j) The commission may make recommendations to the Legislature regarding appropriations from the Deaf and Disabled Telecommunications Program Administrative Committee Fund. (k) In order to continue to meet the access needs of individuals with functional limitations of hearing, vision, movement, manipulation, speech, and interpretation of information, the commission shall perform an ongoing assessment of, and if appropriate, expand the scope of, the program to allow for additional access capability consistent with evolving telecommunications technology. (l) The commission shall structure the programs required by this section so that a 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. (Amended by Stats. 2025, Ch. 19, Sec. 1. (SB 142) Effective June 27, 2025.)
  57. 2881.1.

    ## 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

    Verify source ↗

    The commission must set up a program providing eligible deaf or severely hard-of-hearing access devices and a single party line at no extra charge, allow cost recovery for providers, and may require telephone corporations under its jurisdiction to comply.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2881.1. (a) In addition to the requirements of Section 2881, the commission shall design and implement a program to provide a telecommunications device capable of servicing the needs of the deaf or severely hard of hearing, together with a single party line, at no charge additional to the basic exchange rate, to any subscriber that is an agency of state government and that the commission determines serves a significant portion of the deaf or severely hard-of-hearing population, and to an office located in the State Capitol and selected by the Joint Rules Committee, for purposes of access by the deaf or severely hard of hearing to Members of the Legislature. (b) The commission shall permit providers of equipment and service specified in subdivision (a) to recover costs as they are incurred under this section pursuant to subdivision (g) of Section 2881. (c) The commission may direct any telephone corporation subject to its jurisdiction to comply with its determinations pursuant to this section. (Amended by Stats. 2016, Ch. 94, Sec. 22. (AB 1709) Effective January 1, 2017.)
  58. 2881.2.

    ## 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

    Verify source ↗

    The commission must run and fund a program to provide publicly available telecommunications devices for deaf or hard-of-hearing users in certain existing buildings and public accommodations.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2881.2. (a) In addition to the requirements of Section 2881, the commission shall design and implement a program that shall provide for publicly available telecommunications devices capable of servicing the needs of the deaf or hard of hearing in existing buildings, structures, facilities, and public accommodations of the type specified in Section 4450 of the Government Code and Sections 19955.5 and 19956 of the Health and Safety Code, making available reasonable access of all phases of public telephone service to individuals who are deaf or hard of hearing. The commission shall direct the appropriate committee under its control to determine and specify locations within existing buildings, structures, facilities, and public accommodations in need of a telecommunications device and to contract for the procurement, installation, and maintenance of these devices. In the letting of the contract, the commission shall direct the committee to ensure consideration of for-profit and nonprofit corporations, including nonprofit corporations with demonstrated service to individuals who are deaf or hard of hearing and whose boards of directors and staff are made up of a majority of those individuals. The commission shall also direct the committee to seek the cooperation of the owners, managers, and tenants of the existing buildings, structures, facilities, and public accommodations that have been determined to be in need of a telecommunications device with regard to its installation and maintenance. The commission shall phase in this program over a reasonable period of time, beginning no later than January 1, 1998, giving priority to those existing buildings, structures, facilities, and public accommodations determined by the commission, with the advice and counsel of statewide nonprofit consumer organizations for the deaf, to be of most importance and usefulness to the deaf or hard of hearing. (b) The commission shall ensure that costs are recovered as they are incurred under this section, including any costs incurred by the owners, managers, or tenants of existing buildings, structures, facilities, and public accommodations, and shall use for this purpose the rate recovery mechanism established pursuant to subdivision (g) of Section 2881. The commission shall also establish a fund and require separate accounting for the program implemented under this section and, in addition, shall require that the surcharge used to fund the program not exceed two-hundredths of 1 percent, that it be combined with the surcharge required by subdivision (g) of Section 2881, and that it count toward the limits set by that subdivision. This surcharge shall be in effect until January 1, 2006. (c) “Existing buildings, structures, facilities, and public accommodations,” for purposes of this section, means those buildings, structures, facilities, and public accommodations or parts thereof that were constructed or altered before January 26, 1993, or are otherwise not required by Section 303 of the federal Americans with Disabilities Act of 1990 (P.L. 101-336; 42 U.S.C. Sec. 12183) or any other section of that act and its implementing regulations and guidelines, to have a publicly available telecommunications device capable of serving the needs of the deaf or hard of hearing. (Amended by Stats. 2016, Ch. 94, Sec. 23. (AB 1709) Effective January 1, 2017.)
  59. 2881.4.

    ## 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

    Verify source ↗

    The commission may contract for telecommunications services and equipment for deaf, disabled, and hard-of-hearing persons, and selected contractors must meet experience and consultation 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2881.4. (a) The Legislature finds and declares all of the following: (1) Section 278 requires the commission to transfer to the Controller for deposit in the Deaf and Disabled Telecommunications Program Administrative Committee Fund all revenues collected by telephone corporations to fund programs to provide specified telecommunications services and equipment to deaf, disabled, and hard-of-hearing persons, as specified in Sections 2881, 2881.1, and 2881.2. (2) The commission issued a report to the Legislature in May 2001, addressing compliance issues pertaining to the programs specified in Sections 2881, 2881.1, and 2881.2, including a recommendation to secure legislative authorization for the commission to contract with outside entities for the provision of services and equipment mandated by Sections 2881, 2881.1, and 2881.2. (3) The telecommunications services and equipment provided to deaf, disabled, and hard-of-hearing individuals and their families, as specified in Sections 2881, 2881.1, and 2881.2, are of such a highly specialized and technical nature that the necessary expert knowledge, ability, and experience are not available within the current state civil service system. (4) It is the intent of the Legislature, in enacting this section, to do all of the following: (A) Maintain the availability of the state’s current statewide infrastructure of telecommunications services and equipment to deaf, disabled, and hard-of-hearing persons, as provided for in Sections 2881, 2881.1, and 2881.2, as essential to maintaining public health and safety. (B) Authorize the commission to enter into contracts for the provision of telecommunications services and equipment for deaf, disabled, and hard-of-hearing persons in a manner that protects and enhances the current statewide infrastructure and coordinated delivery of those services and equipment and includes a priority for maintaining long-term continuity of program administration and maximum involvement of the deaf and disabled community in program governance. (C) Strengthen program priorities for expanded outreach through continuing consultation with, and participation by, the deaf, disabled, and hard-of-hearing community in order to ensure the state’s network of services reach hard-to-serve populations, including rural, inner-city, and urban areas. (D) Develop a mechanism to achieve cost-effective and timely deployment of new and emerging telecommunications technologies, to the extent fiscally and economically feasible. (b) In order for the commission to ensure continued provision of telecommunications services and equipment for deaf, disabled, and hard-of-hearing persons, the commission, subject to annual appropriation of funds by the Legislature and consistent with state contracting requirements, may contract with entities, including nonprofit entities, or persons that have the necessary expert knowledge, ability, and experience to provide, manage, or operate the programs described in Sections 2881, 2881.1, and 2881.2. (c) The commission may enter into contracts pursuant to subdivision (b) of Section 19130 of the Government Code for the services and equipment contemplated by the programs described in Sections 2881, 2881.1, and 2881.2. (d) The commission may include provisions that accomplish any of the following in contracts authorized by this section: (1) Establish standards and procedures, including prior commission approval, for subcontracting. (2) Establish standards and procedures regarding personnel and accounting practices. (3) Require budget approval. (4) Require periodic audits. (5) Monitor performance and establish performance standards and the method of evaluating performance, including remedies for unsatisfactory performance. (6) Establish standards and procedures to investigate and resolve complaints. (7) Provide for any other terms or restrictions as the commission finds necessary to ensure that the public funds are used in accordance with the goals of the Legislature and the commission. (e) Notwithstanding any other law, a contract entered into pursuant to this section may provide for periodic advance payments for telecommunications services to be performed or telecommunications equipment to be provided. An advance payment made pursuant to this section shall not exceed 25 percent of the total annual contract amount. (f) Any contractor the commission selects shall demonstrate knowledge of and the capacity to provide specialized telecommunications services and equipment to deaf, disabled, and hard-of-hearing persons, and shall be required to consult with the Telecommunications Access for Deaf and Disabled Administrative Committee regarding the specialized needs of individuals using program services and equipment, as specified in Sections 2881, 2881.1, and 2881.2. (g) The commission shall, to the extent feasible and consistent with state civil service requirements, employ staff overseeing the programs described in Sections 2881, 2881.1, and 2881.2 who are members of the deaf, disabled, and hard-of-hearing community. (Amended by Stats. 2017, Ch. 561, Sec. 219. (AB 1516) Effective January 1, 2018.)
  60. 28810.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    This section lists the district’s officers and sets qualifications for the general counsel.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 28810. (a) The officers of the district shall consist of the following: (1) The members of the board of directors. (2) A president and a vice president of the board, each of whom shall be a member of the board. (3) A secretary. (4) A general manager. (5) A general counsel. (6) Any other or subordinate officers, assistants, and deputies as the board may deem necessary and provide for by ordinance or resolution. (b) The general counsel shall be a person admitted to practice law in the Supreme Court of California and shall have been actively engaged in the practice of law for not less than 10 years next preceding appointment pursuant to Section 28811. (Amended by Stats. 2024, Ch. 106, Sec. 1. (AB 2325) Effective January 1, 2025.)
  61. 28811.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board appoints the secretary, general manager, and general counsel, and may remove them by majority vote. The general manager appoints the chief financial officer and may assign other financial personnel to CFO duties.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 28811. (a) The secretary, general manager, and general counsel shall be appointed by and may be removed by the affirmative votes of a majority of the members of the board of directors. All other officers and employees shall be appointed by the general manager and shall serve at the pleasure of the general manager, subject to the provisions of this part relating to personnel. (b) The general manager shall appoint a chief financial officer and may designate other financial personnel to undertake any of the duties or responsibilities assigned to the chief financial officer under this part. (Amended by Stats. 2024, Ch. 106, Sec. 2. (AB 2325) Effective January 1, 2025.)
  62. 28812.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The directors must set the compensation of district officers and employees by ordinance or resolution, unless another provision in this part says otherwise.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 28812. The compensation of all district officers and employees, except as otherwise provided in this part, shall be fixed by ordinance or resolution of the directors. (Added by Stats. 1957, Ch. 1056.)
  63. 28813.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board may combine any district offices into one person.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 28813. The board may consolidate any of the district offices in one person. (Added by Stats. 1957, Ch. 1056.)
  64. 28814.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    Officers appointed by the board of directors or the general manager must take, subscribe, and file their oath of office with the district secretary within 15 days after their term starts, after they have notice of appointment.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 28814. The oath of office of all officers appointed by the board of directors or by the general manager of the district shall be taken, subscribed, and filed with the secretary of the district at any time after the officer has notice of his appointment but not later than fifteen (15) days after the commencement of his term of office. No other filing is required. (Added by Stats. 1957, Ch. 1056.)
  65. 28815.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    Each officer must give a bond in the amount the board requires.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 28815. Each officer shall give such bond and in such amount as the board may require. (Added by Stats. 1957, Ch. 1056.)
  66. 28816.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    Government Code Article 4 applies to all officers and contracts 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 3. Government of District [28745 - 28845] ( Chapter 3 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 28816. Article 4 (commencing at Section 1090), Chapter 1, Division 4, Title 1, of the Government Code shall apply to all officers and contracts of the district. (Amended by Stats. 1959, Ch. 94.)
  67. 28817.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The chief financial officer must safeguard the district’s funds, pay money only on properly signed warrants from the general manager, and keep an account of all receipts and disbursements.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 28817. The chief financial officer shall be the custodian of the funds of the district and shall make payments only upon warrants duly and regularly signed by the general manager. The chief financial officer shall keep an account of all receipts and disbursements. (Amended by Stats. 2024, Ch. 106, Sec. 3. (AB 2325) Effective January 1, 2025.)
  68. 28818.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The chief financial officer may place district securities with certain financial institutions, with consent, and those institutions must meet a capital minimum and follow the chief financial officer’s instructions.

    ## 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 5. Officers [28810 - 28818] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 28818. (a) With the consent of the general manager, who shall seek consent from the board when deemed necessary, the chief financial officer may: (1) Authorize any state or national bank in this state, a federally chartered or state chartered savings and loan association, or a trust company authorized to act as such in this state, to receive as the agent of the chief financial officer deposits of any securities acquired by the district. (2) Place and maintain for safekeeping with any state or national bank in this state, a federally chartered or state chartered savings and loan association, or a trust company authorized to act as such in this state, any securities owned by the district. (3) Make deposits of securities for safekeeping pursuant to the provisions of Section 53608 of the Government Code. (b) The financial institution selected pursuant to subdivision (a) shall have a total paid-in capital of at least one million dollars ($1,000,000). The chief financial officer shall take from the financial institution a receipt for the securities, and neither the chief financial officer nor the district is responsible for the custody and safe return of the securities until they are withdrawn from the financial institution by the chief financial officer. Any financial institution to which securities are delivered, either as agent or depositary for the chief financial officer, shall make such disposition of the securities as the chief financial officer directs and is responsible only for strict compliance with written instructions given to it by the chief financial officer. All such securities are at all times subject to the order of the chief financial officer. (Amended by Stats. 2024, Ch. 106, Sec. 4. (AB 2325) Effective January 1, 2025.)
  69. 2883.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

    Verify source ↗

    Local telephone corporations generally must keep 911 access available for residential basic exchange service and, after disconnection for nonpayment, for at least 120 days, subject to stated limits and notice 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2883. (a) (1) The Legislature finds and declares all of the following: (A) As originally enacted, Section 2883 required local telephone corporations to provide a residential telephone connection with no customer account attached, also known as a warm line, access to “911” emergency service. This section took effect in 1995 when basic local exchange telephone service was provided exclusively by incumbent wireline providers operating within their franchise territories. Local exchange competition was nonexistent and wireless telephones were expensive and not in widespread use. (B) At that time, the number of warm lines was very small. The practice of leaving warm lines in place continued the availability of “911” emergency service upon disconnection and permitted new residential service orders to be completed with minimum cost and delay. (C) In recent years, the providers of warm line service have lost a significant percentage of their customer base to competitors. Today, the number of warm lines in California has increased in proportion to the loss of wireline customers. An estimated 2,000,000 warm lines exist today and that number continues to grow. (D) Rather than being converted to new active service accounts, many warm lines remain in place indefinitely, even when customers switch to other voice carriers that provide “911” emergency service access. As warm lines age, deterioration can create shorts in these lines that trigger “911” calls, also known as phantom “911” calls because there is no person making the call. (E) Responding to phantom “911” calls places a drain on public safety resources including increased costs for public safety responders. In addition, the state pays providers on a monthly basis, based on volume, to maintain number and location records in the state “911” database, including the records for increasing numbers of warm lines. (F) The cost to local telephone companies to energize and maintain warm lines is the same as for active service accounts. Energy provided to warm lines at residences where access to “911” emergency service is being obtained through a different provider is a waste of limited natural resources. (2) It is the intent of the Legislature to amend Section 2883 in a manner that continues to provide a public safety net in a competitive telecommunications market, eliminates phantom “911” calls, conserves energy for productive uses, and limits costs to the state, local governments, and local telephone corporations. (b) All local telephone corporations, excluding providers of mobile telephony service and mobile satellite telephone service, as defined in Section 224.4, to the extent permitted by existing technology or facilities, shall provide every subscriber of tariffed residential basic exchange service with access to “911” emergency service. (c) A local telephone corporation shall provide access to services described in subdivision (b) for at least 120 days after disconnection of residential basic exchange service for nonpayment of any delinquent account or indebtedness owed by the subscriber to the telephone corporation. A subscriber and a telephone corporation may arrange payment schedules to regain full service. (d) If a local telephone corporation chooses to terminate access to the services described in subdivision (b) after 120 days as authorized in subdivision (c), the local telephone corporation shall inform residential subscribers as part of the notice of suspension or disconnection of service for nonpayment of all of the following information: (1) The availability of the “911” emergency service described in subdivision (b) for 120 days after disconnection of residential basic exchange service. (2) Options that may be available to avoid suspension or disconnection of service. (3) Other options that may be available for obtaining access to “911” emergency service consistent with a customer education program, if adopted by the commission. (e) This section shall not be construed to relieve any person of an obligation to pay a debt owed to a telephone corporation. (f) This section shall not require a local telephone corporation to provide “911” access pursuant to this section if doing so would preclude providing service to subscribers of residential telephone service. (g) A local telephone corporation may disconnect any line in existence on January 1, 2011, providing access to “911” emergency services with no customer account attached for that line, if notice of not less than 90 days prior to disconnection is provided to the last known address of record associated with that line that is being disconnected. The notice shall provide information about all of the following: (1) “911” emergency service is provided to customers who purchase voice telephone service. (2) Access to “911” emergency services may have been provided to the address, to the extent permitted by existing technology or facilities, but will be discontinued as provided in this section. (3) A contact number for further information, including information about low cost options, including the Universal Lifeline Telephone Service (ULTS) program. (4) Contact information for the commission. (h) A local telephone corporation shall not be required to terminate access to any line providing access to “911” emergency services with no customer account attached for that line. (Amended by Stats. 2010, Ch. 332, Sec. 1. (SB 1375) Effective January 1, 2011.)
  70. 28830.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board must appoint a general manager and set the manager’s salary. The general manager is responsible for district facilities and business administration, subject to the board’s direction and control.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. ) ## 28830. The board shall appoint and fix the salary of a general manager, who shall have charge, subject to the direction and control of the board, of the acquisition, construction, maintenance, and operation of the facilities of the district and also of the administration of the business affairs of the district. (Amended by Stats. 1974, Ch. 71.)
  71. 28831.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The general manager must be selected based on qualifications, especially actual experience or knowledge of accepted practices relevant to the office.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. ) ## 28831. All other things being equal, the general manager shall be chosen on the basis of his qualifications with special reference to his actual experience in or his knowledge of accepted practices in respect to the duties of his office as hereinafter set forth. (Added by Stats. 1957, Ch. 1056.)
  72. 28832.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The general manager does not have to be a resident of this State when appointed.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. ) ## 28832. The general manager need not be a resident of this State at the time of his appointment. (Added by Stats. 1957, Ch. 1056.)
  73. 28833.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board can remove or suspend the general manager only under specified vote-and-hearing conditions, and it cannot cut the general manager’s salary below the original amount unless it follows the same process.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. ) ## 28833. The general manager shall hold office for an indefinite term and may be removed by the board only upon the adoption of a resolution by the affirmative vote of not less than a majority of the board. Before the general manager may be removed, he shall, if he demands it, be given a written statement of the reasons alleged for his removal and he shall have the right to be publicly heard thereon at a meeting of the board prior to the final vote on the resolution providing for his removal, but pending and during such hearing the board may suspend him from office. The board may not reduce the salary of the general manager below the amount fixed at the time of his original appointment except upon the adoption of a resolution by a like vote and after a like opportunity to be heard. The action of the board in suspending or removing the general manager or reducing his salary, if approved by a majority of the membership of the board, is final. (Added by Stats. 1957, Ch. 1056.)
  74. 28834.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The general manager has specified powers and duties over district operations, personnel, reporting, and accounting, subject to the board’s direction and control.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. ) ## 28834. The powers and duties of the general manager are: (a) To have charge, subject to the direction and control of the board, of the acquisition, construction, maintenance, and operation of the facilities of the district. (b) To have charge, subject to the direction and control of the board, of the administration of the business affairs of the district. (c) To see that all ordinances of the district are enforced. (d) To administer the personnel system adopted by the board and except for officers appointed by the board to appoint, discipline or remove all officers and employees subject to the rules and regulations adopted by the board and the applicable provisions of this part. (e) To prepare and submit to the board as soon as practical after the end of each fiscal year a complete report of the finances and administrative activities of the district for the preceding year. (f) To keep the board advised as to the needs of the district. (g) To prepare or cause to be prepared all plans and specifications for the construction of the works of the district. (h) To devote his entire time to the business of the district. (i) To perform such other and additional duties as the board may require. (j) To cause to be installed and maintained a system of auditing and accounting which shall completely and at all times show the financial condition of the district. (Amended by Stats. 1974, Ch. 71.)
  75. 28835.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The general manager must attend board meetings when directed by the board.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. ) ## 28835. The general manager shall attend meetings of the board as directed by the board. (Amended by Stats. 1974, Ch. 71.)
  76. 28836.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The directors may appoint a temporary general manager when the general manager is absent or disabled.

    ## 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 6. General Manager [28830 - 28836] ( Article 6 added by Stats. 1957, Ch. 1056. ) ## 28836. The directors may appoint a general manager pro tempore during any absence or disability of the general manager. (Added by Stats. 1957, Ch. 1056.)
  77. 2884.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

    Verify source ↗

    The commission must set up procedures for telephone-corporation billing practices and require residential subscribers to be offered a deletion-of-access option for certain information-access telephone services, with no charge to subscribers.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2884. (a) The commission shall, pursuant to its existing authority, by rule or order, establish procedures governing telephone corporation billing practices and operations to require every telephone corporation, on and after July 1, 1986, or on and after another date or dates which the commission finds and determines to be appropriate and feasible with respect to the capability of particular telephone equipment, to offer residential subscribers the option of deleting access to a class of information-access telephone service, commonly referred to as “900 or 976 service,” whereby recorded commercial, informational, or public service messages, interactive computer programs, and other services, are provided for a charge, in addition to the basic local exchange charge, to the person calling, and to notify new residential subscribers of the options available to delete information-access services through telephone service. The commission shall specify a method or methods for telephone corporations to institute this deletion of access option for residential subscribers, taking into consideration the operational requirements of the various types of telephone equipment in use throughout the state. The commission shall impose no charge on residential telephone subscribers for this deletion of access option, and shall require telephone corporations to refund to subscribers any amounts paid prior to the effective date of the amendments to this section enacted in 1988 for deletion of access. The commission shall determine and implement a method by which telephone corporations shall be recompensed for the expenses of providing this deletion of access option. (b) The commission shall require every telephone corporation which furnishes information-access telephone service to make available a separate, easily distinguishable telephone prefix number for information providers which provide messages which constitute harmful matter and for those who provide other than messages which constitute harmful matter, and to request every information provider to designate which prefix corresponds to the type of messages it proposes to provide. Any information provider which provides any live or recorded message constituting harmful matter through any information-access telephone number other than one within the prefix assigned to information providers furnishing messages constituting harmful matter is in violation of Section 2111. The commission shall require the telephone corporation to offer residential subscribers the option of deleting access to the telephone prefix number by which messages constituting harmful matter are accessed, pursuant to subdivision (a), and shall determine and implement a method by which a telephone corporation shall be recompensed for the expenses of providing this deletion of access option to residential subscribers. (c) As used in this section, “harmful matter” means harmful matter as defined in subdivision (a) of Section 313 of the Penal Code. (d) If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (Amended by Stats. 1991, Ch. 297, Sec. 1. Effective August 1, 1991.)
  78. 2884.2.

    ## 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

    Verify source ↗

    This section limits commission control over certain telephone-corporation billing and collection practices for harmful information services, but requires notice and equal terms if services are offered.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2884.2. (a) Except as specified in subdivision (b), the billing and collection practices of a telephone corporation for services rendered to or for an information service that contains harmful matter, as defined in subdivision (a) of Section 313 of the Penal Code, are not subject to the jurisdiction and control of the commission, notwithstanding Section 2884, but are a matter for contractual arrangement between the telephone corporation and the information provider. (b) Nothing in subdivision (a) affects the commission’s jurisdiction over billing and collection for any other information service. (c) The commission may, on complaint or on its own motion, after a hearing, find and determine that circumstances including, but not limited to, anticompetitive results, require the exercise of jurisdiction and control by it over those matters removed from its jurisdiction and control by subdivision (a), and may then exercise that jurisdiction and control. (d) Subdivision (a) applies only to that class of information-access telephone service furnished within or between service areas, as defined in Section 230.3, through the use of either a “976” prefix or a “900” access code telephone number, and applies only to billing and collection services in that class of service. (e) The commission may investigate and consider, for purposes of establishing telephone rates, revenues and expenses related to any billing or collection services rendered by a telephone corporation to or for an information provider. (f) A telephone corporation shall, before refusing to provide billing and collection services for any information service, give the information provider of that service and the commission not less than 30 days’ advance notice. (g) If a telephone corporation elects to enter into a contractual arrangement to provide billing and collection services to an information provider, the telephone corporation shall provide those services to the information provider under the same terms, conditions, and rates that the service is offered to all other information providers contracting for the services. The telephone corporation shall provide copies of the contracts to the commission and, on request, to any other interested party. (h) Notwithstanding Section 17024 of the Business and Professions Code, billing and collection services described in subdivision (a) are services subject to Part 2 (commencing with Section 16600) of Division 7 of that code. A person or firm claiming a violation of Section 17045 of that code, with respect to those services, may proceed in accordance with Article 4 (commencing with Section 17070) of Chapter 4 of Part 2 of Division 7 of that code, or pursue any other remedy available under law. (Amended by Stats. 1995, Ch. 170, Sec. 1. Effective July 24, 1995.)
  79. 2884.5.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

    Verify source ↗

    The commission must require that access to certain harmful-matter information services be provided only on a subscription basis.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2884.5. Notwithstanding Section 2884, the commission shall require that telephone subscriber access to information services providing messages which constitute harmful matter, as defined in Section 313 of the Penal Code, be furnished by an information provider or its agent on a subscription basis only. (Added by Stats. 1988, Ch. 567, Sec. 1. Effective August 26, 1988.)
  80. 2884.6.

    ## 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

    Verify source ↗

    The commission must require telephone corporations and information-access telephone service providers to handle subscriber complaints and include waivers for certain 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2884.6. (a) The commission shall require telephone corporations and providers of information-access telephone services to institute a method of handling subscriber complaints concerning these services, which shall include provision for a waiver of all of the charges for these services for a first occasion of their inadvertent or mistaken use. (b) Every telephone corporation and provider of information-access telephone services providing messages that constitute harmful matter, as defined in Section 313 of the Penal Code, shall provide for a one-time waiver of all subscriber charges associated with a collect call when the call contains harmful matter and the person making or accepting the call is a minor. (Amended by Stats. 1995, Ch. 170, Sec. 2. Effective July 24, 1995.)
  81. 28840.

    ## 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 7. The Office of the BART Inspector General [28840 - 28845] ( Article 7 added by Stats. 2017, Ch. 650, Sec. 2. )

    Verify source ↗

    The board must nominate three people to the Governor, and the Governor must appoint one of them as the BART Inspector General. The board may renew the term, and removal is allowed only under stated conditions and with Governor approval.

    ## 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 7. The Office of the BART Inspector General [28840 - 28845] ( Article 7 added by Stats. 2017, Ch. 650, Sec. 2. ) ## 28840. (a) There is hereby created in the district an independent Office of the BART Inspector General to ensure that the district makes effective use of bridge toll revenue and other revenue and operates efficiently, effectively, and in compliance with applicable federal and state laws. (b) (1) The board shall nominate three persons to the Governor who shall appoint one of the three persons nominated by the board to serve as the BART Inspector General for an initial four-year term. The board shall have the option to renew the term at will. The BART Inspector General shall be removed from office by the board, subject to approval of the Governor, only if either of the following occur: (A) A two-thirds majority of the members of the board votes for removal. (B) The Inspector General violates a federal or state law or regulation, a local ordinance, or a policy or practice of the authority relative to ethical practices, including, but not limited to, the acceptance of gifts or contributions. (2) The reasons for removal of the Inspector General shall be stated in writing and shall include the basis for removal. The document stating the reasons for dismissal shall be deemed a public document and posted on the district’s Internet Web site. (c) Within one year of the operative date of this article, the board shall nominate three persons to serve as the first BART Inspector General to be appointed pursuant to subdivision (b). (Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Conditionally operative pursuant to Section 28845.)
  82. 28841.

    ## 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 7. The Office of the BART Inspector General [28840 - 28845] ( Article 7 added by Stats. 2017, Ch. 650, Sec. 2. )

    Verify source ↗

    The BART Inspector General must carry out oversight, audits, investigations, and related recommendations to improve district operations and efficiency.

    ## 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 7. The Office of the BART Inspector General [28840 - 28845] ( Article 7 added by Stats. 2017, Ch. 650, Sec. 2. ) ## 28841. The duties and responsibilities of the BART Inspector General shall include, but are not limited to, all of the following: (a) To examine the operating practices of the district to identify fraud, waste, and opportunities for efficiencies in the administration of programs and operations. (b) To ensure the BART administration, the board of directors, and the public are fully informed of his or her findings and recommendations. (c) To identify opportunities to improve the data used to determine project resource allocations. (d) To conduct, supervise, and coordinate audits and investigations relating to the district’s programs and operations, including, but not limited to, toll-funded programs. (e) To identify best practices in the delivery of capital projects and recommend policies to enable the district to adopt these practices when practicable. (f) To recommend policies promoting efficiency in the administration of programs and operations. (g) To review and recommend best practices that the district should follow to maintain positive and productive relations with its employees and the collective bargaining units representing those employees. (Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Conditionally operative pursuant to Section 28845.)
  83. 28842.

    ## 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 7. The Office of the BART Inspector General [28840 - 28845] ( Article 7 added by Stats. 2017, Ch. 650, Sec. 2. )

    Verify source ↗

    The Office of the BART Inspector General is to receive $1,000,000 from bridge toll revenue allocated by the Bay Area Toll Authority.

    ## 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 7. The Office of the BART Inspector General [28840 - 28845] ( Article 7 added by Stats. 2017, Ch. 650, Sec. 2. ) ## 28842. The Office of the BART Inspector General shall receive one million dollars ($1,000,000) from an allocation of bridge toll revenue from the Bay Area Toll Authority. In the second and subsequent years of operation of the office, the authority may increase the amount of funding allocated for this purpose to the extent funds are requested and justified by the office and can be accommodated in the authority’s budget. (Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Conditionally operative pursuant to Section 28845.)
  84. 28843.

    ## 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 7. The Office of the BART Inspector General [28840 - 28845] ( Article 7 added by Stats. 2017, Ch. 650, Sec. 2. )

    Verify source ↗

    The BART Inspector General must report at least annually to the board and the Legislature, and the summary must be posted online and made public when released to the board.

    ## 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 7. The Office of the BART Inspector General [28840 - 28845] ( Article 7 added by Stats. 2017, Ch. 650, Sec. 2. ) ## 28843. The BART Inspector General shall report at least annually to the board of directors and the Legislature with a summary of his or her findings, investigations, and audits. The summary shall be posted on the district’s Internet Web site and shall otherwise be made available to the public upon its release to the board. The summary shall include, but need not be limited to, significant problems discovered by the BART Inspector General and whether recommendations of the BART Inspector General relative to investigations and audits have been implemented by the district. (Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Conditionally operative pursuant to Section 28845.)
  85. 28844.

    ## 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 7. The Office of the BART Inspector General [28840 - 28845] ( Article 7 added by Stats. 2017, Ch. 650, Sec. 2. )

    Verify source ↗

    Investigatory files compiled by the BART Inspector General are treated as local law enforcement investigatory files and are subject to disclosure under the cited Government Code article.

    ## 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 7. The Office of the BART Inspector General [28840 - 28845] ( Article 7 added by Stats. 2017, Ch. 650, Sec. 2. ) ## 28844. Any investigatory file compiled by the BART Inspector General is an investigatory file compiled by a local law enforcement agency subject to disclosure pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 404. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615. Conditionally operative pursuant to Section 28845.)
  86. 28845.

    ## 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 7. The Office of the BART Inspector General [28840 - 28845] ( Article 7 added by Stats. 2017, Ch. 650, Sec. 2. )

    Verify source ↗

    This article starts only after an affirmative vote by residents of specified San Francisco Bay Area counties to increase tolls on certain bridges.

    ## 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 7. The Office of the BART Inspector General [28840 - 28845] ( Article 7 added by Stats. 2017, Ch. 650, Sec. 2. ) ## 28845. This article shall become operative upon an affirmative vote of the residents of the City and County of San Francisco and the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma to increase tolls pursuant to Section 30923 of the Streets and Highways Code on the bridges described in Section 30910 of the Streets and Highways Code. (Added by Stats. 2017, Ch. 650, Sec. 2. (SB 595) Effective January 1, 2018. Note: This Section provides for the delayed operation of Article 7, commencing with Section 28840.)
  87. 28848.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    This section defines “District,” “Employee organization,” and “Exclusive representative” for this chapter.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28848. As used in this chapter, the following definitions apply: (a) “District” means the San Francisco Bay Area Rapid Transit District, including all operations and extensions of its transportation system, regardless of modality or vehicle type, and excluding all temporary bus lines. (b) “Employee organization” means an organization that includes employees of the district that has as one of its primary purposes representing those employees in their relations with the district. “Employee organization” shall also include any person of the organization authorized to act on its behalf. (c) “Exclusive representative” means an accredited employee organization recognized or certified as the exclusive negotiating representative of employees in an appropriate unit within the district. (Added by Stats. 2020, Ch. 293, Sec. 1. (AB 2850) Effective January 1, 2021.)
  88. 28849.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    This section says employees in the district have recognized rights to join employee organizations, be represented, choose an exclusive representative, and have a voice at work, and it gives the Public Employment Relations Board jurisdiction to enforce the chapter.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28849. (a) It is a primary purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the district by providing a uniform basis for recognizing the right of employees to join employee organizations of their own choice, to be represented, to select one employee organization as the exclusive representative of the employees in an appropriate unit, and to afford employees a voice at work. (b) The Public Employment Relations Board established pursuant to Section 3541 of the Government Code, and the powers and duties of that board, as described in Section 3541.3 of the Government Code, shall have jurisdiction, as appropriate, to enforce this chapter. (Added by Stats. 2020, Ch. 293, Sec. 2. (AB 2850) Effective January 1, 2021.)
  89. 2885.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

    Verify source ↗

    The commission must decide by July 1, 1987 whether cellular-call notification is feasible, and if it is, it must order cellular telephone corporations to implement 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2885. The commission shall, on or before July 1, 1987, determine the feasibility of requiring that, whenever a call is placed from a cellular telephone, the person receiving the call receive a notification indicating that the call is being placed from a cellular telephone and that the telephone conversation may not be totally private. The determination of feasibility shall include findings and conclusions on the necessity for, and the costs of, implementing a cellular telephone call notification system and on subscriber reaction to the notification system or systems proposed or employed. If the commission determines, in view of its findings and conclusions, that it is feasible for telephone corporations to implement a cellular telephone call notification system, it shall, by rule or order, require telephone corporations operating cellular telephones to implement that system. (Added by Stats. 1986, Ch. 1101, Sec. 1.)
  90. 2885.6.

    ## 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

    Verify source ↗

    Mobile telephony service carriers must provide the commission with specified information about service quality and customer complaints, first within six months after the act’s effective date and then whenever the commission asks.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2885.6. (a) The commission shall require mobile telephony service, as defined in Section 224.4, carriers to provide the commission, within six months of the effective date of the act that adds this section, and thereafter as requested by the commission, with information, as specified by the commission, concerning service quality and customer complaints. (b) In addition to any other sanctions available, the commission shall have the authority to assess any and all of the following specific penalties for mobile telephony carrier noncompliance with commission rules, practices, and procedures respecting the filing of required periodic information and reports to the commission: (1) The revocation or suspension, on an expedited basis, of temporary tariffing authority granted the carrier. (2) The revocation or suspension, on an expedited basis, of other rate flexibility or promotional program authority granted the carrier. (Amended by Stats. 2006, Ch. 198, Sec. 17. Effective January 1, 2007.)
  91. 28850.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    If district employees choose representation and the organization is confirmed under Section 28851, the board must bargain with the exclusive representative in good faith, and both sides must make reasonable efforts to reach a written contract.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28850. (a) If a majority of the employees employed by the district in a unit appropriate for collective bargaining indicate a desire to be represented by an employee organization, the board, after determining pursuant to Section 28851 that the employee organization represents the employees in the appropriate unit, shall bargain with the exclusive representative of those employees. Both parties shall bargain in good faith and make all reasonable efforts to reach agreement on the terms of a written contract governing wages, salaries, hours, working conditions, and grievance procedures. (1) If a dispute arises over the terms of a written contract governing wages, salaries, hours, or working conditions that is not resolved by negotiations conducted in good faith between the board and the exclusive representative, then upon the agreement of both parties, the board and the exclusive representative may submit the dispute to an arbitration board. The decision of a majority of the arbitration board shall be final. (2) (A) The arbitration board shall be composed of two representatives of the district, two representatives of the exclusive representative, and a fifth member to be agreed upon by the representatives of the district and the exclusive representative. (B) If the representatives of the district and the exclusive representative are unable to agree on the fifth member, then the names of five persons experienced in labor arbitration shall be obtained from the California State Mediation and Conciliation Service. The exclusive representative and the district shall, alternately, strike a name from the list supplied by the California State Mediation and Conciliation Service. The exclusive representative and the district shall determine by lot who shall first strike a name from the list. After the exclusive representative and the district have stricken four names, the name remaining shall be designated as the arbitrator. (C) The district and the exclusive representative shall each pay one-half of the cost of the impartial arbitrator. (b) A contract or agreement shall not be made with any exclusive representative, employee organization, association, group, or individual that denies membership on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code. However, the organization may preclude from membership any individual who advocates the overthrow of the government by force or violence. (c) The district shall not discriminate with regard to employment against any person on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. (Amended by Stats. 2020, Ch. 293, Sec. 3. (AB 2850) Effective January 1, 2021.)
  92. 28851.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    If there is a dispute about employee representation or the proper bargaining unit, it must be submitted to the California State Mediation and Conciliation Service, which must promptly hold a public hearing and may set unit boundaries and order an election.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28851. If there is a question whether an employee organization represents a majority of employees or whether the proposed unit is or is not appropriate, such matters shall be submitted to the California State Mediation and Conciliation Service for disposition. The California State Mediation and Conciliation Service shall promptly hold a public hearing and may, by decision, establish the boundaries of any collective bargaining unit and provide for an election to determine the question of representation. Provided, however, any certification of an employee organization to represent or act for the employees in any collective bargaining unit shall not be subject to challenge on the grounds that a new substantial question of representation within such collective bargaining unit exists until the lapse of one year from the date of certification or the expiration of any collective bargaining agreement, whichever is later. (Amended by Stats. 2020, Ch. 293, Sec. 4. (AB 2850) Effective January 1, 2021.)
  93. 28852.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    When the district acquires certain public utility facilities, eligible utility employees must be placed into comparable district jobs without examination and receive related leave and seniority 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28852. Whenever the district acquires existing facilities from a publicly or privately owned public utility, either in proceedings by eminent domain or otherwise, to the extent necessary for operation of facilities, all of the employees of such public utility whose duties pertain to the facilities acquired who have been employed by said utility for at least seventy-five (75) days shall be appointed to comparable positions in the district without examination and shall be governed thereafter by the personnel system adopted by the board, and these employees shall be given sick leave, seniority and vacation credits in accordance with the records of the acquired public utility. The provisions of this section shall apply only to those officers or supervisory employees of the acquired utility as shall be designated by the board. (Added by Stats. 1957, Ch. 1056.)
  94. 28853.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    When the district acquires a public utility’s existing facilities and the utility has a pension plan, the plan’s members and beneficiaries keep their pension-related rights, benefits, obligations, and status, if the utility’s pension liabilities were accounted for in the purchase price.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28853. Whenever the district acquires existing facilities from a publicly or privately owned public utility, either in proceedings in eminent domain or otherwise, that has a pension plan in operation, members and beneficiaries of such pension plan shall continue to have the rights, privileges, benefits, obligations and status with respect to such established system; provided, however, that the outstanding obligations and liabilities of such public utility by reason of such pension plan have been considered and taken into account and allowance made for in the purchase price of such public utility. (Added by Stats. 1957, Ch. 1056.)
  95. 28854.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    When the district acquires a public utility, the agreement or order must specify who is entitled to pension benefits and what those benefits are.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28854. The persons entitled to pension benefits as provided for in Section 28853 and the benefits which are provided shall be specified in the agreement or order by which any public utility is acquired by the district. (Added by Stats. 1957, Ch. 1056.)
  96. 28855.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    Certain pension beneficiaries may join or receive pensions under the district retirement system if they and the district agree.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28855. All persons receiving pension benefits from such acquired public utility and all persons entitled to pension benefits under the pension plan of such acquired public utility may become members or receive pensions under the retirement system established by the district by mutual agreement of such persons and the district. (Added by Stats. 1957, Ch. 1056.)
  97. 28856.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    Exclusive representatives and employees have rights about representation in employer-employee relations with 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28856. (a) Exclusive representatives shall have the right to represent their bargaining unit members in employer-employee relations with the district, and employees shall have the right to be represented by their exclusive representative. (b) This chapter is not intended to adversely affect any rights afforded to exclusive representatives or district employees under existing law, as it may be amended from time to time. (Added by Stats. 2020, Ch. 293, Sec. 5. (AB 2850) Effective January 1, 2021.)
  98. 28857.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district must give an exclusive representative reasonable written notice before changing matters within the employees’ scope of representation.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28857. The district shall give reasonable written notice to an exclusive representative of its intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative for purposes of providing the exclusive representative a reasonable amount of time to negotiate with the district regarding the proposed changes. (Added by Stats. 2020, Ch. 293, Sec. 6. (AB 2850) Effective January 1, 2021.)
  99. 28858.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district must not retaliate against, discriminate against, or interfere with employees or employee organizations, and must negotiate in good faith with an exclusive representative.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28858. It is unlawful for the district to do any of the following: (a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed to them by this chapter. As used in this subdivision, “employee” includes an applicant for employment or reemployment with the district. (b) Deny employee organizations rights guaranteed to them by this chapter. (c) Refuse or fail to meet and negotiate in good faith with an exclusive representative. Knowingly providing an exclusive representative with inaccurate information, whether or not it is in response to a request for information, constitutes a refusal or failure of the district to meet and negotiate in good faith with the exclusive representative. (d) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any employee organization in preference to another. (e) Refuse to participate in good faith in mutually agreed upon impasse procedures. (Added by Stats. 2020, Ch. 293, Sec. 7. (AB 2850) Effective January 1, 2021.)
  100. 28859.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    An employee organization must not retaliate against, discriminate against, or coerce employees for exercising chapter rights, and must negotiate and participate in impasse procedures in good faith.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28859. It is unlawful for an employee organization to do any of the following: (a) Impose or threaten to impose reprisals on employees, discriminate or threaten to discriminate against employees, or otherwise interfere with, restrain, or coerce employees because of their exercise of rights guaranteed to them by this chapter. (b) Refuse or fail to meet and negotiate in good faith with the district concerning any of the employees of which it is the exclusive representative. (c) Refuse to participate in good faith in mutually agreed upon impasse procedures. (Added by Stats. 2020, Ch. 293, Sec. 8. (AB 2850) Effective January 1, 2021.)
  101. 2886.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

    Verify source ↗

    Telephone corporations that provide mobile telephony service must use a billing system that separately identifies charges for calls not completed, and those calls may not be charged at more than 50% of the charge for completed subscriber-initiated calls.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2886. (a) The commission shall require every telephone corporation furnishing mobile telephony service, as defined in Section 224.4, to establish a pricing system made available to subscribers that shall distinguish on the billing invoice charges to a subscriber for calls not completed from any other service charge on the billing invoice. (b) The commission shall require that those calls which are not completed shall not be charged more than 50 percent of the charge established for completed subscriber initiated calls. (c) For purposes of this section, a call is not completed when it originates from the mobile telephony service handset and any of the following occurs: (1) The terminating line is busy and the originator receives a busy signal. (2) The terminating line does not answer and the originator receives an audible ring. (3) No radios are available and the originator receives a reorder signal. (4) The mobile telephony switching office cannot connect the call to the public network and the originator receives a reorder signal. (5) The public network cannot complete the call to the terminating number and the originator receives a reorder signal. (Amended by Stats. 2006, Ch. 198, Sec. 18. Effective January 1, 2007.)
  102. 28860.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

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    This section says the chapter does not replace certain Government Code requirements, and the Public Employment Relations Board has exclusive jurisdiction to decide whether an unfair practice charge is justified and what remedy is appropriate, with limits in unlawful-strike damages cases.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28860. (a) This chapter shall not displace, or supplant, the requirements of Chapter 3 (commencing with Section 3610) of Division 4.5 of Title 1 of the Government Code, and the impasse resolution and injunctive relief procedures provided for pursuant to Sections 3612 to 3614, inclusive, of the Government Code shall remain exclusive. (b) The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, is a matter within the exclusive jurisdiction of the Public Employment Relations Board, except that in an action to recover damages due to an unlawful strike, the Public Employment Relations Board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. (Added by Stats. 2020, Ch. 293, Sec. 9. (AB 2850) Effective January 1, 2021.)
  103. 28861.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    This section lets an aggrieved party ask for extraordinary relief from a Public Employment Relations Board unfair practice decision, sets filing and record deadlines, and limits court review of the merits in enforcement proceedings.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28861. (a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the Public Employment Relations Board in an unfair practice case, except a decision of that board not to issue a complaint in such a case, may petition for a writ of extraordinary relief from that decision or order. (b) A petition for a writ of extraordinary relief shall be filed in the district court of appeal having jurisdiction over any county in which the district operates. The petition shall be filed within 30 days from the date of the issuance of the Public Employment Relations Board’s final decision or order, or order denying reconsideration, as applicable. Upon the filing of the petition, the court shall cause notice to be served upon the Public Employment Relations Board and thereafter shall have jurisdiction of the proceeding. The Public Employment Relations Board shall file in the court the record of the proceeding, certified by that board, within 10 days after the clerk’s notice unless that time is extended by the court for good cause shown. The court shall have jurisdiction to grant any temporary relief or restraining order it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as modified, or setting aside in whole or in part the decision or order of the Public Employment Relations Board. The findings of the Public Employment Relations Board with respect to questions of fact, including ultimate facts, if supported by substantial evidence on the record considered as a whole, shall be conclusive. Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall, except where specifically superseded by this section, apply to proceedings pursuant to this section. (c) If the time to petition for extraordinary relief from a Public Employment Relations Board decision or order has expired, the Public Employment Relations Board may seek enforcement of any final decision or order in a district court of appeal or superior court having jurisdiction over the county where the events giving rise to the decision or order occurred. The Public Employment Relations Board shall respond within 10 days to any inquiry from a party to the action as to why the Public Employment Relations Board has not sought court enforcement of the final decision or order. If the response does not indicate that there has been compliance with the Public Employment Relations Board’s final decision or order, the Public Employment Relations Board shall seek enforcement of the final decision or order upon the request of the party. The Public Employment Relations Board shall file in the court the record of the proceeding, certified by that board, and appropriate evidence disclosing the failure to comply with the decision or order. If, after hearing, the court determines that the order was issued pursuant to the procedures established by the Public Employment Relations Board and that the person or entity refuses to comply with the order, the court shall enforce the order by writ of mandamus or other proper process. The court may not review the merits of the order. (Added by Stats. 2020, Ch. 293, Sec. 10. (AB 2850) Effective January 1, 2021.)
  104. 28862.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    This section says the chapter must not be read as conflicting with any collective bargaining agreement and must not be used to abrogate pre-January 1, 2021 agreements between the district and an employee organization.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28862. This chapter, as amended by the act adding this section, shall not be interpreted as if it were in conflict with any collective bargaining agreement and shall not be implemented to abrogate an agreement entered into before January 1, 2021, between the district and an employee organization. This chapter shall be interpreted in a manner consistent with the Public Employment Relations Board’s interpretation of parallel provisions in other statutes it enforces. (Added by Stats. 2020, Ch. 293, Sec. 11. (AB 2850) Effective January 1, 2021.)
  105. 28863.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    Chapter 11.5 of the Government Code applies to the district and its employees, and the district is treated as a public employer for that chapter.

    ## 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 4. Labor Provisions [28848 - 28863] ( Chapter 4 added by Stats. 1957, Ch. 1056. ) ## 28863. Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code applies to the district and its employees. Notwithstanding subparagraph (B) of paragraph (1) of subdivision (i) of Section 3558.8 of the Government Code, the district is a public employer for purposes of Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code. (Added by Stats. 2020, Ch. 293, Sec. 12. (AB 2850) Effective January 1, 2021.)
  106. 28870.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Establishment [28870 - 28875] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    The board may establish a retirement system for district officers and employees and may provide annuities, pensions, retirement allowances, disability payments, and death benefits.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Establishment [28870 - 28875] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28870. The board may establish a retirement system for the officers and employees of the district and provide for the payment of annuities, pensions, retirement allowances, disability payments, and death benefits or any of them. (Added by Stats. 1957, Ch. 1056.)
  107. 28871.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Establishment [28870 - 28875] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    The district may keep its own retirement fund or provide retirement benefits to eligible officers and employees, or their beneficiaries, through insurance or another method the board considers adequate.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Establishment [28870 - 28875] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28871. The district may maintain its own retirement fund or may provide for benefits to eligible officers and employees, or their beneficiaries, by means of group insurance or other insurance, or by such means as in the opinion of the board will satisfactorily provide an adequate and sure method of meeting the payments contemplated by the retirement system. (Added by Stats. 1957, Ch. 1056.)
  108. 28872.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Establishment [28870 - 28875] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    Before establishing a retirement system, the board must get a report from a qualified actuary.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Establishment [28870 - 28875] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28872. Before establishing any retirement system the board shall secure a report from a qualified actuary, which shall show the cost of the benefits provided by the system, and the prospective assets and liabilities of the system. (Added by Stats. 1957, Ch. 1056.)
  109. 28873.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Establishment [28870 - 28875] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    The board may adopt ordinances and resolutions and do whatever is necessary or convenient to start, maintain, and run the retirement system.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Establishment [28870 - 28875] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28873. The board may adopt all ordinances and resolutions and perform all acts necessary or convenient to the initiation, maintenance, and administration of the retirement system. (Added by Stats. 1957, Ch. 1056.)
  110. 28874.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Establishment [28870 - 28875] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    The district may participate in the State Employees’ Retirement System and the Federal Social Security Act, and may do whatever is necessary or convenient to do so.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Establishment [28870 - 28875] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28874. Nothing in this chapter prevents the district from participating in and making all or part of its employees members of the State Employees’ Retirement System by contract entered into between the district and the board of administration of the system under the State Employees’ Retirement Law or from participating in the Federal Social Security Act pursuant to Chapter 8 (commencing at Section 13775) of Part 3 of Division 3 of Title 2 of the Government Code, and the district may perform all acts necessary or convenient for such participation. (Added by Stats. 1957, Ch. 1056.)
  111. 28875.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Establishment [28870 - 28875] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    The board may decide which officers and employees are included in the retirement system, and it may change that classification later. Those classified and included must be members of the retirement system.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Establishment [28870 - 28875] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28875. The board may classify and determine the officers and employees who shall be included as members in the retirement system and may change the classification from time to time. Membership of all officers and employees so classified and included in the retirement system is compulsory. (Added by Stats. 1957, Ch. 1056.)
  112. 2888.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

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    The commission must use all available legal remedies to redraw LATA boundaries for Monterey and Santa Cruz counties.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2888. The commission shall pursue all available legal remedies to redraw intrastate inter-exchange, also known as local access and transport area, or LATA, boundaries for the purpose of eliminating restrictions that result in discriminatory costs, added inconvenience, and less service for consumers of telecommunications services solely in and between the Counties of Monterey and Santa Cruz. (Added by Stats. 1994, Ch. 941, Sec. 1. Effective January 1, 1995.)
  113. 2889.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

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    Information providers using information access telephone service must give a delayed billing period and a price disclosure message, and telephone corporations must give them at least 12 seconds to do so.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2889. (a) An information provider engaged in furnishing any live, recorded, or recorded-interactive audio text through information access telephone service shall provide a (1) delayed timing of information charges and (2) price disclosure message. (b) The telephone corporation shall provide information providers, described in subdivision (a), with a period of a minimum of 12 seconds for a delayed timing of information charges and price disclosure message. If the delayed timing period is exceeded, a consumer shall be billed from the time of the initial connection, and transport charges shall be billed to the information provider from the time of the initial connection. If the consumer disconnects the call within the delayed timing period, no information charge shall be billed to the caller. (c) (1) During the delayed timing period, the information provider shall inform the consumer of all of the following: (A) The name of the programs. (B) The information charge for the call. (C) The date the information was recorded, if the information is a recorded message. (D) That if the caller disconnects the call within the delayed timing period, the consumer will not be charged for the call. (2) This information shall be provided at the beginning of every call and at least three seconds shall be allowed at the end of the message within the delayed timing period for the consumer to hang up without being charged if he or she has not already disconnected the call. The information provider shall provide a tone to indicate the end of the delayed timing period. (d) This section does not apply to audiotex programs with restricted access via personal identification number (PIN) code or special password. (e) As used in this section, “delayed timing of information charges” means a service feature which delays commencement of billing of charges for a minimum of 12 seconds in order to provide the information required by subdivision (c). (f) Every violation of this section is a misdemeanor. (Added by Stats. 1990, Ch. 1317, Sec. 2. Operative July 1, 1991, by Sec. 3 of Ch. 1317.)
  114. 2889.2.

    ## 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

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    Telephone corporations and providers of information-access telephone services must not charge subscribers for calls to 800 numbers, unless the number is an information service meeting FCC presubscription 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2889.2. No telephone corporation or provider of information-access telephone services shall charge the subscribing party for a call made to a telephone number with an “800” prefix, unless the telephone number with an “800” prefix is an information service complying with the presubscription requirements imposed by Federal Communications Commission Docket No. 93–22. (Added by Stats. 1995, Ch. 170, Sec. 3. Effective July 24, 1995.)
  115. 2889.3.

    ## 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

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    A telephone corporation leaving interexchange service must give affected customers written notice at least 30 days before transferring them, and the notice must include specified details. Customer service transfers must be free.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2889.3. (a) (1) Before a telephone corporation exits the business of providing interexchange services to all of its customers or to an entire class of its customers, the telephone corporation or any person, firm, or corporation representing the telephone corporation, shall provide those affected customers with a written notice at least 30 days prior to the proposed transfer of those customers to another telephone corporation. The notice shall include all of the following: (A) A straightforward description of the proposed transfer. (B) All applicable rates, terms, and conditions of the new service. (C) A statement of the customer’s right to transfer to another telephone corporation. (D) A toll-free customer service telephone number for the purpose of responding to customers’ questions. (2) Any transfer of customer services shall be effectuated without charge. (b) Subdivision (a) does not apply when the telephone corporation has entered into a written contract with the customer and when the change in telephone corporation results in no rate increase for the customer. (Added by Stats. 1998, Ch. 663, Sec. 1. Effective January 1, 1999.)
  116. 2889.4.

    ## 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

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    Local exchange providers offering certain pay-per-use features must inform new residential subscribers, offer blocking options, and send notices to existing subscribers; affected subscribers may get a one-time bill adjustment for unauthorized activation.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2889.4. (a) A local exchange service provider that offers and charges for pay per use features that do not require an access code to be dialed to activate the service shall provide a new residential subscriber, including an existing residential customer ordering an additional line, during the verbal service order process, with information about those features. The representatives of a provider shall offer that subscriber blocking options for those features. (b) (1) A local exchange service provider that offers the features described in subdivision (a) shall advise an existing residential subscriber who inquires about the features, or who seeks a bill adjustment for the inadvertent or unauthorized use of those per use custom calling features, that the features can be blocked and shall inquire as to whether the subscriber would like to block any or all of the features. (2) (A) A local exchange service provider that offers the features described in subdivision (a) shall provide notice to all existing residential subscribers not later than May 1, 2000, describing all features provided on a per use basis, the charge for each activation, any additional usage or other charges, and detailed information about the ability to block these features. (B) The notice shall contain a toll-free number for further information and shall contain a noticeable postcard size bill insert that may be returned in the subscriber’s bill envelope if they wish to block any or all of the per use features described in subdivision (a). (c) A local exchange service subscriber that has not blocked per use features in accordance with this section is entitled to a one-time bill adjustment which shall equal the sum of the charges for every incident that occurred during the first billing cycle pursuant to which the subscriber notifies the local exchange service provider that inadvertent or unauthorized activation occurred with regard to those per use services that do not require coded dialing to activate. The one-time bill adjustment shall include an adjustment for any additional usage charges occurring as a result of inadvertent or unauthorized activation. The adjustment shall take the form of a credit to the subscriber’s account if the existing technology or facilities of the local exchange service provider measure usage and permit a usage credit to be determined and provided. (d) Nothing in this section prohibits a local exchange service provider from providing additional bill adjustments at its discretion in connection with charges imposed for features described in subdivision (a). (Added by Stats. 1999, Ch. 384, Sec. 1. Effective January 1, 2000.)
  117. 2889.5.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

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    Telephone corporations cannot change a subscriber’s service provider unless required verification steps are completed, and they must give notices and keep records.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2889.5. (a) No telephone corporation, or any person, firm, or corporation representing a telephone corporation, shall make any change or authorize a different telephone corporation to make any change in the provider of any telephone service for which competition has been authorized of a telephone subscriber until all of the following steps have been completed: (1) The telephone corporation, its representatives or agents shall thoroughly inform the subscriber of the nature and extent of the service being offered. (2) The telephone corporation, its representatives or agents shall specifically establish whether the subscriber intends to make any change in his or her telephone service provider, and explain any charges associated with that change. (3) For sales of residential service, the subscriber’s decision to change his or her telephone service provider shall be confirmed by an independent third-party verification company, or as provided in paragraph (5). For purposes of this provision, the confirmation by a third-party verification company shall be made as follows: (A) The third-party verification company shall meet each of the following criteria: (i) Be independent from the telephone corporation that seeks to provide the subscriber’s new service. (ii) Not be directly or indirectly managed, controlled, or directed, or owned wholly or in part, by the telephone corporation that seeks to provide the new service or by any corporation, firm, or person who directly or indirectly manages, controls, or directs, or owns more than 5 percent of the telephone corporation. (iii) Operate from facilities physically separate from those of the telephone corporation that seeks to provide the subscriber’s new service. (iv) Not derive commissions or compensation based upon the number of sales confirmed. (B) The telephone corporation seeking to verify the sale shall do so by connecting the subscriber by telephone to the third-party verification company or by arranging for the third-party verification company to call the subscriber to confirm the sale. (C) The third-party verification company shall obtain the subscriber’s oral confirmation regarding the change, and shall record that confirmation by obtaining appropriate verification data. The record shall be available to the subscriber upon request. Information obtained from the subscriber through confirmation shall not be used for marketing purposes. Any unauthorized release of this information is grounds for a civil suit by the aggrieved subscriber against the telephone corporation or its employees who are responsible for the violation. (D) Notwithstanding subparagraphs (A), (B), and (C), a service provider shall not be required to comply with these provisions when the customer directly calls the local service provider to make changes in service providers. However, a service provider shall not avoid the verification requirements by asking a subscribing customer to contact a local exchange service provider directly to make any change in the service provider. A local exchange service provider shall be required to comply with these verification requirements for its own competitive services. However, a local exchange service provider shall not be required to perform any verification requirements for any changes solicited by another telephone corporation. (4) For a sale of residential service, the telephone corporation seeking to verify the change in service, in addition to the requirements of paragraph (3), shall notify the subscriber by United States Postal Service that the subscriber’s telephone service provider has been changed. The service provider that initiated the change shall send that notice within 14 days of the date of the change. The notice shall provide the subscriber with clear, legible notice of the change in service provider, and shall include a customer service telephone number for the subscriber to call if the subscriber did not authorize the change in service. (5) Confirmation of a sale of residential service may be made using an electronic means that complies with Section 64.1120 of Title 47 of the Code of Federal Regulations in effect as of June 17, 2008. (6) For sales of all nonresidential services, the subscriber’s decision to change his or her service provider shall be confirmed through any of the following means: (A) Independent third-party verification, as set forth in paragraph (3) of subdivision (a). (B) The telephone corporation shall mail to the subscriber an information package seeking confirmation of his or her change in the telephone corporation. The information package shall describe the new service and shall include a postage prepaid postcard or mailer that the subscriber can use to deny, cancel, or confirm a service order, as soon as possible, and wait 14 days after the information package is mailed before making the change in the telephone corporation. The telephone corporation shall make the change only if the subscriber does not cancel the change in service order. (C) Verify the subscriber’s change in his or her telephone service provider by obtaining the subscriber’s signature on a document fully explaining the nature and extent of the action. The document shall be a separate document whose sole purpose is to explain the nature and extent of the action. (D) Obtain the subscriber’s authorization through an electronic means that takes the information, including the calling number, and confirms the change to which the subscriber has given his or her consent. (7) Where the telephone corporation obtains a written order for service, the document shall thoroughly inform the subscriber of the nature and extent of the action. The subscriber shall be furnished with a copy of the signed document. The subscriber by his or her signature on the document shall indicate a full understanding of the relationship being established with the telephone corporation. If a written subscriber solicitation or other document contains a letter of agency authorizing a change in service provider, in combination with other information including, but not limited to, inducements to subscribers to purchase service, the solicitation shall include a separate document whose sole purpose is to explain the nature and extent of the action. If any part of a mailing to a prospective subscriber is in language other than English, any written authorization contained in the mailing shall be sent to the same prospective subscriber in the same language. (8) The telephone corporation shall retain a record of the verification of the sale for at least one year. These records shall be made available to the subscriber, the Attorney General, or the commission upon request. (b) If a residential or business subscriber that has not signed an authorization notifies the telephone corporation within 90 days that he or she does not wish to change telephone corporations, the subscriber shall be switched back to his or her former telephone corporation at the expense of the telephone corporation that initiated the change. (c) For purposes of this section, competitive services are those services where subscribers have the ability to presubscribe to a telephone service provider. (d) When a subscriber changes telephone service providers, the change shall be conspicuously noticed on the subscriber’s bill. Notice in the following form is deemed to comply with this subdivision: “NOTICE: Your local (or long distance) telephone service provider has been changed from (name of prior provider) to (name of current provider). Cost of change: $ ____.” (e) Any telephone corporation that violates the verification procedures described in this section shall be liable to the telephone corporation previously selected by the subscriber in an amount equal to all charges paid by the subscriber after the violation. (f) In addition to the liability described in subdivision (e), any telephone corporation that violates the verification procedures described in this section shall credit to a subscriber any charges paid by the subscriber in excess of the amount that the subscriber would have been obligated to pay had the subscriber’s telephone service not been changed. The commission shall adopt regulations to govern credits to subscribers pursuant to this subdivision. (g) The remedies provided by this section are in addition to any other remedies available by law. (h) As described in federal law, no telephone corporation, or any person, firm, or corporation representing a telephone corporation, shall make any change or authorize a different telephone corporation to make any change in the provider of any telephone service for which competition has been authorized of a telephone subscriber without having on file, or having instituted reasonable steps designed to obtain, signed, dated orders for service from the subscriber. All orders shall be in the form prescribed in federal law for letters of agency. As described in federal law, the telephone corporation is responsible for charges associated with disputed changes in telephone service for which it cannot produce a signed, dated order for service from the subscriber. This subdivision applies to all intrastate services for which competition has been authorized. (Amended by Stats. 2008, Ch. 162, Sec. 1. Effective January 1, 2009.)
  118. 2889.6.

    ## 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

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    The commission must require local exchange carriers to put emergency information in telephone directories and send it annually to subscribers in a billing insert.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2889.6. The commission shall, by rule or order, require all local exchange carriers to do both of the following: (a) Include in their telephone directory information concerning emergency situations which may affect the telephone network. The information shall include the procedures which the corporation will follow during emergencies, how telephone subscribers can best use the telephone network in an emergency situation, and the emergency services available by dialing “911.” (b) Annually provide to all subscribers in the form of a billing insert, which need not be a separate document, information concerning emergency situations which may affect the telephone network. The information shall include the procedures which the corporation will follow during emergencies, how telephone subscribers can best use the telephone network in an emergency situation, and the emergency services available by dialing “911.” The billing insert shall additionally direct the subscriber to consult the telephone directory for similar information concerning the use of the telephone in emergency situations. (Added by Stats. 1990, Ch. 524, Sec. 1.)
  119. 2889.8.

    ## 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

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    The commission must periodically assess the reliability of the public telecommunications network and may develop improvement recommendations if needed.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2889.8. The commission periodically shall assess the reliability of the public telecommunications network and, if necessary, develop recommendations for improvement. The assessment shall include, but not be limited to, all of the following: (a) An analysis of those factors that pose a risk to network reliability, including the adequacy of independent sources of reserve power. (b) Consideration as to whether development of reliability standards is appropriate. (c) Consideration as to whether procedures should be developed to notify customers about accessing other telecommunications companies in the event of a service disruption. (Amended by Stats. 1999, Ch. 1005, Sec. 65. Effective January 1, 2000.)
  120. 2889.9.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

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    This section prohibits misrepresenting a telephone carrier affiliation when selling billed products or services, and gives the commission several enforcement and rulemaking powers.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2889.9. (a) No person or corporation shall misrepresent its association or affiliation with a telephone carrier when soliciting, inducing, or otherwise implementing the subscriber’s agreement to purchase the products or services of the person or corporation, and have the charge for the product or service appear on the subscriber’s telephone bill. (b) The provisions of Chapter 11 (commencing with Section 2100) of Part 1 of Division 1 apply to a public utility subject to this section and Section 2890. If the commission finds that a person or corporation or its billing agent that is a nonpublic utility, and is subject to the provisions of this section and Section 2890, has violated any requirement of this article, or knowingly provided false information to the commission on matters subject to this section and Section 2890, the commission may enforce Sections 2102, 2103, 2104, 2105, 2106, 2107, 2108, 2109, 2110, 2111, and 2114 against those persons, corporations, and billing agents as if the persons, corporations, or billing agents were a public utility. Neither this authority nor any other provision of this article grants the commission jurisdiction to regulate persons or corporations or their billing agents who are not otherwise subject to commission regulation, other than as specifically set forth in this section and Section 2890. (c) If the commission finds that a person, corporation, or billing agent is operating in violation of any provision of this section and Section 2890, the commission may order the billing telephone company to terminate the billing and collection services for that person, corporation, or billing agent. Nothing in this section and Section 2890 precludes a billing telephone company from taking action on its own to terminate billing and collection services. (d) The commission shall establish rules that require each billing telephone company, billing agent, and company that provides products or services that are charged on subscribers’ telephone bills, to provide the commission with reports of complaints made by subscribers regarding the billing for products or services that are charged on their telephone bills as a result of the billing and collection services that the billing telephone company provides to third parties, including affiliates of the billing telephone company. (e) If the commission receives more than 100 complaints regarding unauthorized telephone charges in any 90-day period as to a person, corporation, or billing agent’s activities that are subject to Section 2890 and this section, the commission’s consumer services division shall commence a formal or informal investigation. The commission, to further the purposes of Section 2890 and this section, may change the number of complaints in any 90-day period that initiates the commencement of an investigation. This subdivision does not prohibit the commission’s consumer services division from opening any investigation it deems necessary to enforce Section 2890 or this section. (f) Failure by a person, corporation, or billing agent to respond to commission staff requests for information is grounds for the commission to order the billing telephone company or companies that are providing billing and collection services to cease billing and collection services for the person, corporation, or billing agent. (g) Persons or corporations originating charges for products or services, their billing agents, and telephone corporations billing for these products or services shall cooperate with the commission in the commission’s efforts to enforce the provisions of this article. (h) This section and Section 2890 do not obligate a billing telephone company to provide billing and collection services to a billing agent. (i) The commission may adopt rules, regulations and issue decisions and orders, as necessary, to safeguard the rights of consumers and to enforce the provisions of this article. (j) For the purposes of this section, “billing agent” means the clearinghouse or billing aggregator. (Added by Stats. 1998, Ch. 1036, Sec. 2. Effective January 1, 1999.)
  121. 28890.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. )

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    The board may set the terms and conditions for district officers, employees, or their beneficiaries to receive benefits and determine the benefit amounts.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. ) ## 28890. The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and the amounts thereof. (Added by Stats. 1957, Ch. 1056.)
  122. 28891.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. )

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    A retirement allowance may partly take into account a member’s service to the district before the retirement system was established; that service is called “prior service.”

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. ) ## 28891. The retirement allowance may be predicated in part upon service rendered the district by a member prior to the establishment of the retirement system, which service is known as “prior service.” (Added by Stats. 1957, Ch. 1056.)
  123. 28892.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. )

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    The board must arrange for the district and members to contribute to the retirement system, and member contribution rates must be set to fund about half of a retirement allowance.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. ) ## 28892. The board shall provide that both the district and the members shall contribute to the retirement system. The rate of contribution by an officer or employee of the district becoming a member of the retirement system shall be so fixed as to provide, with accumulated interest and based on tables and assumptions adopted by the board, substantially one-half the value of any retirement allowance granted for service, exclusive of any credits allowed for prior service. (Added by Stats. 1957, Ch. 1056.)
  124. 28893.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. )

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    Members of the retirement system must contribute as the board तय? sets the manner and amount, and those contributions may be taken from salary, wages, or compensation.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. ) ## 28893. All members of the retirement system shall contribute in the manner and amount fixed by the board and such contributions may be collected by deducting the amounts thereof from the salary, wages, or compensation due such members. (Added by Stats. 1957, Ch. 1056.)
  125. 28894.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. )

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    The district must fund certain retirement-system liabilities through contributions, and it may use annual appropriations for prior-service or other district liabilities.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. ) ## 28894. Liabilities accruing under the retirement system because of benefits other than such as are the equivalent of contributions by the members, with accumulated interest, shall be met by contributions by the district. Prior service or other liabilities of the district may be met by annual appropriations instead of by appropriation for the total of the liabilities; but until the present value of regular contributions for current service, together with assets then available, equals the present value of all allowances and benefits granted or to be granted under the system, the appropriation for any one year when added to any unused balance of any previous appropriations for such purpose shall not be less than the amount disbursed during that year on account of prior service or other liabilities of the district. (Added by Stats. 1957, Ch. 1056.)
  126. 28895.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. )

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    If a member leaves the retirement system before retirement, their contributions plus credited interest must be returned. The board may set terms for certain terminated members to leave contributions in the fund or receive a retirement allowance later.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. ) ## 28895. If any member withdraws from the retirement system prior to retirement the total amount contributed by him with such interest as may be credited thereto shall be returned to him; provided, however, that the board may prescribe the terms and conditions upon which a member, whose district service is terminated except by death or retirement, may elect to leave his contributions and interest thereon in the retirement fund, and the terms and conditions upon which a retirement allowance may be made to him after such termination based upon his contributions prior to such termination. (Added by Stats. 1957, Ch. 1056.)
  127. 28896.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. )

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    Certain retirement-system payments and returned contributions are exempt from execution or other process, except as allowed by Code of Civil Procedure Section 704.110, and they cannot be assigned.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Benefits and Contributions [28890 - 28896] ( Article 2 added by Stats. 1957, Ch. 1056. ) ## 28896. All money received by any person as an annuity, pension, retirement allowance, disability payment, or death benefit from the retirement system, and all contributions and interest thereon returned to any member of the retirement system, whether in the actual possession of such person or deposited, loaned, or invested by him, is exempt from execution or any other process except to the extent permitted by Section 704.110 of the Code of Civil Procedure and is unassignable. (Amended by Stats. 1982, Ch. 497, Sec. 166. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  128. 2890.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

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    Telephone bills, written orders, and subscriber-charge disputes must follow specific billing and disclosure rules, and unauthorized charges must be handled quickly.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2890. (a) A telephone bill may only contain charges for products or services, the purchase of which the subscriber has authorized. (b) When a person or corporation obtains a written order for a product or service, the written order shall be a separate document from any solicitation material. The sole purpose of the document is to explain the nature and extent of the transaction. Written orders and written solicitation materials shall be unambiguous, legible, and in a minimum 10-point type. Written or oral solicitation materials used to obtain an order for a product or service shall be in the same language as the written order. Written orders may not be used as entry forms for sweepstakes, contests, or any other program that offers prizes or gifts. (c) The commission may only permit a subscriber’s local telephone service to be disconnected for nonpayment of charges relating to the subscriber’s basic local exchange telephone service, long-distance telephone service within a local access and transport area (intraLATA), long-distance telephone service between local access and transport areas (interLATA), and international telephone service. (d) (1) A billing telephone company shall clearly identify, and use a separate billing section for, each person, corporation, or billing agent that generates a charge on a subscriber’s telephone bill. A billing telephone company may not bill for a person, corporation, or billing agent, unless that person, corporation or billing agent complies with paragraph (2). (2) Any person, corporation, or billing agent that charges subscribers for products or services on a telephone bill shall do all of the following: (A) Include, or cause to be included, in the telephone bill the amount being charged for each product or service, including any taxes or surcharges, and a clear and concise description of the service, product, or other offering for which a charge has been imposed. (B) Include, or cause to be included, for each entity that charges for a product or service, information with regard to how to resolve any dispute about that charge, including the name of the party responsible for generating the charge and a toll-free telephone number or other no cost means of contacting the entity responsible for resolving disputes regarding the charge and a description of the manner in which a dispute regarding the charge may be addressed. Each telephone bill shall include the appropriate telephone number of the commission that a subscriber may use to register a complaint. (C) Establish, maintain, and staff a toll-free telephone number to respond to questions or disputes about its charges and to provide the appropriate addresses to which written questions or complaints may be sent. The person, corporation, or billing agent that generates a charge may also contract with a third party, including, but not limited to, the billing telephone corporation, to provide that service on behalf of the person, corporation or billing agent. (D) Provide a means for expeditiously resolving subscriber disputes over charges for a product or service, the purchase of which was not authorized by the subscriber. In the case of a dispute, there is a rebuttable presumption that an unverified charge for a product or service was not authorized by the subscriber and that the subscriber is not responsible for that charge. With regard to direct dialed telecommunications services, evidence that a call was dialed is prima facie evidence of authorization. If recurring charges arise from the use of those subscriber-initiated services, the recurring charges are subject to this section. (e) If an entity responsible for generating a charge on a telephone bill receives a complaint from a subscriber that the subscriber did not authorize the purchase of the product or service associated with that charge, the entity, not later than 30 days from the date on which the complaint is received, shall verify the subscriber’s authorization of that charge or undertake to resolve the billing dispute to the subscriber’s satisfaction. (f) For purposes of this section, “billing agent” is the clearinghouse or billing aggregator. (g) This section shall become operative on July 1, 2001. (Amended (as amended by Stats. 1999, Ch. 1005, Sec. 65.7) by Stats. 2000, Ch. 931, Sec. 4. Effective January 1, 2001. Section operative July 1, 2001, by its own provisions.)
  129. 2890.1.

    ## 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

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    The commission must adopt additional rules by July 1, 2001, if it finds them necessary to carry out Section 2890’s billing safeguards for certain items in telephone bills.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2890.1. The commission shall, on or before July 1, 2001, adopt any additional rules it determines to be necessary to implement the billing safeguards of Section 2890, for the inclusion of noncommunications-related products and services in telephone bills. (Added by Stats. 2000, Ch. 931, Sec. 5. Effective January 1, 2001.)
  130. 2890.2.

    ## 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 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. )

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    Mobile telephony providers must give subscribers a way to get current usage and charge information, and must tell them about that availability when service starts.

    ## 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 2. Customer and Subscriber Services [2881 - 2890.2] ( Article 2 repealed [comm. with Section 2831] and added by Stats. 1982, Ch. 454, Sec. 148. ) ## 2890.2. (a) A provider of mobile telephony services, as defined in Section 224.4, shall provide subscribers with a means by which a subscriber can obtain reasonably current and available information, as determined by the provider, on the subscriber’s calling plan or plans and service usage, including roaming usage and charges. (b) On or before January 1, 2007, a provider of mobile telephony services shall provide subscribers with a means by which a subscriber can obtain reasonably current and available information, as determined by the provider, on the subscriber’s text messaging and Internet usage and charges. (c) Each provider of mobile telephony services shall inform subscribers at the time service is established of the availability of the information described in subdivisions (a) and (b) and how it may be obtained. (Amended by Stats. 2006, Ch. 198, Sec. 19. Effective January 1, 2007.)
  131. 2891.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. )

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    Telephone and telegraph corporations generally may not disclose a residential subscriber’s listed personal information to others without the subscriber’s written consent, subject to stated exceptions.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. ) ## 2891. (a) A telephone or telegraph corporation shall not make available to any other person or corporation, without first obtaining the residential subscriber’s consent, in writing, any of the following information: (1) The subscriber’s personal calling patterns, including any listing of the telephone or other access numbers called by the subscriber, but excluding the identification to the person called of the person calling and the telephone number from which the call was placed, subject to the restrictions in Section 2893, and also excluding billing information concerning the person calling that federal law or regulation requires a telephone corporation to provide to the person called. (2) The residential subscriber’s credit or other personal financial information, except when the corporation is ordered by the commission to provide this information to any electrical, gas, heat, telephone, telegraph, or water corporation, or centralized credit check system, for the purpose of determining the creditworthiness of new utility subscribers. (3) The services that the residential subscriber purchases from the corporation or from independent suppliers of information services who use the corporation’s telephone or telegraph line to provide service to the residential subscriber. (4) Demographic information about individual residential subscribers, or aggregate information from which individual identities and characteristics have not been removed. (b) Any residential subscriber who gives their written consent for the release of one or more of the categories of personal information specified in subdivision (a) shall be informed by the telephone or telegraph corporation regarding the identity of each person or corporation to whom the information has been released, upon written request. The corporation shall notify every residential subscriber of the provisions of this subdivision whenever consent is requested pursuant to this subdivision. (c) Any residential subscriber who has, pursuant to subdivision (b), given written consent for the release of one or more of the categories of personal information specified in subdivision (a) may rescind this consent upon submission of a written notice to the telephone or telegraph corporation. The corporation shall cease to make available any personal information about the subscriber, within 30 days following receipt of the notice given pursuant to this subdivision. (d) This section does not apply to any of the following: (1) Information provided by residential subscribers for inclusion in the corporation’s directory of subscribers. (2) Information customarily provided by the corporation through directory assistance services. (3) Postal ZIP Code information. (4) Information provided under supervision of the commission to a collection agency by the telephone corporation exclusively for the collection of unpaid debts. (5) Information provided to an emergency service agency responding to a 911 telephone call or any other call communicating an imminent threat to life or property. (6) Information provided to a law enforcement agency in response to lawful process. (7) Information that is required by the commission pursuant to its jurisdiction and control over telephone and telegraph corporations. (8) Information transmitted between telephone or telegraph corporations pursuant to the furnishing of telephone service between or within service areas. (9) Information required to be provided by the corporation pursuant to rules and orders of the commission or the Federal Communications Commission regarding the provision over telephone lines by parties other than the telephone and telegraph corporations of telephone or information services. (10) The name and address of the lifeline customers of a telephone corporation provided by that telephone corporation to a public utility for the sole purpose of low-income ratepayer assistance outreach efforts. The telephone corporation receiving the information request pursuant to this paragraph may charge the requesting utility for the cost of the search and release of the requested information. (11) Information provided in response to a request pursuant to subdivision (a) of Section 530.8 of the Penal Code. (e) Every violation of this section is grounds for a civil suit by the aggrieved residential subscriber against the telephone or telegraph corporation and its employees responsible for the violation. (f) For purposes of this section, both of the following definitions apply: (1) “Access number” means a telex, teletex, facsimile, computer modem, or any other code that is used by a residential subscriber of a telephone or telegraph corporation to direct a communication to another subscriber of the same or another telephone or telegraph corporation. (2) “Lawful process” means an action taken pursuant to a court-ordered subpoena or judicial warrant. (Amended by Stats. 2025, Ch. 347, Sec. 2. (AB 1303) Effective January 1, 2026.)
  132. 2891.1.

    ## 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 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. )

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    This section limits when telephone and mobile telephony providers may list or sell subscriber numbers and requires subscriber consent for certain directory 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 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. ) ## 2891.1. (a) Notwithstanding Section 2891, a telephone corporation selling or licensing lists of residential subscribers shall not include the telephone number of any subscriber assigned an unlisted or unpublished access number. A subscriber may waive all or part of the protection provided by this subdivision through written notice to the telephone corporation. (b) Notwithstanding Section 2891, a provider of mobile telephony services, or any direct or indirect affiliate or agent of a provider, providing the name and dialing number of a subscriber for inclusion in any directory of any form, or selling the contents of any directory database, or any portion or segment thereof, shall not include the dialing number of any subscriber without first obtaining the express consent of that subscriber. The express consent shall meet all of the following requirements: (1) It shall be one of the following: (A) A separate document that is signed and dated by the subscriber, and that is not attached to any other document. (B) An affirmative response made on a separate field on an internet website where there is no default. The provider of mobile telephony services shall send a confirmation notice to the subscriber’s electronic mail address, or to a subscriber’s postal mail address if the subscriber does not have an electronic mail account. (2) It shall be unambiguous, legible, and conspicuously disclose that, by opting in, the subscriber is consenting to have the subscriber’s dialing number sold or licensed as part of a list of subscribers and the subscriber’s dialing number may be included in a publicly available directory. (3) If, under the subscriber’s calling plan, the subscriber may be billed for receiving unsolicited calls or text messaging from a telemarketer, the provider’s form shall include an unambiguous and legible disclosure statement that, by consenting to have the subscriber’s dialing number sold or licensed as part of a list of subscribers or included in a publicly available directory, the subscriber may incur additional charges for receiving unsolicited calls or text messages. (c) Nothing in this section prohibits a subscriber of mobile telephony services from voluntarily entering into an agreement for the placement of the subscriber’s name and mobile telephony dialing number in any advertising program if the agreement satisfies the express consent requirements of this section. (d) A subscriber who provides express prior consent pursuant to subdivision (b) may revoke that consent at any time. A provider of mobile telephony services shall comply with the subscriber’s request to opt out within a reasonable period of time, not to exceed 60 days. (e) A subscriber shall not be charged for making the choice to not have their name and mobile telephony dialing number be listed in a publicly available directory assistance database. (f) This section does not apply to the provision of telephone numbers to the following parties for the purposes indicated: (1) To a collection agency, to the extent disclosures made by the agency are supervised by the commission, exclusively for the collection of unpaid debts. (2) (A) To any law enforcement agency, fire protection agency, public health agency, public environmental health agency, city or county emergency services planning agency, or private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, for the sole purpose of responding to a 911 call, communicating an imminent threat to life or property, or testing the systems that respond to 911 calls or communicate threats to life or property. (B) Any information or records provided to a private for-profit agency pursuant to this subdivision shall be held in confidence by that agency and by any individual employed by or associated with that agency. This information or these records shall not be open to examination for any purpose not directly connected with the administration of the services specified in subdivision (e) of Section 2872 or this paragraph. (3) To a lawful process issued under state or federal law. (4) To a telephone corporation providing service between service areas for the provision to the subscriber of telephone service between service areas, or to third parties for the limited purpose of providing billing services. (5) To a telephone corporation to effectuate a customer’s request to transfer the customer’s assigned telephone number from the customer’s existing provider of telecommunications services to a new provider of telecommunications services. (6) To the commission pursuant to its jurisdiction and control over telephone and telegraph corporations. (g) Every deliberate violation of this section is grounds for a civil suit by the aggrieved subscriber against the organization or corporation and its employees responsible for the violation. (h) For purposes of this section, “unpublished or unlisted access number” means a telephone, telex, teletex, facsimile, computer modem, or any other code number that is assigned to a subscriber by a telephone or telegraph corporation for the receipt of communications initiated by other telephone or telegraph customers and that the subscriber has requested that the telephone or telegraph corporation keep in confidence. (i) No telephone corporation, nor any official or employee thereof, shall be subject to criminal or civil liability for the release of customer information as authorized by this section. (Amended by Stats. 2019, Ch. 449, Sec. 1. (AB 1079) Effective January 1, 2020.)
  133. 2891.2.

    ## 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 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. )

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    Telephone subscribers must be told yearly that using an 800 or 900 number may disclose their telephone number to the called party.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. ) ## 2891.2. Telephone subscribers shall be annually notified that use of an “800” or “900” telephone number may result in the disclosure of the subscriber’s telephone number to the called party. The commission shall, by rule or order, impose the responsibility for the notification with the telephone corporation that offers the caller identification service, often known as automatic number identification, in connection with an “800” or “900” service. (Added by Stats. 1993, Ch. 351, Sec. 1. Effective January 1, 1994.)
  134. 28910.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 3. Retirement Board [28910 - 28913] ( Article 3 added by Stats. 1957, Ch. 1056. )

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    The board must create a retirement board with no more than five members, including at least two elected employee representatives, and define its powers, duties, and members’ tenure.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 3. Retirement Board [28910 - 28913] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28910. The board shall create a retirement board of not more than five members, at least two members of which shall be the elected representatives of the employees, to administer the retirement system, and shall define its powers and duties and the tenure of the members. (Added by Stats. 1957, Ch. 1056.)
  135. 28911.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 3. Retirement Board [28910 - 28913] ( Article 3 added by Stats. 1957, Ch. 1056. )

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    All retirement board members must serve without pay.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 3. Retirement Board [28910 - 28913] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28911. All members of the retirement board shall serve without pay. (Added by Stats. 1957, Ch. 1056.)
  136. 28912.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 3. Retirement Board [28910 - 28913] ( Article 3 added by Stats. 1957, Ch. 1056. )

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    The retirement board must decide who is eligible to participate in the retirement system and may change service and disability allowances.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 3. Retirement Board [28910 - 28913] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28912. The retirement board shall determine the eligibility of officers, employees, and their dependents to participation in the system and shall be the sole authority and judge under such ordinances as may be adopted by the board as to the conditions under which persons may be admitted to and continue to receive benefits of any sort under the retirement system, and may modify allowances for service and disability. The determination of the retirement board shall be final and conclusive and shall not be modified or set aside except for fraud or abuse of discretion. (Added by Stats. 1957, Ch. 1056.)
  137. 28913.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 3. Retirement Board [28910 - 28913] ( Article 3 added by Stats. 1957, Ch. 1056. )

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    If the district maintains its own retirement fund, the retirement board has exclusive control over administering, investing, and disbursing that fund.

    ## 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 5. Retirement System [28870 - 28913] ( Chapter 5 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 3. Retirement Board [28910 - 28913] ( Article 3 added by Stats. 1957, Ch. 1056. ) ## 28913. If the district maintains its own retirement fund the retirement board shall have exclusive control of the administration, investment, and disbursement of such fund. Investment of the fund shall be subject to the terms, conditions, limitations, and restrictions imposed by the laws of this State upon savings banks in the making of investments by savings banks, and cash may be deposited in any licensed national bank or banks in this State or in any bank, banks, or corporations authorized or licensed to do a banking business and organized under the laws of this State. (Added by Stats. 1957, Ch. 1056.)
  138. 2892.1.

    ## 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 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. )

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    The commission must open a proceeding about backup electricity for certain telecommunications services and related standards, and it may implement standards only if benefits exceed 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 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. ) ## 2892.1. (a) For purposes of this section, “telecommunications service” means voice communication provided by a telephone corporation as defined in Section 234, voice communication provided by a provider of satellite telephone services, voice communication provided by a provider of mobile telephony service, as defined in Section 224.4, and voice communication provided by a commercially available facilities-based provider of voice communication services utilizing Voice over Internet Protocol or any successor protocol. (b) The commission, in consultation with the Office of Emergency Services, shall open an investigative or other appropriate proceeding to identify the need for telecommunications service systems not on the customer’s premises to have backup electricity to enable telecommunications networks to function and to enable the customer to contact a public safety answering point operator during an electrical outage, to determine performance criteria for backup systems, and to determine whether the best practices recommended by the Network Reliability and Interoperability Council in December 2005, for backup systems have been implemented by telecommunications service providers operating in California. If the commission determines it is in the public interest, the commission shall, consistent with subdivisions (c) and (d), develop and implement performance reliability standards. (c) The commission, in developing any standards pursuant to the proceeding required by subdivision (b), shall consider current best practices and technical feasibility for establishing battery backup requirements. (d) The commission shall not implement standards pursuant to the proceeding required by subdivision (b) unless it determines that the benefits of the standards exceed the costs. (e) The commission shall determine the feasibility of the use of zero greenhouse gas emission fuel cell systems to replace diesel backup power systems. (Amended by Stats. 2020, Ch. 370, Sec. 254. (SB 1371) Effective January 1, 2021.)
  139. 2892.3.

    ## 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 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. )

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    The commission must require mobile telephony service providers to report on customer fraud and give subscribers a fraud-warning notice.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. ) ## 2892.3. (a) The commission shall require providers of mobile telephony service, as defined in Section 224.4, to report to the commission, as specified by the commission, on activities associated with customer fraud. (b) Each report shall include a description of the types of fraud occurring, the amount of revenues that have been uncollectible because of fraud, and the actions undertaken by the mobile telephony service provider to combat fraud. (c) The commission shall require mobile telephony service providers to provide their subscribers with a notice, to be reviewed by the commission, warning subscribers about problems associated with fraud, and informing them about ways to protect against fraud. (Amended by Stats. 2006, Ch. 198, Sec. 21. Effective January 1, 2007.)
  140. 2892.5.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. )

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    A commercial mobile radio service provider may contract with a public safety agency to give that agency’s end users priority over other transmissions.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. ) ## 2892.5. (a) As used in this section “public safety agency” means a “public safety agency” as defined in Section 53102 of the Government Code. (b) A provider of commercial mobile radio service, as defined in Section 216.8, may enter into a contract with a public safety agency to give the transmissions of public safety agency end users of that service priority over the transmissions of other persons or entities. The contract shall comply with applicable federal law. (Amended by Stats. 2006, Ch. 198, Sec. 22. Effective January 1, 2007.)
  141. 2893.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. )

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    The commission must require caller ID services to let callers block their number, except for business numbers used for telemarketing, and telephone corporations may not charge for unlisted or unpublished numbers while the local market is not competitive.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. ) ## 2893. (a) The commission shall, by rule or order, require that every telephone call identification service offered in this state by a telephone corporation, or by any other person or corporation that makes use of the facilities of a telephone corporation, shall allow a caller to withhold display of the caller’s telephone number, on an individual basis, from the telephone instrument of the individual receiving the telephone call placed by the caller. However a caller shall not be allowed to withhold the display of the caller’s business telephone number when that number is being used for telemarketing purposes. (b) There shall be no charge to the caller who requests that his or her telephone number be withheld from the recipient of any call placed by the caller. (c) The commission shall direct every telephone corporation to notify its subscribers that their calls may be identified to a called party either: (1) Thirty or more days before the telephone corporation commences to participate in the offering of a call identification service. (2) By March 1, 1990, if the telephone corporation is participating in a call identification service prior to January 1, 1990. (d) This section does not apply to any of the following: (1) An identification service which is used within the same limited system, including, but not limited to, a Centrex or private branch exchange (PBX) system, as the recipient telephone. (2) An identification service which is used on a public agency’s emergency telephone line or on the line which receives the primary emergency telephone number (911). (3) Any identification service provided in connection with legally sanctioned call tracing or tapping procedures. (4) Any identification service provided in connection with any “800” or “900” access code telephone service until the telephone corporation develops the technical capability to comply with subdivision (a), as determined by the commission. (e) Until the market for local telephone service is competitive, a telephone corporation shall not charge any subscriber for having an unlisted or unpublished telephone number. However, nothing in this subdivision shall be interpreted by the commission to reduce the revenues of telephone corporations. Any actions of the commission pursuant to this subdivision shall be implemented on a competitively neutral basis. This charge shall not be eliminated prior to the effective date upon which offsetting rates are implemented by the commission. (Amended by Stats. 1996, Ch. 675, Sec. 2. Effective January 1, 1997.)
  142. 2893.2.

    ## 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 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. )

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    A caller may not put false government caller ID information into a caller ID system, and a person or entity may not make a call knowing that such information was entered for deceptive or harmful purposes.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. ) ## 2893.2. (a) For purposes of this section, the following terms have the following meanings: (1) “Call” means the initiation of telecommunications service by accessing a number issued pursuant to the North American Numbering Plan, irrespective of whether the call is initiated using a traditional landline over the public switched telephone network, using mobile telephony service, or using interconnected VoIP service network. (2) “Caller” means a person or entity that places a call. (3) “Caller identification information,” “caller identification service,” “information regarding the origination,” and “interconnected VoIP Service” have the same meanings as defined in Section 64.1600 of Title 47 of the Code of Federal Regulations as of January 1, 2019. (4) “Enter” means to input data by whatever means into a computer or telephone system. (5) “False government information” means caller identification information that misrepresents the identity of the caller to the recipient of a call, or to the network itself, by presenting information regarding the origination of the call as being from the federal government, state government, a local government, or any agent thereof. (6) “Federal government” means the United States, or any agency or instrumentality of the United States. (7) “Local government” means any city, city and county, county, public district, public corporation, authority, agency, board, commission, or other public entity in the state. (8) “Phone number” means an access number issued pursuant to the North American Numbering Plan. (9) “Telecommunications” and “telecommunications service” have the same meanings as defined in Section 153 of Title 47 of the United States Code as of January 1, 2019. (b) (1) A caller shall not enter, or cause to be entered, false government information into a caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call. (2) A person or entity may not make a call knowing that false government information was entered into the caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call. (c) This section does not apply to any of the following: (1) The blocking of caller identification information. (2) Any law enforcement agency of the federal government or a state or local government. (3) Any intelligence or security agency of the federal government. (4) A telecommunications, broadband, or interconnected VoIP service provider that is acting solely as an intermediary for the transmission of telecommunications service between the caller and the recipient. (d) Any person or entity that violates this section may be enjoined in any court of competent jurisdiction. (e) (1) Any person or entity that knowingly violates this section shall be subject to a civil penalty of up to ten thousand dollars ($10,000) for each violation. (2) An action to enforce this section may be brought by a city attorney, district attorney, or the Attorney General. (3) If during the investigation of a complaint for possible violation of Article 1 (commencing with Section 2871), the commission determines that a violation of this section may have occurred, the commission shall notify both the district attorney of the county where the call was received and the Attorney General of the potential violation. (4) This section shall apply in addition to any other applicable law prohibiting the same or similar activity. (f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2019, Ch. 452, Sec. 2. (AB 1132) Effective January 1, 2020.)
  143. 2893.5.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. )

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    Telecommunications service providers must implement STIR/SHAKEN or comparable caller-ID authentication technology by January 1, 2021.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. ) ## 2893.5. (a) This section shall be known, and may be cited, as the Consumer Call Protection Act of 2019. (b) On or before January 1, 2021, each telecommunications service provider shall implement Secure Telephony Identity Revisited (STIR) and Secure Handling of Asserted information using toKENs (SHAKEN) protocols or alternative technology that provides comparable or superior capability to verify and authenticate caller identification for calls carried over an internet protocol network. (c) (1) Pursuant to the authority granted to states in Section 227 of Title 47 of the United States Code, the commission and the Attorney General may take all appropriate actions to enforce that section and any regulation promulgated under that section. (2) The commission may, at the request of the Attorney General, work with the Attorney General for the purposes of the enforcement of subdivisions (e) and (g) of Section 227 of Title 47 of the United States Code. (d) A good faith effort to comply with the requirements of subdivision (b) shall be a defense to a claim for violating this section brought pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. (Added by Stats. 2019, Ch. 471, Sec. 2. (SB 208) Effective January 1, 2020.)
  144. 2894.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. )

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    Certain telephone and mobile service providers get a complete defense if they disclose information in good faith compliance with a court warrant, order, or administrative subpoena for law enforcement purposes.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. ) ## 2894. (a) Notwithstanding subdivision (e) of Section 2891, the disclosure of any information by an interexchange telephone corporation, a local exchange telephone corporation, or a provider of commercial mobile radio service, as defined in Section 216.8, in good faith compliance with the terms of a state or federal court warrant or order or administrative subpoena issued at the request of a law enforcement official or other federal, state, or local governmental agency for law enforcement purposes, is a complete defense against any civil action brought under this chapter or any other law, including, but not limited to, Chapter 1.5 (commencing with Section 630) of Part 1 of Title 15 of the Penal Code, for the wrongful disclosure of that information. (b) As used in this section the following terms have the following meanings: (1) “Interexchange telephone corporation” means a telephone corporation that is a long-distance carrier. (2) “Local exchange telephone corporation” means a telephone corporation that provides local exchange services. (Amended by Stats. 2006, Ch. 198, Sec. 23. Effective January 1, 2007.)
  145. 2894.10.

    ## 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 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. )

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    Local exchange telephone corporations must give residential customers annual information about privacy rights under state and federal law regarding telephone solicitations.

    ## 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 3. Customer Right of Privacy [2891 - 2894.10] ( Article 3 added by Stats. 1986, Ch. 821, Sec. 2. ) ## 2894.10. (a) The Legislature finds and declares that a number of federal and state laws have been enacted to protect residential telephone subscribers’ privacy rights with respect to telephone solicitations. Various governmental agencies publish information that generally describes telephone subscribers’ rights under these laws. Examples of publications include the Federal Trade Commission’s brochure, “Straight Talk About Telemarketing,” and the Federal Communications Commission’s publication, “Consumer News, What You Can Do About Unsolicited Telephone Marketing Calls and Faxes.” The Legislature intends that telephone subscribers be provided with information regarding their privacy rights, under state and federal law, with respect to telephone solicitations. (b) Every local exchange telephone corporation shall provide its residential customers with information regarding state and federal laws that protect the privacy rights of residential telephone subscribers with respect to telephone solicitations by providing on an annual basis one or more of the following items of information in the billing statement of each residential customer and in conspicuous notices in the consumer information pages of the local telephone directories distributed by that telephone corporation: (1) A copy of a publication prepared by the Department of Consumer Affairs, the Public Utilities Commission, the Federal Trade Commission, or any other federal or state governmental agency that generally describes telephone subscribers’ privacy rights, under state and federal laws, with respect to telephone solicitations. (2) A list of the titles of the publications identified in paragraph (1) and information on how to obtain those publications. (c) A provider of local exchange service shall not be subject to any penalties if the provider makes a good faith effort to provide or identify the publications described in subdivision (b). (Added by Stats. 1998, Ch. 473, Sec. 2. Effective January 1, 1999.)
  146. 2895.

    ## 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 4. Telecommunication Services [2895 - 2899] ( Article 4 added by Stats. 1993, Ch. 1233, Sec. 2. )

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    This section names the article the Telecommunications Customer Service Act of 1993 and says it may be cited by that name.

    ## 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 4. Telecommunication Services [2895 - 2899] ( Article 4 added by Stats. 1993, Ch. 1233, Sec. 2. ) ## 2895. This article shall be known and may be cited as the Telecommunications Customer Service Act of 1993. (Added by Stats. 1993, Ch. 1233, Sec. 2. Effective January 1, 1994.)
  147. 28950.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    The district has perpetual succession and may adopt and change a seal.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28950. The district has perpetual succession and may adopt a seal and alter it at pleasure. (Added by Stats. 1957, Ch. 1056.)
  148. 28951.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. )

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

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28951. The district may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (Added by Stats. 1957, Ch. 1056.)
  149. 28952.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    The district may levy and collect taxes, or have them collected, for any lawful purpose under Chapter 7.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28952. The district may levy, and collect or cause to be collected, taxes for any lawful purpose, as provided in Chapter 7 of this part. (Added by Stats. 1957, Ch. 1056.)
  150. 28953.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    The district may use eminent domain to take property needed or useful for its powers, and it must pay certain relocation-related costs for public utility property that must be moved.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28953. The district may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this part. The district, in exercising such power, shall in addition to the damage for the taking, injury, or destruction of property, also pay the cost, exclusive of betterment and with credit for salvage value, of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables or poles of any public utility which is required to be moved to a new location. (Amended by Stats. 1975, Ch. 1176.)
  151. 28955.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    The Public Utilities Commission can set just compensation for utility property taken in district eminent domain cases, and the district may choose to bring and continue those proceedings before the Commission or the superior court.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28955. The Public Utilities Commission of the State shall have and exercise power and jurisdiction to fix just compensation to be paid for the taking of any property of a public utility in eminent domain proceedings brought by the district. The district may commence and maintain such eminent domain proceedings in the Public Utilities Commission or the superior court at its option. (Added by Stats. 1957, Ch. 1056.)
  152. 28956.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    The district is entitled to benefit from certain reservations or grants tied to rights to build or maintain roads, highways, or other crossings over public or private lands.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28956. The district is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to the State or any agency or political subdivision thereof or any public corporation to construct or maintain roads, highways or other crossings over any public or private lands. (Added by Stats. 1957, Ch. 1056.)
  153. 28957.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    The district may merge or consolidate with another public agency if the board sets the terms in a resolution and the district’s electors approve it.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28957. The district may be merged into or consolidated with any other public agency which may be established by law upon such terms as the board of directors shall specify in a resolution to be submitted to the electors of the district for approval in the manner provided in Sections 29540 to 29545, inclusive, of this part insofar as possible. The resolution authorizing consolidation or merger shall not take effect unless and until a majority of the votes cast are in favor of the proposed merger or consolidation. In the event of merger or consolidation, the surviving entity or the consolidated entity shall succeed to all the powers, duties, purposes, responsibilities, liabilities, and jurisdiction now or hereafter vested by law in the district. (Added by Stats. 1957, Ch. 1056.)
  154. 28958.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    The board may temporarily transfer cash between funds, except money reserved for debt payments, and may revise or transfer funds within an adopted budget.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28958. The board may authorize the temporary transfer of cash balances in any fund (except moneys in any fund which the district is required to set aside for the payment of bonds, notes or other evidence of indebtedness and the interest thereon) to any other fund; and the amount so transferred shall be repaid as soon as moneys are available in the fund to which such transfer has been made. Transfers of funds within, or revision of, a budget adopted by the district, whether before or after the incurring of a bonded indebtedness, may be made by appropriate act of the board at a regular or special meeting. (Amended by Stats. 1967, Ch. 1518.)
  155. 28959.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. )

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    Commercial outdoor advertising signs on San Francisco Bay Area Rapid Transit District property must comply with the city or county zoning rules where the signs are located.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 1. Corporate Power [28950 - 28959] ( Article 1 added by Stats. 1957, Ch. 1056. ) ## 28959. Notwithstanding Sections 53090 and 53091 of the Government Code, commercial outdoor advertising signs located on property of the San Francisco Bay Area Rapid Transit District shall be in conformance with the zoning regulations and ordinances of the city or county in which the signs are located. (Added by Stats. 1971, Ch. 1618.)
  156. 2896.

    ## 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 4. Telecommunication Services [2895 - 2899] ( Article 4 added by Stats. 1993, Ch. 1233, Sec. 2. )

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    Telephone corporations must provide customer service to telecommunication customers, including service information, access to a live operator by dialing 0, reasonable statewide service quality standards, and complaint-process information.

    ## 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 4. Telecommunication Services [2895 - 2899] ( Article 4 added by Stats. 1993, Ch. 1233, Sec. 2. ) ## 2896. The commission shall require telephone corporations to provide customer service to telecommunication customers that includes, but is not limited to, all the following: (a) Sufficient information upon which to make informed choices among telecommunications services and providers. This includes, but is not limited to, information regarding the provider’s identity, service options, pricing, and terms and conditions of service. A provider need only provide information to its customers on the services which it offers. (b) Ability to access a live operator by dialing the numeral “0” as an available, free option. The commission may authorize rates and charges for any operator assistance service provided subsequent to access. (c) Reasonable statewide service quality standards, including, but not limited to, standards regarding network technical quality, customer service, installation, repair, and billing. (d) Information concerning the regulatory process and how customers can participate in that process, including the process of resolving complaints. (Added by Stats. 1993, Ch. 1233, Sec. 2. Effective January 1, 1994.)
  157. 2896.1.

    ## 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 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 4. Telecommunication Services [2895 - 2899] ( Article 4 added by Stats. 1993, Ch. 1233, Sec. 2. )

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    Commercial mobile radio service providers must give end users access to 911 emergency systems and must not charge for 911 calls.

    ## 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 4. Telecommunication Services [2895 - 2899] ( Article 4 added by Stats. 1993, Ch. 1233, Sec. 2. ) ## 2896.1. A provider of commercial mobile radio service, as defined in Section 216.8, shall provide access for end users of that service to the local emergency telephone systems described in the Warren-911-Emergency Assistance Act (Article 6 (commencing with Section 53100) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code). “911” shall be the primary access number for those emergency systems. A provider of commercial mobile radio service, in accordance with all applicable Federal Communication Commission orders, shall transmit all “911” calls from technologically compatible commercial mobile radio service communication devices without requiring user validation or any similar procedure. A provider of commercial mobile radio service may not charge any airtime, access, or similar usage charge for any “911” call placed from a commercial mobile radio service telecommunications device to a local emergency telephone system. (Added by Stats. 2016, Ch. 241, Sec. 3. (AB 1564) Effective January 1, 2017.)
  158. 2897.

    ## 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 4. Telecommunication Services [2895 - 2899] ( Article 4 added by Stats. 1993, Ch. 1233, Sec. 2. )

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    The commission must apply these policies to all telecommunications service providers in California, and it may supplement those policies.

    ## 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 4. Telecommunication Services [2895 - 2899] ( Article 4 added by Stats. 1993, Ch. 1233, Sec. 2. ) ## 2897. Consistent with other provisions of this code, orders, rules, and applicable tariffs of telecommunications service providers, the commission shall apply these policies to all providers of telecommunications services in California. These policies are not exclusive and may be supplemented by the commission. (Added by Stats. 1993, Ch. 1233, Sec. 2. Effective January 1, 1994.)
  159. 28970.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Contracts [28970 - 28975] ( Article 2 added by Stats. 1957, Ch. 1056. )

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    The district may make contracts and enter into stipulations, including for eminent domain matters, indemnity, labor, and other acts needed to exercise its powers.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Contracts [28970 - 28975] ( Article 2 added by Stats. 1957, Ch. 1056. ) ## 28970. The district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, without limiting the generality of the foregoing, contracts and stipulations to indemnify and save harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this part. (Added by Stats. 1957, Ch. 1056.)
  160. 28971.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Contracts [28970 - 28975] ( Article 2 added by Stats. 1957, Ch. 1056. )

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    The district may contract with U.S., California, or public or private entities if the directors decide the terms are in the district’s best interests.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Contracts [28970 - 28975] ( Article 2 added by Stats. 1957, Ch. 1056. ) ## 28971. The district may contract with any department or agency of the United States of America or of the State of California or with any public or private corporation upon such terms and conditions as the directors find is for the best interests of the district. (Added by Stats. 1957, Ch. 1056.)
  161. 28973.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Contracts [28970 - 28975] ( Article 2 added by Stats. 1957, Ch. 1056. )

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    The district may insure against accidents or destruction affecting the system or any part of it.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Contracts [28970 - 28975] ( Article 2 added by Stats. 1957, Ch. 1056. ) ## 28973. The district may insure against any accident to or destruction of the system or any part thereof. (Added by Stats. 1957, Ch. 1056.)
  162. 28974.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Contracts [28970 - 28975] ( Article 2 added by Stats. 1957, Ch. 1056. )

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    The district may insure against loss of revenues.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Contracts [28970 - 28975] ( Article 2 added by Stats. 1957, Ch. 1056. ) ## 28974. The district may insure against loss of revenues from any cause whatsoever. (Added by Stats. 1957, Ch. 1056.)
  163. 28975.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Contracts [28970 - 28975] ( Article 2 added by Stats. 1957, Ch. 1056. )

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    The district may buy insurance for public liability or property damage, and may include insurance terms and premium payments in bond proceedings.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 2. Contracts [28970 - 28975] ( Article 2 added by Stats. 1957, Ch. 1056. ) ## 28975. The district may insure against public liability or property damage, or both. It may provide in the proceedings authorizing the issuance of any bonds for the carrying of such or any other insurance, in such amount and of such character as may be specified, and for the payment of the premiums thereon. (Added by Stats. 1957, Ch. 1056.)
  164. 2898.

    ## 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 4. Telecommunication Services [2895 - 2899] ( Article 4 added by Stats. 1993, Ch. 1233, Sec. 2. )

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    A mobile internet service provider must not impair or degrade a first response agency’s identified account during an emergency request, except for reasonable network management. The agency may request this protection, must identify the account and lines, and must notify the provider when emergency use 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 4. Telecommunication Services [2895 - 2899] ( Article 4 added by Stats. 1993, Ch. 1233, Sec. 2. ) ## 2898. (a) Notwithstanding any other provision of this part, upon receiving a request pursuant to subdivision (b), the mobile internet service provider shall not impair or degrade the lawful internet traffic of a first response agency’s identified account until the earlier of either the time when the account is no longer being used by the agency in response to the emergency or the end of the emergency, subject to reasonable network management. (b) (1) A first response agency may submit a request to a mobile internet service provider to not impair or degrade the lawful internet traffic of an account used by the agency in response to an emergency. As part of the request, the first response agency shall identify the account number and lines for the mobile internet service provider. (2) A first response agency that submits a request pursuant to paragraph (1) shall notify the mobile internet service provider upon the account no longer being used by the agency in response to the emergency. (c) For purposes of this section, the following definitions apply: (1) “Emergency” means the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, or the territorial limits of a county, city and county, or city, caused by a fire, flood, storm, riot, cyberterrorism, sudden and severe energy shortage, Governor’s warning of an earthquake or volcanic prediction, earthquake, or other similar condition. (2) “First response agencies” has the same meaning as defined in Section 8592.1 of the Government Code, and shall include fire districts. (3) “Mobile internet service provider” has the same meaning as defined in Section 3100 of the Civil Code. (4) “Reasonable network management” has the same meaning as defined in Section 3100 of the Civil Code. (Amended by Stats. 2020, Ch. 370, Sec. 255. (SB 1371) Effective January 1, 2021.)
  165. 2899.

    ## 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 4. Telecommunication Services [2895 - 2899] ( Article 4 added by Stats. 1993, Ch. 1233, Sec. 2. )

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    The commission must set service quality standards for incarcerated persons calling services, and providers serving state or local correctional or detention facilities must follow them.

    ## 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 4. Telecommunication Services [2895 - 2899] ( Article 4 added by Stats. 1993, Ch. 1233, Sec. 2. ) ## 2899. (a) For purposes of this section, “incarcerated persons calling services” means communication services rendered to incarcerated persons, including, but not limited to, voice communications. (b) The commission shall establish service quality standards for incarcerated persons calling services to be adhered to by communication service providers rendering services to state or local correctional or detention facilities. (Added by Stats. 2022, Ch. 827, Sec. 3. (SB 1008) Effective January 1, 2023.)
  166. 2901.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 3. SURRENDER OF MUNICIPAL CONTROL [2901 - 2976] ( Part 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Surrender of Control by Municipal Corporations [2901 - 2976] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. General Provisions and Definitions [2901 - 2907] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A municipal corporation may keep or give up to the commission the powers it has to supervise and regulate public utilities and their customers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 3. SURRENDER OF MUNICIPAL CONTROL [2901 - 2976] ( Part 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Surrender of Control by Municipal Corporations [2901 - 2976] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. General Provisions and Definitions [2901 - 2907] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 2901. Any municipal corporation may retain or surrender to the commission the powers of control vested in it to supervise and regulate the relationship between any one or more classes of public utilities, and their present or prospective customers, consumers, or patrons, and, if it has retained such powers over any class of public utilities, may thereafter surrender such powers to the commission. (Enacted by Stats. 1951, Ch. 764.)
  167. 29010.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. )

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    The district may acquire and hold property needed for its powers, and the board may lease, mortgage, sell, or otherwise dispose of district property if it is in the district’s best interests.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 29010. The district may take by grant, purchase, gift, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and personal property of every kind within or without the district necessary to the full or convenient exercise of its powers. The board may lease, mortgage, sell, or otherwise dispose of any real or personal property within or without the district when in its judgment it is for the best interests of the district so to do. (Added by Stats. 1957, Ch. 1056.)
  168. 29010.1.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. )

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    This section defines several TOD-related terms for BART transit-oriented development projects and says the section is repealed on January 1, 2029.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 29010.1. (a) For purposes of this article, the following definitions shall apply: (1) “BART TOD place type” means the place type described in Table 1 and Figure 1 of the BART Transit-Oriented Development Guidelines (2017), as updated by the district. (2) “Eligible TOD project” means a TOD project that meets all of the following requirements: (A) The parcel or parcels on which the TOD project would be located is an infill site, as defined in Section 21061.3 of the Public Resources Code. (B) The parcel or parcels on which the TOD project would be located was not acquired through eminent domain on or after July 1, 2018. (C) The parcel or parcels on which the TOD project would be located forms a contiguous area of at least 0.25 acres, has at least 75 percent of its area located within one-half mile of an existing or planned district station entrance, and is located within an area represented on the board. (D) The parcel or parcels on which the TOD project would be located is owned by the district. (E) For a TOD project relating to a district station that existed on July 1, 2018, the TOD zoning standards and Section 29010.7 shall apply only to a parcel that is owned by the district on that date. (F) For a TOD project relating to a planned district station, the district station has been approved by an ordinance or resolution adopted by the legislative body of the local jurisdiction with local land use zoning jurisdiction over the area in which the station is located. (3) “Floor area ratio” means the ratio of gross building area of the development, excluding structured parking areas, proposed for the project, divided by the total area of the parcel or parcels used by the project, where “gross building area” means the sum of all finished areas of all floors of a building included within the outside faces of its exterior walls. (4) “Local jurisdiction” means a city, including a charter city, a county, or a city and county. (5) “Planned district station” means a station that has completed the California Environmental Quality Act review and for which construction is more than 75 percent funded. (6) “Station entrance” means the entry point into an enclosed station structure, or, where that point is not clear or does not exist, the station fare gates. (7) “TOD” means transit-oriented development. (8) “TOD project” means any residential or commercial development project, comprised of one or more buildings, wholly or partially on district land with 50 percent of the floor area of the project dedicated to residential uses, unless a locally adopted specific plan provides for a different percentage, or other metric, of residential uses on district-owned parcels. If a locally adopted specific plan establishes a lower minimum residential use requirement for district-owned land, the specific plan metric shall serve as the minimum residential requirement. (9) “TOD project area” means the parcel or parcels of land on which a TOD project is situated. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2018, Ch. 1000, Sec. 2. (AB 2923) Effective January 1, 2019. Repealed as of January 1, 2029, by its own provisions.)
  169. 29010.10.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. )

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    An exclusive negotiating agreement with a developer for an eligible TOD project gives the developer a vested right to proceed in substantial compliance with specified sections, or with those sections as they existed when the agreement was made if any are later repealed.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 29010.10. (a) When the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, that agreement shall confer a vested right to proceed with development in substantial compliance with the provisions of Sections 29010.6, 29010.7, 29010.8, and 29010.9. However, if Section 29010.6, 29010.7, 29010.8, or 29010.9 is repealed, that agreement shall confer a vested right to proceed with the eligible TOD project in substantial compliance with those provisions in effect at the time the agreement was entered into. (b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by Stats. 2018, Ch. 1000, Sec. 7. (AB 2923) Effective January 1, 2019. Repealed as of January 1, 2031, by its own provisions.)
  170. 29010.11.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. )

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    The district must submit a report to the Legislature by July 1, 2027, and the section is repealed on January 1, 2031.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 29010.11. (a) Before July 1, 2027, the district shall submit a report to the Legislature assessing whether the provisions of this chapter effectively accelerate, and improve the quality of, TOD at district stations. (b) The report shall include all of the following: (1) The average time to deliver TOD projects begun before January 1, 2019, and after January 1, 2019. (2) A summary of the data on travel behavior and choices for TOD residents and workers. (3) A summary of the housing affordability in district TOD projects begun after January 1, 2019. (4) A summary of which TOD projects were delivered pursuant to a streamlined approval process and delivered pursuant to a discretionary approval process. (5) A cost comparison of discretionary and ministerial TOD projects. (6) Other factors the district determines to be pertinent to the Legislature’s consideration of whether to extend the sunset dates applicable to this chapter. (c) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031. (Added by Stats. 2018, Ch. 1000, Sec. 8. (AB 2923) Effective January 1, 2019. Repealed as of January 1, 2031, by its own provisions.)
  171. 29010.12.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. )

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    This section limits when the article applies to certain district stations, but it does not restrict a developer’s ability to seek a density bonus.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 29010.12. (a) This article shall not apply to a district station without unentitled or undeveloped land on July 1, 2018, unless that station entitlement expires. For this purpose, “undeveloped land” includes, but is not limited to, surface parking. (b) This article shall not preclude or limit the ability of a developer to seek, or the application of, a density bonus, including concessions and incentives from a local government pursuant to Section 65915 of the Government Code. (c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2018, Ch. 1000, Sec. 9. (AB 2923) Effective January 1, 2019. Repealed as of January 1, 2029, by its own provisions.)
  172. 29010.3.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. )

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    The district may acquire, transfer, and hold certain property for qualifying transit-oriented joint development projects, and those projects must follow local land use and zoning rules.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 29010.3. (a) The district may take by gift, or take or convey by grant, purchase, devise, or lease, and hold and enjoy, real and personal property of every kind within or without the district necessary for, incidental to, or convenient for, transit-oriented joint development projects that meet the definition and requirement set forth in subdivision (b). (b) (1) For purposes of this section, a transit-oriented joint development project is a commercial, residential, or mixed-use development that is undertaken in connection with existing, planned, or proposed transit facilities and is located one-half mile or less from the external boundaries of that facility. (2) Any transit-oriented joint development project created under this section shall comply with the land use and zoning regulations of the city, county, or city and county in which the project is located. (c) Notwithstanding Section 29036 or any other provision of law, the authority granted under this section is subject to the land use and zoning regulations of the city, county, or city and county jurisdiction in which the transit-oriented joint development is located, in accordance with the Planning and Zoning Law (Title 7 (commencing with Section 65000) of the Government Code), relating to zoning. (Amended by Stats. 2017, Ch. 100, Sec. 1. (SB 680) Effective January 1, 2018.)
  173. 29010.5.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. )

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    When a district transfers certain private-owner-acquired real property to a school district, the city or county where the land is located keeps zoning and permit powers.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 29010.5. Notwithstanding Sections 53091 and 53094 of the Government Code, nor any zoning override which may have been previously exercised pursuant thereto by a school district, whenever the district leases or has leased, mortgages or has mortgaged, sells or has sold, or otherwise disposes or has disposed of real property to the school district which was acquired from private owners, the city, whether general law or charter, in which such land is located, or county, in unincorporated areas, shall retain zoning and permit powers. (Added by Stats. 1977, Ch. 684.)
  174. 29010.6.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. )

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    BART’s board must adopt TOD zoning standards for each station, with specific limits on height, density, parking, and floor area ratio, and local jurisdictions must conform their zoning when it conflicts.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 29010.6. (a) (1) Notwithstanding any other law, the San Francisco Bay Area Rapid Transit District (BART) board of directors shall, consistent with Section 28793, adopt by ordinance TOD zoning standards for each station that establish minimum local zoning requirements for height, density, parking, and floor area ratio only, that apply to an eligible TOD project. (2) Adopted TOD zoning standards shall establish, for each district station, the lowest permissible limit for height, density, and floor area ratio, and the highest permissible parking minimums and maximums. The zoning standards published in Table 1 and Figure 1 of the BART TOD Guidelines (2017) shall serve as the minimum allowable density and height limits, and the highest allowable parking limits to which the board is required to adhere in adopting TOD zoning standards. The board shall not establish floor-area-ratio limits in the TOD zoning standards for each station type less than the number in the column titled “residential target height” multiplied by 0.6. (3) The TOD zoning standards adopted by the board for each station shall not assign a lowest permissible height limit taller than the larger of the following two heights: (A) The “highest approved height” as defined in subparagraph (A) of paragraph (1) of subdivision (a) of Section 29010.7. (B) One hundred fifty percent of the target height in the zoning standards published in Figure 1 of the BART TOD Guidelines (2017). (4) (A) TOD zoning standards shall be adopted by July 1, 2020, and may be amended thereafter pursuant to this section. (B) (i) If the board, for any reason, does not adopt new standards for a station by July 1, 2020, Table 1 of BART TOD Guidelines (2017) shall serve as the TOD zoning standards, with the Transit Oriented Place Types identified in Figure 1 of the BART TOD Guidelines (2017), until that time when the board adopts new TOD zoning standards for that station. (ii) In the case that Table 1 of the BART TOD Guidelines (2017) serves as the TOD zoning standards for any stations, the minimum allowable floor-area-ratio limit shall be calculated for each station type by multiplying the number in the column titled “residential target height” by 0.6. (5) The district is not required to establish TOD zoning standards for a station where, according to the district’s assessment, it would be impractical to develop an eligible TOD project greater than one-half acre. (6) The TOD zoning standards adopted by the board for each station shall reflect the diversity of the different communities served by the district’s stations. (b) The adoption of, and amendments to, the TOD zoning standards shall comply with all of the following: (1) The district shall hold a public hearing to receive public comment on the proposed TOD zoning standards or proposed changes to the TOD zoning standards. The district shall conduct direct outreach to relevant local jurisdictions and to communities of concern around each station. Before or during the scoping meeting, the district shall meet with each jurisdiction in which the station is located, as well as any relevant infrastructure agencies. The consultation required pursuant to this section shall include all of the following: (A) A review of the housing needs of the jurisdiction. (B) A review of the TOD approved and built in the past year in the jurisdiction. (C) A review of any TOD projects proposed by the district in the jurisdiction for the past year. (D) A discussion of any obstacles to development of any project proposed by the district. (2) Not less than 30 days before a public hearing of the board to consider the TOD zoning standards, the district shall provide public notice and make the draft standards available to the public. (3) The board shall adopt or reject any proposed TOD zoning standards at a publicly noticed meeting of the board not less than 30 days following the original public hearing. (c) Before or at the same time as adopting the TOD zoning standards, the board shall approve travel demand management requirements for TOD projects on district-owned real property, which shall be consistent with district station access, district sustainability, and district TOD policy goals. (d) (1) Where local zoning is inconsistent with the TOD zoning standards for a station, the local jurisdiction shall adopt a local zoning ordinance that conforms to the TOD zoning standards and is operative within two years of the date that the TOD zoning standards are adopted by the board for a station, or by July 1, 2022, if the board has not adopted TOD zoning standards for the station. (2) The district shall make a finding as to whether the local zoning ordinance conforms to the TOD zoning standards. Local zoning shall remain in place unless the district determines that it does not conform to the TOD zoning standards. If, according to the district’s finding, the local zoning ordinance does not conform to the TOD zoning standards after July 1, 2022, the TOD zoning standards shall become the local zoning for any district-owned parcels that are at least 75 percent within one-half mile of any existing or planned district station entrance in areas represented on the board. For each station, a local jurisdiction may update zoning for district-owned land to comply with TOD zoning standards until the time that the district enters into an exclusive negotiating agreement with a developer for an eligible TOD project. (3) If a local jurisdiction is in review under the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) of proposed zoning, or engaged in a lawsuit related to zoning adoption, but has not completed the adoption of those zoning standards by the time the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, the district shall, to the extent it has the authority, take into consideration the local jurisdiction’s proposed zoning standards in negotiating the district’s development agreement with any potential eligible TOD project developer. (4) In cases where a local jurisdiction’s zoning for district-owned land within one-half mile of a district station, approved as of July 1, 2018, is within 10 percent of the height and floor-area-ratio standards established in Table 1 and Figure 1 of the BART TOD Guidelines (2017) and values calculated by clause (ii) of subparagraph (B) of paragraph (4) of subdivision (a) the local jurisdiction shall be exempt from the application of the TOD zoning standards for that station. In this case, the parking requirements shall be set as the parking minimum and maximum established in Table 1 and Figure 1 of the BART TOD Guidelines (2017). (e) (1) The district’s approval of TOD zoning standards shall be subject to CEQA review. The district shall serve as the lead agency for CEQA review for the TOD zoning standards. (2) Any subsequent CEQA review of rezoning to conform with TOD zoning standards, and of eligible TOD projects proposed on district-owned land, shall incorporate the environmental review document certified for the TOD zoning standards consistent with Section 21094 of the Public Resources Code. A public agency shall not prepare an environmental impact report or mitigated negative declaration for rezoning pursuant to paragraph (2) of subdivision (d) to implement TOD zoning standards or for a TOD project subsequent to the district’s certification of an environmental review document for approval of TOD zoning standards unless the public agency finds, based on substantial evidence, that the rezoning or TOD project creates a significant effect on the environment that was not analyzed in the prior environmental review document, and mitigated or avoided. (f) In the event that the TOD zoning standards, objective planning standards, general plan, or design review standards are mutually inconsistent, the TOD zoning standards shall be the controlling standards. To the extent that the zoning standards do not resolve inconsistencies, the general plan shall be the controlling standard. (g) The district shall establish, and amend as necessary, a parking replacement policy, consistent with the district’s practice at auto-dependent stations and the district’s station access policy, with specific provisions to ensure that, after the construction of the eligible TOD project, auto-dependent stations are still accessible by private automobile. The policy shall specifically consider the parking replacement needs for auto-dependent end-of-the-line stations. (h) For any station where district commuter parking is reduced as a result of a TOD project on land where TOD zoning standards apply, the district shall develop and fund an access plan that maintains station access for at least the number of customers affected by the reduced number of commuter parking spaces, which shall include specific consideration for customers who live further than one-half mile from the station. (i) Local jurisdictions shall not do either of the following: (1) Require that parking, as part of an eligible TOD project, be associated with any specific use, residential unit, business, or portion of the TOD project. (2) Prohibit parking from being sold, rented, or otherwise assigned separately from other parts of the eligible TOD project. (j) Zoning in effect as a result of this section shall be considered the same as locally approved zoning for all purposes, including the density bonus law and the Housing Accountability Act. (k) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2018, Ch. 1000, Sec. 3. (AB 2923) Effective January 1, 2019. Repealed as of January 1, 2029, by its own provisions.)
  175. 29010.7.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. )

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    This section limits when an eligible TOD project qualifies for streamlined approval, allows certain developers to apply for streamlining or density bonus treatment, requires the district and TOD developers to follow local design standards in specified circumstances, and expires on January 1, 2029.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 29010.7. (a) (1) This section shall only apply to an eligible TOD project that meets both of the following requirements: (A) Has a height less than or equal to one story, or 15 feet, above the highest approved height for mixed use or residential use within a half-mile of a district station parcel or entrance on July 1, 2018, where “highest approved height” means the tallest height, including heights that require conditional approval, allowable pursuant to zoning, including the municipal code and any specific or area plan that covers the district station property. (B) Has a floor area ratio equal to or less than 0.6 times the number of stories that satisfies subparagraph (A). (2) (A) If local zoning standards allow for taller heights or larger floor area ratios than the requirements in paragraph (1), this section shall apply to any project that meets the requirements of the local zoning standards. (B) Subparagraph (A) shall not apply to local zoning standards adopted for the purpose of complying with paragraph (1) of subdivision (d) of Section 29010.6 or to BART TOD standards that have become the local zoning pursuant to paragraph (2) of subdivision (d) of Section 29010.6. (3) This section shall not apply to a project where the local jurisdiction finds that the project will cause a specific adverse impact to public health and safety as described in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. (b) (1) A developer in an exclusive negotiating agreement with the district may submit an application for a development that is subject to the streamlined, ministerial approval process not subject to a conditional use permit as specified in Section 65913.4 of the Government Code. (2) An eligible TOD project that meets the requirements in subdivision (a) shall not be required to comply with the objective planning standards in subdivision (a) of Section 65913.4 of the Government Code to be eligible for the streamlined, ministerial approval process, except as otherwise provided in this article. (c) A developer of an eligible TOD project may apply for density bonus pursuant to Section 65915 of the Government Code. For purposes of an application submitted pursuant to subdivision (b), “maximum allowable gross residential density,” as that term is used in Section 65915 of the Government Code, includes the highest approved height, as defined in subparagraph (A) of paragraph (1) of subdivision (a), and the floor area ratio requirement described in subparagraph (B) of paragraph (1) of subdivision (a). A project that meets the requirements of paragraph (1) of subdivision (a) before the addition of any height increases, density increases, waivers, or concessions awarded through a density bonus shall remain eligible for streamlining under this section after the addition of a density bonus. (d) (1) The district shall ensure any otherwise applicable local design standards, insofar as those standards do not prohibit the minimum height, minimum density, minimum floor area ratio, and maximum parking allowances required by the TOD zoning standards, are included as general guidance to the TOD developer. (2) A TOD developer shall adhere to any applicable local design standards insofar as those standards do not prohibit the minimum height, minimum density, minimum floor area ratio, and maximum parking allowances required by the TOD zoning standards. (e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2018, Ch. 1000, Sec. 4. (AB 2923) Effective January 1, 2019. Repealed as of January 1, 2029, by its own provisions.)
  176. 29010.8.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. )

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    The district must impose affordable-housing protections and reporting rules for eligible TOD projects, including replacement housing, relocation assistance, affordability restrictions, and minimum affordable-unit percentages.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 29010.8. (a) The district shall do all of the following to avoid the loss of affordable housing units and to prevent the direct displacement of tenants: (1) Require that any eligible TOD project that involves the demolition of any of the following types of housing, within five years from the date of approval of the development agreement, shall be subject to a policy that requires the replacement of all of those housing units to the same or lower income levels: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents or sales prices to levels affordable, as defined in Section 50052.5 or 50053 of the Health and Safety Code, to persons and families of moderate, lower, or very low income, as defined in Section 50079.5, 50093, or 50105 of the Health and Safety Code, respectively. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (C) Housing that had been occupied by tenants within five years from the date of approval of the development agreement by a primary tenant who was low income and did not leave voluntarily. (2) As a condition of any development on a parcel within an eligible TOD project area, replacement housing units for those described in paragraph (1) shall be subject to recorded affordability restrictions. In the case of the demolition of a rental unit, a replacement unit shall be a rental unit with restrictions for at least 55 years, with a rent level set at the same level as the previous restrictions or, if no rent restrictions were in place, at rent affordable, as defined in Section 50053 of the Health and Safety Code, to the tenant who most recently occupied the unit, or, if the income level of the most recent tenant cannot be determined, at rent affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code. (3) Prohibit the demolition of any unit occupied by lower income tenants unless the district or the TOD developer has offered, in writing, the tenant a commensurate or better replacement affordable housing unit that is available for occupancy by the displaced tenant within one-half mile of the same district station at a rent that does not exceed the tenant’s previous rent. (4) Require that new units shall not be occupied sooner than the date that replacement affordable housing units are available to all eligible tenants that wish to be moved into replacement units pursuant to paragraph (3). (5) Provide relocation assistance to lower income tenants directly displaced from housing units by an eligible TOD project pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. (6) Develop a strategy, in coordination with local jurisdictions, to do both of the following: (A) Increase affordable housing options and incentivize tenant protections for very low and low-income residents within and around an eligible TOD project area, particularly in communities of concern, as defined in MTC’s regional transportation plan, where there is potential for residential displacement due to changing market and development conditions. The strategy should specifically address mitigations for the direct and indirect impacts from the demolition of any existing housing units. (B) Deliver housing for essential workers within and around TOD projects, especially for very low, low-, and moderate-income workers. (b) An eligible TOD project shall do both of the following: (1) (A) Where housing is proposed, restrict at least 20 percent of the residential housing units for occupancy by very low and low-income households and subject to a recorded affordability restriction for at least 55 years in the case of rental units and 45 years in the case of owner-occupied units, in addition to the replacement affordable housing units described in paragraph (3) of subdivision (a), with a priority on residential units for very low and low-income households. (B) If a local jurisdiction’s inclusionary housing requirement mandates a higher percentage of affordable units or a deeper level of affordability than that described in subparagraph (A), then that jurisdiction’s affordability percentage requirements shall apply in place of the requirements in subparagraph (A). (C) The district shall develop and implement an approach to evaluating affordable housing proposals that will consider a proposal’s quantity and depth of affordability, and the proposal’s validity and feasibility with respect to the requirements of this section. (2) Comply with the labor requirements of Section 65913.4 of the Government Code and any other applicable district labor policies, including the district’s policy of requiring project stabilization agreements pursuant to district Resolution 5182 (November 17, 2011), In the Matter of a Policy Requiring Project Stabilization Agreements (PSA) with Local Hire Provisions on Transit-Oriented Development (TOD) Projects. (c) On district-owned land within the district’s boundaries, the district shall ensure that a total of 30 percent of housing units are affordable, with priority given to very low and low-income households. The district shall submit a biennial report to the Department of Housing and Community Development stating the percentage of units that are restricted as affordable units, by level of affordability, for all district TOD projects. (d) The district may exempt specific TOD projects from the application of TOD zoning standards when the project is in the approval process with a local jurisdiction before imposition of the TOD zoning standards adopted pursuant to subdivision (a) of Section 29010.6. (e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2019, Ch. 497, Sec. 253. (AB 991) Effective January 1, 2020. Repealed as of January 1, 2029, by its own provisions.)
  177. 29010.9.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. )

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    A local jurisdiction may exercise full design review and conditional use permitting authority for certain eligible TOD projects, except as provided in Section 29010.7(c).

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 29010.9. (a) Notwithstanding Section 65913.4 of the Government Code, a local jurisdiction may exercise full design review and conditional use permitting authority over any eligible TOD project that does not meet the conditions specified in subdivision (a) of Section 29010.7, except as provided in subdivision (c) of Section 29010.7. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2018, Ch. 1000, Sec. 6. (AB 2923) Effective January 1, 2019. Repealed as of January 1, 2029, by its own provisions.)
  178. 29011.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. )

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    The board may authorize sale, destruction, or other disposition of district records and similar items if it determines by resolution that they are no longer of value to 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 4. Property [29010 - 29011] ( Article 4 added by Stats. 1957, Ch. 1056. ) ## 29011. Whenever the board by resolution determines that any record, map, book, or paper in the possession of the district or any officer or employee thereof is of no further value to the district, the board may authorize its sale, destruction, or other disposition. (Added by Stats. 1957, Ch. 1056.)
  179. 2902.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 3. SURRENDER OF MUNICIPAL CONTROL [2901 - 2976] ( Part 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Surrender of Control by Municipal Corporations [2901 - 2976] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. General Provisions and Definitions [2901 - 2907] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This chapter does not authorize a municipal corporation to give up its power to regulate certain public-utility matters.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 3. SURRENDER OF MUNICIPAL CONTROL [2901 - 2976] ( Part 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Surrender of Control by Municipal Corporations [2901 - 2976] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. General Provisions and Definitions [2901 - 2907] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 2902. This chapter shall not be construed to authorize any municipal corporation to surrender to the commission its powers of control to supervise and regulate the relationship between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility, the location of the poles, wires, mains, or conduits of any public utility, on, under, or above any public streets, and the speed of common carriers operating within the limits of the municipal corporation. (Enacted by Stats. 1951, Ch. 764.)
  180. 2903.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 3. SURRENDER OF MUNICIPAL CONTROL [2901 - 2976] ( Part 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Surrender of Control by Municipal Corporations [2901 - 2976] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. General Provisions and Definitions [2901 - 2907] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 3. SURRENDER OF MUNICIPAL CONTROL [2901 - 2976] ( Part 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Surrender of Control by Municipal Corporations [2901 - 2976] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. General Provisions and Definitions [2901 - 2907] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 2903. Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter. (Enacted by Stats. 1951, Ch. 764.)
  181. 29030.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district may provide a rapid transit system for passengers and their incidental baggage.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29030. The district may provide a rapid transit system for the transportation of passengers and their incidental baggage. (Added by Stats. 1957, Ch. 1056.)
  182. 29031.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district may acquire and operate transit facilities, but freeway installations need Department of Transportation approval.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29031. The district may acquire, construct, own, operate, control, or use rights-of-way, rail lines, bus lines, stations, platforms, switches, yards, terminals, parking lots, and any and all other facilities necessary or convenient for rapid transit service within or partly without the district, underground, upon, or above the ground and under, upon, or over public streets, highways, bridges, or other public ways or waterways, together with all physical structures necessary or convenient for the access of persons and vehicles thereto, and may acquire any interest in or rights to the use or joint use of any or all of the foregoing; provided, that installations in state freeways shall be subject to the approval of the Department of Transportation and installations in other state highways shall be subject to Article 2 (commencing with Section 670), Chapter 3, Division 1 of the Streets and Highways Code. (Amended by Stats. 1980, Ch. 725, Sec. 15.)
  183. 29032.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district may lease or contract for the use of its facilities to any operator, and may allow subleases on terms it considers in the public interest.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29032. The district may lease or contract for the use of its facilities, or any portion thereof, to any operator, and may provide for subleases by such operator upon such terms and conditions as it deems in the public interest. The word “operator” as used in this section means any city or public agency or any person, firm or private corporation. (Added by Stats. 1957, Ch. 1056.)
  184. 29033.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district may build, operate, or acquire and operate transit works and facilities in and around streets, highways, waterways, and state-owned land, to the same extent municipalities have those rights.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29033. The district may construct and operate or acquire and operate works and facilities in, under, upon, over, across, or along any street or public highway or any stream, bay or watercourse, or over any of the lands which are the property of the State, to the same extent that such rights and privileges appertaining thereto are granted to municipalities within the State. (Added by Stats. 1957, Ch. 1056.)
  185. 29034.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district may enter into agreements with public agencies or public utilities for joint use of property and related transit arrangements.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29034. The district may enter into agreements for the joint use of any property and rights by the district and any public agency or public utility operating transit facilities; may enter into agreements with any public agency or public utility operating any transit facilities, either wholly or partially within, or without, the district, for the joint use of any property of the district or of that public agency or public utility, or the establishment of through routes, joint fares, transfer of passengers or pooling arrangements. (Amended by Stats. 2005, Ch. 536, Sec. 2. Effective October 5, 2005.)
  186. 29034.5.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district may approve annexation or other affiliation, but it must first meet its existing service commitments before spending district funds to extend services and facilities outside its 1971 boundaries, except for a specified Daly City Station extension.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29034.5. (a) The district may approve annexation of areas to the district pursuant to Chapter 9 (commencing with Section 29500) or other forms of affiliation; however, the district shall meet its service commitments within its boundaries as they existed on January 1, 1971, before the district may expend any district funds for the purpose of extending services and facilities outside of those boundaries, except for the extension of services and facilities south of the Daly City Station to the terminus of the BART-San Francisco Airport Extension. (b) This section does not preclude either of the following: (1) Rail line extensions to other areas that may be annexed to, or in some other way are affiliated with, the district, if other than district funds are used to finance the construction and operation of the extensions. (2) Improvements to existing district stations and yards. (c) As used in this section, “service commitments” means the extension of district services and facilities to the Cities of Antioch, Pittsburg, Pleasanton, Livermore, and Fremont and to the northwest section of the City and County of San Francisco. (Amended by Stats. 1996, Ch. 70, Sec. 1. Effective January 1, 1997.)
  187. 29034.6.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district must start construction of a West Pittsburg extension by 1991 if specified funding and election conditions are met, and its board must reserve set amounts of money.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29034.6. (a) Not later than 1991, the district shall proceed to commence construction of an extension of its facilities to West Pittsburg, or to a point east of that location, if the funding described in subdivision (b) is sufficient and all of the following occur: (1) The voters of Contra Costa County, at the November 8, 1988, general election, approve an additional one-half of 1 percent sales tax for transportation purposes. (2) An increase in San Francisco Bay area bridge tolls, as proposed by Senate Bill No. 45 of the 1987–88 Regular Session, is approved. (3) Sufficient funds are provided to the district from paragraphs (1) and (2) which, together with funds identified in subdivision (b), would result in the generation of at least four hundred twenty-five million dollars ($425,000,000) for the West Pittsburg BART extension. (b) The district board of directors shall set aside at least thirty-four million dollars ($34,000,000) from district reserve funds and, if the district receives two hundred million dollars ($200,000,000) from the San Mateo County Transit District as a result of an agreement between the district and the San Mateo County Transit District, the district board of directors shall set aside at least an additional seventy-four million dollars ($74,000,000) for the purposes of this section. The district shall seek other funding as may be available from state and other sources to meet the objective of completing construction of an extension to West Pittsburg. (c) It is the intent of the Legislature that the district extend its service and facilities to eastern Contra Costa County as far as the four hundred twenty-five million dollars ($425,000,000) funding amount will permit. (d) If funds generated from the additional Contra Costa County transportation sales tax or the increase in bridge tolls do not become available to the district, it is the intent of the Legislature that the district proceed with service and facilities extension as far as available funding sources permit. (Added by Stats. 1988, Ch. 1259, Sec. 1.)
  188. 29034.7.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district must begin construction of Dublin and Warm Springs facility extensions by December 31, 1991, if the stated funding and approval conditions are met, and the board must make specified funding commitments.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29034.7. (a) Not later than December 31, 1991, the district shall proceed to commence construction of an extension of its facilities to Dublin if an agreement is then existing between the district and the Alameda County Transportation Commission to provide funding for that extension in accordance with the Alameda County Transportation Expenditure Plan adopted pursuant to Section 131055. (b) Not later than December 31, 1991, the district shall proceed to commence construction of an extension of its facilities to Warm Springs, subject to each of the following conditions: (1) The Dublin extension is fully funded and ready for implementation. (2) Appropriate federal and environmental approvals are obtained in a timely manner. (3) Adequate funding is available from the sources described in subdivision (c). (c) In order to meet the objective of completing construction of the Dublin and Warm Springs extensions of the district’s facilities, as contemplated by the Alameda County Transportation Expenditure Plan, the board of directors of the district shall take the following actions: (1) Set aside, for expenditure on those projects, not less than fifty-eight million dollars ($58,000,000) from the district’s reserve funds. (2) Commit for expenditure on those projects, an additional amount of not less than one hundred twenty-six million dollars ($126,000,000) if, pursuant to an agreement between the district and the San Mateo County Transit District, the district is to receive two hundred million dollars ($200,000,000) as a capital contribution from the San Mateo County Transit District. (3) Seek additional funding as may be available from an increase in San Francisco Bay area bridge tolls pursuant to Chapter 406 of the Statutes of 1988, together with funding from state and other sources, to provide not less than six hundred two million dollars ($602,000,000) to fund the Dublin and Warm Springs extensions as provided for in the Alameda County Transportation Expenditure Plan. (d) It is the intent of the Legislature, if funding, as provided for in the Alameda County Transportation Expenditure Plan and pursuant to paragraphs (2) and (3) of subdivision (c), does not become available to the district for the full extension of service and facilities described in subdivisions (a) and (b), that the district nevertheless undertake to provide the described extensions to the extent that available funding permits. (Amended by Stats. 2010, Ch. 491, Sec. 5. (SB 1318) Effective January 1, 2011.)
  189. 29035.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district may operate feeder bus lines and other feeder services when necessary.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29035. The district may operate such feeder bus lines and other feeder services as necessary. (Added by Stats. 1957, Ch. 1056.)
  190. 29035.5.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    This section lists the Regional Transit Expansion Program projects established by Metropolitan Transportation Commission Resolution 3434 in December 2001.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29035.5. Metropolitan Transportation Commission Resolution 3434, in December 2001, established the following Regional Transit Expansion Program for the San Francisco Bay area: (a) BART to Warm Springs, sponsored by the Bay Area Rapid Transit District. (b) BART from Warm Springs to Milpitas, San Jose, and Santa Clara, sponsored by the Santa Clara Valley Transportation Authority. (c) San Francisco Muni Third Street Light-Rail Transit Project: Phase 2-New Central Subway, sponsored by the San Francisco County Transportation Authority and San Francisco Muni. (d) BART/Oakland Airport Connector, sponsored by the Bay Area Rapid Transit District. (e) Caltrain Downtown Extension/Rebuilt Transbay Terminal, sponsored by the San Francisco County Transportation Authority. (f) Caltrain Rapid Rail/Electrification, sponsored by the Joint Powers Board (Caltrain). (g) Caltrain Express/Phase 1, sponsored by the Joint Powers Board (Caltrain). (h) Downtown to East Valley Light-Rail and Bus Rapid Transit: Phases 1 and 2, sponsored by the Santa Clara Valley Transportation Authority. (i) Capitol Corridor: Phase 1 Expansion, sponsored by the Capitol Corridor Joint Powers Authority. (j) AC Transit Oakland/San Leandro Bus Rapid Transit: Phase 1 (Enhanced Bus), sponsored by AC Transit. (k) Regional Express Bus: Phase 1, sponsored by the Metropolitan Transportation Commission. (l) Dumbarton Rail, sponsored by the Joint Powers Board (Caltrain). (m) BART/East Contra Costa Rail Extension, sponsored by the Contra Costa Transportation Authority and BART. (n) BART/Tri-Valley Rail Extension, sponsored by the Alameda County Transportation Commission and BART. (o) Altamont Commuter Express (ACE): Service Expansion, sponsored by the Altamont Commuter Express. (p) Caltrain Express: Phase 2, sponsored by the Joint Powers Board (Caltrain). (q) Capitol Corridor: Phase 2 Enhancements, sponsored by the Capitol Corridor Joint Powers Authority. (r) Sonoma-Marin Rail, sponsored by Sonoma-Marin Area Rail Transit. (s) AC Transit Enhanced Bus: Hesperian/Foothill/MacArthur Corridors, sponsored by AC Transit. (Amended by Stats. 2010, Ch. 491, Sec. 6. (SB 1318) Effective January 1, 2011.)
  191. 29036.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board of directors must send route and facility plans for recommendation to the relevant local officials and other appropriate agencies, and must give due consideration to all recommendations received.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29036. The board of directors shall refer for recommendation the plans of routes, rights of way, terminals, stations, yards and related facilities and improvements to the city councils and boards of supervisors within whose jurisdiction said facilities and improvements lie and to such other state, regional and local agencies and commissions as may be deemed appropriate by the board of directors. The board of directors shall give due consideration to all recommendations submitted. (Added by Stats. 1957, Ch. 1056.)
  192. 29037.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The district may not interfere with or control transit facilities owned and operated by a city or public agency within the district unless that city or public agency consents and the parties agree on the terms.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29037. The district shall not interfere with or exercise any control over any transit facilities now or hereafter owned and operated wholly or partly within the district by any city or public agency, unless by consent of such city or public agency and upon such terms as are mutually agreed upon between the board and such city or public agency. (Added by Stats. 1957, Ch. 1056.)
  193. 29038.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    The board must set service rates and charges by a two-thirds vote, and the rates must be reasonable.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29038. The rates and charges for service furnished pursuant to this part shall be fixed by a two-thirds vote of the board and shall be reasonable. Insofar as practicable, the rates shall be fixed so as to result in revenue which will be sufficient to do all of the following: (a) Pay the operating expenses of the district. (b) Provide for repairs, maintenance, and depreciation of works owned or operated by the district. (c) Provide for the purchase, lease, or acquisition of rolling stock, including provisions for interest, sinking funds, reserve funds, or other funds required for the payment of any obligations incurred by the district for the acquisition of rolling stock. (d) After making any current allocation of funds required for the foregoing purposes and by the terms of any indebtedness incurred under Articles 6 (commencing with Section 29240) and 7 (commencing with Section 29250) of Chapter 8, provide funds for any purpose the board deems necessary and desirable to carry out the purposes of this part. (Amended by Stats. 1981, Ch. 714, Sec. 391.)
  194. 29039.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

    Verify source ↗

    Certain local governing bodies within the district may request a hearing before the district board about rates, charges, or the location of facilities. The request must be written and state the subject matter of the hearing.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29039. The board of supervisors of a county or a city and county, or the city council of a municipality having territory located within the district may file a request for a hearing before the district board as to the reasonableness of any rates or charges fixed by the district and as to any proposal for fixing the location of facilities by the district. The request shall be in writing and shall state the subject matter on which a hearing is desired. (Added by Stats. 1957, Ch. 1056.)
  195. 2904.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 3. SURRENDER OF MUNICIPAL CONTROL [2901 - 2976] ( Part 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Surrender of Control by Municipal Corporations [2901 - 2976] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. General Provisions and Definitions [2901 - 2907] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This section defines “municipal corporation” as a city and county or an incorporated city.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 3. SURRENDER OF MUNICIPAL CONTROL [2901 - 2976] ( Part 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Surrender of Control by Municipal Corporations [2901 - 2976] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. General Provisions and Definitions [2901 - 2907] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 2904. “Municipal corporation” means a city and county or incorporated city. (Enacted by Stats. 1951, Ch. 764.)
  196. 29040.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

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    After a hearing request is filed, the district board must set the hearing’s time and place, give notice to the requesting county or city, and publish the notice.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29040. Upon the filing of a request for hearing as provided in Section 29039 the district board shall fix the time and place for hearing. The time fixed shall not be less than fifteen (15) days nor more than sixty (60) days from the date such request is filed. Notice of such hearing shall be given to the county or city requesting such hearing and shall be published by the board. (Added by Stats. 1957, Ch. 1056.)
  197. 29041.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

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    Certain eligible boards of supervisors or city councils may intervene in a board hearing and are entitled to speak and present evidence.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29041. At the time fixed for any hearing before the board any board of supervisors or city council eligible to file a request for hearing, not a party to the original request for hearing, may intervene and shall be entitled to be heard and to introduce evidence. (Added by Stats. 1957, Ch. 1056.)
  198. 29042.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

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    The district, petitioners, and intervenors have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, and rebut other parties’ evidence.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29042. The district, petitioner or petitioners, and the intervenors shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in direct examination; and to rebut evidence introduced by other parties. (Added by Stats. 1957, Ch. 1056.)
  199. 29043.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

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    Oral evidence must be taken only on oath or affirmation, and the hearing does not have to follow technical evidence rules.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29043. Oral evidence shall be taken only on oath or affirmation. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious business affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action. (Added by Stats. 1957, Ch. 1056.)
  200. 29044.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. )

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    A board-appointed reporter must take down a complete record of the hearing; on review, the transcript and related materials become the record, unless the board and other parties agree in writing to certify a specified portion of the evidence to the court.

    ## 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 6. Powers and Functions of District [28950 - 29103] ( Chapter 6 added by Stats. 1957, Ch. 1056. ) ## ARTICLE 5. Rapid Transit Facilities and Service [29030 - 29047] ( Article 5 added by Stats. 1957, Ch. 1056. ) ## 29044. A complete record of all proceedings and testimony before the board at such hearing shall be taken down by a reporter appointed by the board. In case an action is brought to review any decision of the board, a transcript of such testimony, together with all exhibits or copies thereof introduced, together with the written request for hearing and other proceedings in the cause shall constitute the record on review; provided, however, that the board and other parties may stipulate in writing that a specified portion of the evidence be certified to the court for judgment and in such case the portion of the evidence specified and the stipulation specifying such evidence shall be the record on review. (Added by Stats. 1957, Ch. 1056.)

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