Public Utilities Code — Part 25 | PUC — United States — California law | Esheria

Public Utilities Code

Part 25 of 38 · provisions 4,801–5,000

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. 395.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    Residential and small commercial electricity customers have a right to cancel a service contract by midnight of the third business day after signing.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 395. (a) In addition to any other right to revoke an offer, residential and small commercial customers of electrical service, as defined in subdivision (h) of Section 331, have the right to cancel a contract for electric service until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase. (b) Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address specified in the agreement or offer. (c) Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. (d) Notice of cancellation given by the buyer need not take the particular form as provided with the contract or offer to purchase and, however expressed, is effective if it indicates the intention of the buyer not to be bound by the contract. (Added by Stats. 1996, Ch. 854, Sec. 10. Effective September 24, 1996.)
  2. 3950.

    ## Public Utilities Code - PUC ## DIVISION 2. REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION [3901 - 5513] ( Division 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Interstate and Foreign Motor Carriers of Household Goods and Passengers Act [3901 - 3950] ( Chapter 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. ) ## ARTICLE 1. General Provisions [3901 - 3950] ( Article 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. )

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    A person or corporation may not operate, or cause the operation of, a motor vehicle carrying property or passengers for compensation in interstate commerce on California highways unless it has first complied with this chapter.

    ## Public Utilities Code - PUC ## DIVISION 2. REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION [3901 - 5513] ( Division 2 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Interstate and Foreign Motor Carriers of Household Goods and Passengers Act [3901 - 3950] ( Chapter 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. ) ## ARTICLE 1. General Provisions [3901 - 3950] ( Article 1 added by Stats. 1996, Ch. 1042, Sec. 29.5. ) ## 3950. It is a violation of law for any person or corporation to operate, or cause to be operated, on the highways of this state, any motor vehicle in the transportation of property or passengers for compensation in interstate commerce without having first complied with the requirements of this chapter. That violation may be prosecuted and punished as provided in Section 16560 of the Vehicle Code. (Added by Stats. 1999, Ch. 1005, Sec. 66. Effective January 1, 2000.)
  3. 396.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    A consumer harmed by an electric service provider’s violation of this article can recover damages, fees, costs, exemplary damages for willful or intentional violations, and equitable relief.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 396. (a) A consumer damaged by a violation of this article by an electric service provider is entitled to recover all of the following: (1) Actual damages. (2) The consumer’s reasonable attorney’s fees and court costs. (3) Exemplary damages, in the amount the court deems proper, for intentional or willful violations. (4) Equitable relief as the court deems proper. (b) The rights, remedies, and penalties established by this article are in addition to the rights, remedies, or penalties established under any other law. (c) Nothing in this article shall abrogate any authority of the Attorney General to enforce existing law. (Amended by Stats. 2004, Ch. 183, Sec. 315. Effective January 1, 2005.)
  4. 396.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. )

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    The governing body of a community choice aggregator must adopt a policy banning false or misleading statements about the aggregator’s rates or service terms.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 12. Consumer Protection [394 - 396.5] ( Article 12 added by Stats. 1996, Ch. 854, Sec. 10. ) ## 396.5. The governing body of a community choice aggregator shall adopt a policy that expressly prohibits the dissemination by the community choice aggregator of any statement relating to the community choice aggregator’s rates or terms and conditions of service that is untrue or misleading, and that is known, or that, by the exercise of reasonable care, should be known, to be untrue or misleading. (Added by Stats. 2011, Ch. 599, Sec. 9. (SB 790) Effective January 1, 2012.)
  5. 397.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 13. Allocation of Electrical System Costs [397- 397.] ( Article 13 added by Stats. 2019, Ch. 397, Sec. 2. )

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    The commission must develop and use methodologies to allocate electrical system integration resource procurement needs and related costs to load-serving entities, and this section does not require procurement of any specific resource or technology type.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 13. Allocation of Electrical System Costs [397- 397.] ( Article 13 added by Stats. 2019, Ch. 397, Sec. 2. ) ## 397. (a) (1) The commission shall, in an existing or a new proceeding, develop methodologies for allocating electrical system integration resource procurement needs to each load-serving entity, as defined in Section 380, based on the contribution of the load-serving entity’s load and resource portfolio to the electrical system conditions that created the need for the procurement and for determining any costs resulting from a failure of a load-serving entity to satisfy its allocated procurement needs. Those needs and costs shall be limited to those that are subject to the commission’s jurisdiction pursuant to Section 380, 454.51, or 454.52. (2) The electrical system integration resource procurement needs and costs described in paragraph (1) shall include, but are not limited to, those relating to the following: (A) Resource adequacy requirements associated with system flexibility, as described in subdivision (c) of Section 380. (B) Integration resources identified as needed, or proposed in response to system operational needs identified, through the process described in subdivision (a) of Section 454.51. (b) The commission shall use the methodologies developed pursuant to subdivision (a) in allocating electrical system integration resource procurement needs and any costs resulting from a failure to procure resources to satisfy those allocated procurement needs pursuant to Section 380, 454.51, or 454.52. (c) For purposes of this section, “electrical system integration resources” means resources that provide certain electrical system integration functions, benefits, or attributes, such as flexible ramping capability. (d) This section does not require the procurement of a specific resource or technology type. (Added by Stats. 2019, Ch. 397, Sec. 2. (AB 1584) Effective January 1, 2020.)
  6. 398.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 14. Disclosure of Sources of Electrical Generation [398.1 - 398.6] ( Article 14 added by Stats. 1997, Ch. 796, Sec. 1. )

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    The section says California needs reliable, accurate, timely, and consistent information about fuel sources for electric generation, and it sets up a disclosure program for electric service providers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 14. Disclosure of Sources of Electrical Generation [398.1 - 398.6] ( Article 14 added by Stats. 1997, Ch. 796, Sec. 1. ) ## 398.1. (a) The Legislature finds and declares that there is a need for reliable, accurate, timely, and consistent information regarding fuel sources for electric generation offered for retail sale in California. (b) The purpose of this article is to establish a program under which entities offering electric services in California disclose accurate, reliable, and simple to understand information on the sources of energy, and the associated emissions of greenhouse gases, that are used to provide electric services. (Amended by Stats. 2016, Ch. 656, Sec. 1. (AB 1110) Effective January 1, 2017.)
  7. 398.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 14. Disclosure of Sources of Electrical Generation [398.1 - 398.6] ( Article 14 added by Stats. 1997, Ch. 796, Sec. 1. )

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    This section defines terms used in the article, including greenhouse gas emissions intensity, retail supplier, system operator, and specified versus unspecified electricity purchases.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 14. Disclosure of Sources of Electrical Generation [398.1 - 398.6] ( Article 14 added by Stats. 1997, Ch. 796, Sec. 1. ) ## 398.2. The definitions set forth in this section shall govern the construction of this article. (a) “Greenhouse gas emissions intensity” means the sum of all annual emissions of greenhouse gases associated with a generation source divided by the annual production of electricity from the generation source. (b) “Retail supplier” means an entity that offers an electricity product for sale to retail consumers in California, including an electrical corporation, local publicly owned electric utility, electric service provider, and community choice aggregator. (c) “System operator” means the Independent System Operator with responsibility for the efficient use and reliable operation of the transmission grid, as provided by Section 345, or a local publicly owned electric utility that does not utilize the Independent System Operator. (d) “Purchases of electricity from specified sources” or “purchases from specified sources” means electricity transactions that are traceable to specific generation sources by any auditable contract trail or equivalent, such as a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once and only once to a retail consumer. Retail suppliers may rely on annual data to determine whether a transaction meets this definition, rather than hour-by-hour matching of loads and resources. (e) “Electricity from unspecified sources” means electricity that is not traceable to specific generation sources by any auditable contract trail or equivalent, including a tradable commodity system, that provides commercial verification that the electricity source claimed has been sold once, and only once, to a retail consumer. (Amended by Stats. 2016, Ch. 656, Sec. 2. (AB 1110) Effective January 1, 2017.)
  8. 398.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 14. Disclosure of Sources of Electrical Generation [398.1 - 398.6] ( Article 14 added by Stats. 1997, Ch. 796, Sec. 1. )

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    Generators that send meter data to a system operator must report hourly electricity generation and fuel information, with a simplified reporting option for single-fuel facilities.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 14. Disclosure of Sources of Electrical Generation [398.1 - 398.6] ( Article 14 added by Stats. 1997, Ch. 796, Sec. 1. ) ## 398.3. (a) Beginning January 1, 1998, or as soon as practicable thereafter, each generator that provides meter data to a system operator shall report to the system operator electricity generated in kilowatthours by hour by generator, the fuel type or fuel types and fuel consumption by fuel type by month on an historical recorded quarterly basis. Facilities using only one fuel type may satisfy this requirement by reporting fuel type only. With regard to any facility using more than one fuel type, reports shall reflect the fuel consumed as a percentage of electricity generation. (b) The Energy Commission shall have authorization to access the electricity generation data in kilowatthours by hour for each facility that provides meter data to the system operator, and the fuel type or fuel types. (c) With regard to out-of-state generation, the Energy Commission shall have authorization to access the electricity generation data in kilowatthours by hour at the point at which out-of-state generation is metered, to the extent the information has been submitted to a system operator. (d) Trade secrets as defined in subdivision (d) of Section 3426.1 of the Civil Code contained in the information provided to the system operators pursuant to this section shall be treated as confidential. These data may be disclosed only by the system operators and only by authorization of the generator except that the Energy Commission shall have authorization to access these data, shall consider all these data to be trade secrets, and shall only release these data in an aggregated form such that trade secrets cannot be discerned. (Amended by Stats. 2012, Ch. 606, Sec. 6. (AB 2227) Effective January 1, 2013.)
  9. 398.4.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 14. Disclosure of Sources of Electrical Generation [398.1 - 398.6] ( Article 14 added by Stats. 1997, Ch. 796, Sec. 1. )

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    Retail suppliers selling electricity consumed in California must disclose their electricity sources and greenhouse gas emissions intensity, and the Energy Commission must set disclosure and reporting guidelines.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 14. Disclosure of Sources of Electrical Generation [398.1 - 398.6] ( Article 14 added by Stats. 1997, Ch. 796, Sec. 1. ) ## 398.4. (a) Every retail supplier that makes an offering to sell electricity that is consumed in California shall disclose its electricity sources and the associated greenhouse gases emissions intensity for the previous calendar year. (b) The disclosures required by this section shall be made to potential end-use consumers in all product-specific written promotional materials that are distributed to consumers by either printed or electronic means, including the retail supplier’s internet website, if one exists, except that advertisements and notices in general circulation media shall not be subject to this requirement. (c) The disclosures required by this section shall be made annually to end-use consumers of the offered electricity. The annual disclosure shall be made on the retail supplier’s internet website by October 1 of each year, and in written promotional materials by the end of the first complete billing cycle for the fourth quarter of the year, and shall be consistent with information provided to the Energy Commission pursuant to Section 398.5. A retail supplier may distribute the disclosures required by this section via email to any end-use consumer that has consented to receive email in lieu of printed materials. (d) The disclosures required by this section shall be made separately for each portfolio offering made by the retail supplier. (e) On or before January 1, 1998, the Energy Commission shall specify guidelines for the format and means for disclosure required by Section 398.3 and this section, based on the requirements of this article and subject to public hearing. (f) The costs of making the disclosures required by this section shall be considered to be generation related. (g) The disclosures required by this section shall comply with the following: (1) A retail supplier’s disclosure of its electricity sources shall be expressed as a percentage of annual sales derived from each of the following categories: (A) Electricity from unspecified sources. (B) Purchases of electricity from specified sources. (2) A retail supplier’s disclosure of its electricity sources shall also separately identify total California system electricity, which is the sum of all in-state generation and net electricity imports by fuel type. (h) Each of the categories specified in subdivision (g) shall be additionally identified as a percentage of annual sales that is derived from the following fuels, sources of energy, or electricity products: (1) Coal. (2) Large hydroelectric (greater than 30 megawatts). (3) Natural gas. (4) Nuclear. (5) Eligible renewable energy resources pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11)), including any of the following: (A) Biomass and biowaste. (B) Geothermal. (C) Eligible hydroelectric. (D) Solar. (E) Wind. (6) Other categories as determined by the Energy Commission. (7) The portion of annual sales derived from unbundled renewable energy credits shall be included in the disclosures in a format determined by the Energy Commission. A retail supplier may include additional information related to the sources of the unbundled renewable energy credits. (i) All electricity sources disclosed as purchases of electricity from specified sources shall meet the requirements of subdivision (d) of Section 398.2. (j) Purchases of electricity from specified sources identified pursuant to this section shall be from sources connected to the Western Electricity Coordinating Council interconnected grid. (k) (1) Each retail supplier shall disclose both the greenhouse gas emissions intensity of any electricity portfolio offered to its retail customers and the Energy Commission’s calculation of greenhouse gas emissions intensity associated with all statewide retail electricity sales, consistent with the requirements of this subdivision. (2) The Energy Commission shall do all of the following: (A) Adopt a methodology, in consultation with the State Air Resources Board, for the calculation of greenhouse gas emissions intensity for each purchase of electricity by a retail supplier to serve its retail customers. (B) Calculate the greenhouse gas emissions intensity associated with statewide retail electricity sales based on the greenhouse gas emissions for total California system electricity. (C) Rely on the most recent verified greenhouse gas emissions data while ensuring that greenhouse gas emissions intensity factors for electricity from specified and unspecified sources are available to retail suppliers with sufficient advance notice to permit timely reporting. (D) Establish guidelines for adjustments to a greenhouse gas emissions intensity factor for a reporting year for any local publicly owned electric utility demonstrating generation of quantities of electricity in previous years in excess of its total retail sales and wholesale sales from specified sources that do not emit any greenhouse gases. Adjustments authorized by the guidelines established by the Energy Commission shall not permit excess generation procured in a single year to be counted more than once or to be resold to another retail supplier as a specified source. (E) Ensure that there is no double-counting of the greenhouse gas emissions or emissions attributes associated with any unit of electricity production reported by a retail supplier for any specific generating facility or unspecified source located within the Western Electricity Coordinating Council when calculating greenhouse gas emissions intensity. (F) (i) On or before January 1, 2018, adopt guidelines, through an open process, subject to public comment, and adopted by a vote of the Energy Commission, for the reporting and disclosure of greenhouse gas emissions intensity associated with retail sales based on the requirements of this subdivision. Beginning June 1, 2020, retail suppliers shall be required to report data on greenhouse gas emissions intensity associated with retail sales occurring after December 31, 2018. (ii) Any new community choice aggregator formed after January 1, 2016, shall not be required to report data on greenhouse gas emissions intensity associated with retail sales until at least 24 months, but shall be required to report that data no later than 36 months, after serving its first retail customer. (3) Any marketing or retail product claims relating to the greenhouse gas emissions intensity of the electric supply portfolio of a retail supplier shall be consistent with the methodology adopted by the Energy Commission pursuant to this section. Retail suppliers may provide additional information to customers describing other actions relating to greenhouse gases that are unrelated to the electric supply portfolio. (l) The provisions of this section shall not apply to generators providing electric service onsite, under an over-the-fence transaction as described in Section 218, or to an affiliate or affiliates, as defined in subdivision (a) of Section 372. (Amended by Stats. 2021, Ch. 228, Sec. 1. (AB 242) Effective January 1, 2022.)
  10. 398.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 14. Disclosure of Sources of Electrical Generation [398.1 - 398.6] ( Article 14 added by Stats. 1997, Ch. 796, Sec. 1. )

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    Retail suppliers must report annual electricity-offering data to the Energy Commission, including purchased and sold kilowatthours and consumer disclosures. Trade-secret submissions cannot be released except in aggregated form, and the Energy Commission may issue reporting guidelines and verify certain claims.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 14. Disclosure of Sources of Electrical Generation [398.1 - 398.6] ( Article 14 added by Stats. 1997, Ch. 796, Sec. 1. ) ## 398.5. (a) Retail suppliers shall annually report to the Energy Commission, for each electricity offering for the previous calendar year, each of the following: (1) The kilowatthours purchased, by generator and fuel type during the previous calendar year, consistent with the meter data, including losses, reported to the system operator. (2) The kilowatthours purchased from unspecified sources in California and from unspecified sources imported into California from other subregions within the Western Electricity Coordinating Council. (3) For each electricity offering, the kilowatthours sold at retail. (4) For each electricity offering, the disclosures made to consumers pursuant to Section 398.4. (b) Information submitted to the Energy Commission pursuant to this section that is a trade secret as defined in subdivision (d) of Section 3426.1 of the Civil Code shall not be released except in an aggregated form such that trade secrets cannot be discerned. (c) The Energy Commission shall specify guidelines and standard formats, based on the requirements of this article and subject to public hearing, for the submittal of information pursuant to this article. (d) In developing the rules and procedures specified in this section, the Energy Commission shall seek to minimize the reporting burden and cost of reporting that it imposes on retail suppliers. (e) The provisions of this section shall not apply to generators providing electric service onsite, under an over-the-fence transaction as described in Section 218, or to an affiliate or affiliates, as defined in subdivision (a) of Section 372. (f) The Energy Commission may verify environmental and procurement claims made by retail suppliers. (Amended by Stats. 2016, Ch. 656, Sec. 4. (AB 1110) Effective January 1, 2017.)
  11. 398.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 14. Disclosure of Sources of Electrical Generation [398.1 - 398.6] ( Article 14 added by Stats. 1997, Ch. 796, Sec. 1. )

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    Retail suppliers selling electricity to retail customers in the state must begin annual reporting to the Energy Commission on January 1, 2028, and several electricity market participants must provide hourly data needed for that reporting.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 14. Disclosure of Sources of Electrical Generation [398.1 - 398.6] ( Article 14 added by Stats. 1997, Ch. 796, Sec. 1. ) ## 398.6. (a) For purposes of this section, the following definitions apply: (1) “Avoided greenhouse gas emissions” means greenhouse gas emissions associated with hourly purchases of electricity from specified sources that are in excess of the retail supplier’s loss-adjusted load for that hour to the extent that the excess electricity reduced the emissions of greenhouse gases associated with electricity from unspecified sources during that hour. (2) “Electricity source type” means the fuel, source of energy, or electricity product, as described in subdivision (h) of Section 398.4. (3) “Load-serving entity” has the same meaning as defined in Section 380. (4) “Loss-adjusted load” means the total amount of electricity, measured at the utility-scale generation source, that a retail supplier requires in order to provide for retail sales after electrical losses in transmission and distribution. (b) Beginning January 1, 2028, every retail supplier that offers an electricity product for sale to retail customers in the state shall annually report to the Energy Commission all of the following information: (1) The retail supplier’s sources of electricity used to serve loss-adjusted load for each hour during the previous calendar year. (2) To the extent feasible, the emissions of greenhouse gases associated with each of those sources of electricity. In calculating those emissions of greenhouse gases, the retail supplier shall not include or consider any avoided greenhouse gas emissions. (3) An annual total of greenhouse gas emissions and an annual average greenhouse gas emissions intensity, calculated as the annual total greenhouse gas emissions divided by the retail supplier’s annual total loss-adjusted load. (4) An annual total of avoided greenhouse gas emissions. (c) On or before July 1, 2024, the Energy Commission shall adopt rules, through an open process, subject to public comment, and adopted by a vote of the Energy Commission, to implement the requirements of this section. (d) The Energy Commission shall share the information collected pursuant to subdivision (b) with the commission, the State Air Resources Board, and the system operator, to the extent needed, for purposes of the following: (1) Evaluating load-serving entities’ integrated resource plans pursuant to Section 454.52, as determined and deemed necessary by the Public Utilities Commission. (2) The State Air Resources Board’s regulations for the mandatory reporting of the emissions of greenhouse gases. (3) Estimating hourly greenhouse gas emission factors for electricity from unspecified sources, to the extent feasible. (e) The Energy Commission shall annually publish on its internet website an aggregated summary of the data reported by each retail supplier pursuant to this section, which may include all of the following: (1) Electricity from specified sources expressed as a percentage of annual loss-adjusted load that is derived from each electricity source type. (2) Electricity from unspecified sources expressed as a percentage of annual loss-adjusted load. (3) The total emissions of greenhouse gases associated with all electricity used to serve loss-adjusted load. In calculating those emissions of greenhouse gases, any avoided greenhouse gas emissions shall not be included or considered. (4) The average greenhouse gas emissions intensity of all electricity used to serve loss-adjusted load. (5) The total avoided greenhouse gas emissions. (f) In order to ensure that a retail supplier can obtain the information necessary to comply with the requirements of this section and to protect the confidentiality of market sensitive data, all of the following shall be required: (1) All sellers of electricity from generation facilities shall timely provide each purchaser of the facility’s electricity that is subject to the reporting requirement in subdivision (b) with the purchaser’s hourly share of electricity that is scheduled into a California balancing authority and the emissions of greenhouse gases associated with that electricity. (2) All sellers of electricity from energy storage facilities shall timely provide each purchaser of the facility’s exported electricity that is subject to the reporting requirement in subdivision (b) with the purchaser’s hourly share of exported electricity and the hourly electricity consumed by the energy storage facility in prior hours sufficient to provide the exported electricity after taking into account round-trip losses within the energy storage facility. If the purchaser of the facility’s exported electricity is not responsible for providing the electricity consumed by the energy storage facility in prior hours, the seller of electricity from the energy storage facility shall also provide the purchaser with the electricity source type and the emissions of greenhouse gases associated with the electricity consumed by the energy storage facility in prior hours. (3) An entity allocating electricity from specified sources shall timely provide each retail supplier to whom a share of the electricity is allocated with the retail supplier’s hourly share of electricity from each specified source and the emissions of greenhouse gases associated with that electricity. (4) The recipients of hourly data pursuant to this subdivision shall maintain the confidentiality of the data received and use it solely for the purpose of meeting the requirements of this section. (5) The recipients of hourly data pursuant to this subdivision shall share the hourly data as necessary, and under the same confidentiality requirements, with subsequent purchasers of the electricity from specified sources. (g) (1) The commission shall review the total annual emissions of greenhouse gases and the annual average greenhouse gas emissions intensity reported for each load-serving entity pursuant to this section and may assess whether those emissions of greenhouse gases, combined with the load-serving entity’s procurement plans for subsequent years, demonstrate adequate progress toward achieving the load-serving entity’s greenhouse gas emissions targets established pursuant to Section 454.52. The commission shall provide its findings for each community choice aggregator to the community choice aggregator’s governing board. (2) The governing board of each local publicly owned electric utility shall review the total annual emissions of greenhouse gases and the annual average greenhouse gas emissions intensity reported for each local publicly owned electric utility pursuant to this section and may assess whether those emissions of greenhouse gases, combined with the local publicly owned electric utility’s procurement plans for subsequent years, demonstrate adequate progress toward achieving the local publicly owned electric utility’s greenhouse gas emissions targets established pursuant to Section 9621. A local publicly owned electric utility may use existing board processes to facilitate this paragraph. (h) Information submitted to the Energy Commission pursuant to this section that is a trade secret, as defined in subdivision (d) of Section 3426.1 of the Civil Code, shall not be released except in an aggregated form such that trade secrets cannot be discerned. (i) It is the intent of the Legislature that the reporting, evaluation, and progress assessment requirements of this section shall not constitute a new electricity procurement obligation for load-serving entities or for local publicly owned electric utilities. (j) The requirements of this section shall not apply to the following types of retail suppliers: (1) Load-serving entities that are not subject to the requirements of Section 454.52. (2) Local publicly owned electric utilities that are not subject to the requirements of Section 9621. (k) In developing the rules and procedures specified in this section, the Energy Commission shall seek to minimize the reporting burden and the cost of reporting that it imposes on retail suppliers. (l) The Energy Commission may modify or adjust the requirements of this section for any electrical corporation with 60,000 or fewer customer accounts in the state or any retail supplier with an annual electrical demand of less than 1,000 gigawatthours, if the Energy Commission finds that the costs to comply with the requirements of this section unduly burden the electrical corporation or retail supplier. (m) The Energy Commission may delay when retail suppliers shall begin reporting pursuant to this section if the Energy Commission determines that it is infeasible or unreasonably costly for retail suppliers to obtain the necessary data or develop the necessary reporting tools within the timeframe established in subdivision (b). (n) The Energy Commission may verify environmental and procurement claims made by retail suppliers. (o) This section shall not apply to generators providing electric service onsite, under an over-the-fence transaction as described in Section 218, or to an affiliate or affiliates, as defined in subdivision (a) of Section 372. (Added by Stats. 2022, Ch. 367, Sec. 2. (SB 1158) Effective January 1, 2023.)
  12. 399.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. )

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    This section names the Reliable Electric Service Investments Act and states legislative findings about the importance of safe, reliable electric service and continued investment in grid protection, workforce training, energy efficiency, renewable energy, and public interest research and development.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. ) ## 399. (a) This article shall be known, and may be cited, as the Reliable Electric Service Investments Act. (b) The Legislature finds and declares that safe, reliable electric service is of utmost importance to the citizens of this state, and its economy. (c) The Legislature further finds and declares that in order to ensure that the citizens of this state continue to receive safe, reliable, affordable, and environmentally sustainable electric service, it is essential that prudent investments continue to be made in all of the following areas: (1) To protect the integrity of the electric distribution grid. (2) To ensure an adequately sized and trained utility workforce. (3) To ensure cost-effective energy efficiency improvements. (4) To achieve a sustainable supply of renewable energy. (5) To advance public interest research, development and demonstration programs not adequately provided by competitive and regulated markets. (d) It is the intent of the Legislature to reaffirm, without requiring revision, California’s doctrine, as reflected in regulatory and judicial decisions, regarding electrical corporations’ reasonable opportunity to recover costs and investments associated with their electric distribution grid and the reasonable opportunity to attract capital for investment on reasonable terms. (e) The Legislature further finds and declares all of the following: (1) Acting under applicable constitutional and statutory authorities, the Public Utilities Commission and the boards of local publicly owned electric utilities have included in regulated electricity prices, investments that are essential to maintaining system reliability, reducing California electricity users’ bills, and mitigating environmental costs of California users’ electricity consumption. (2) Among the most important of these “system benefits” investments categories are energy efficiency, renewable energy, and public interest research, development and demonstration (RD&D). (3) Energy efficiency investments funded from California’s usage-based charges on electricity distribution help improve systemwide reliability by reducing demand in times and areas of system congestion, and at the same time reduce all California electricity users’ costs. These investments also significantly reduce environmental costs associated with California’s electricity consumption, including, but not limited to, degradation of the state’s air, water, and land resources. (4) California’s in-state renewable energy resources help alleviate supply deficits that could threaten electric system reliability, reduce environmental costs associated with California’s electricity consumption, and increase the diversity of the electricity system’s fuel mix, reducing electricity users’ exposure to fossil-fuel price volatility. (5) California’s public interest RD&D investments enhance private and regulated sector investment in electricity system technologies, and are designed specifically to help ensure sustained improvement in the economic and environmental performance of the distribution, transmission, and generation and end-use systems that serve California electricity users. (6) California has established a long tradition of recovering system benefits investments through usage-based electricity charges, which is reflected in at least two decades of electricity price regulation by the commission, the boards of local publicly owned electric utilities, and the mandate of the Legislature in Chapter 854 of the Statutes of 1996 (Assembly Bill 1890 of the 1995–96 Regular Session of the Legislature) and Chapter 905 of the Statutes of 1997 (Senate Bill 90 of the 1997–98 Regular Session of the Legislature). (7) Unless the Legislature acts to extend the mandate of this article for minimum levels of usage based system benefits charges, California electricity users are at substantial risk of higher economic and environmental costs and degraded reliability. (Amended (as added by Stats. 2000, Ch. 1050) by Stats. 2006, Ch. 512, Sec. 23. Effective September 27, 2006.)
  13. 399.11.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    This section states the Legislature’s findings and directs the commission to keep rates just and reasonable and not significantly affected by this article’s procurement requirements.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.11. The Legislature finds and declares all of the following: (a) In order to attain a target of generating 20 percent of total retail sales of electricity in California from eligible renewable energy resources by December 31, 2013, 33 percent by December 31, 2020, 50 percent by December 31, 2026, and 60 percent by December 31, 2030, it is the intent of the Legislature that the commission and the Energy Commission implement the California Renewables Portfolio Standard Program described in this article. (b) Achieving the renewables portfolio standard through the procurement of various electricity products from eligible renewable energy resources is intended to provide unique benefits to California, including all of the following, each of which independently justifies the program: (1) Displacing fossil fuel consumption within the state. (2) Adding new electrical generating facilities in the transmission network within the WECC service area. (3) Reducing air pollution, particularly criteria pollutant emissions and toxic air contaminants, in the state. (4) Meeting the state’s climate change goals by reducing emissions of greenhouse gases associated with electrical generation. (5) Promoting stable retail rates for electric service. (6) Meeting the state’s need for a diversified and balanced energy generation portfolio. (7) Assisting with meeting the state’s resource adequacy requirements. (8) Contributing to the safe and reliable operation of the electrical grid, including providing predictable electrical supply, voltage support, lower line losses, and congestion relief. (9) Implementing the state’s transmission and land use planning activities related to development of eligible renewable energy resources. (c) The California Renewables Portfolio Standard Program is intended to complement the Renewable Energy Resources Program administered by the Energy Commission and established pursuant to Chapter 8.6 (commencing with Section 25740) of Division 15 of the Public Resources Code. (d) New and modified electric transmission facilities may be necessary to facilitate the state achieving its renewables portfolio standard targets. (e) (1) Supplying electricity to California end-use customers that is generated by eligible renewable energy resources is necessary to improve California’s air quality and public health, particularly in disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code, and the commission shall ensure rates are just and reasonable, and are not significantly affected by the procurement requirements of this article. This electricity may be generated anywhere in the interconnected grid that includes many states, and areas of both Canada and Mexico. (2) This article requires generating resources located outside of California that are able to supply that electricity to California end-use customers to be treated identically to generating resources located within the state, without discrimination. (3) California electrical corporations have already executed, and the commission has approved, power purchase agreements with eligible renewable energy resources located outside of California that will supply electricity to California end-use customers. These resources will fully count toward meeting the renewables portfolio standard procurement requirements. (Amended by Stats. 2018, Ch. 312, Sec. 2. (SB 100) Effective January 1, 2019.)
  14. 399.12.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    This section defines key terms for the renewables portfolio standard program and sets limits on when certain facilities can count as eligible renewable energy resources or generate renewable energy credits.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.12. For purposes of this article, the following terms have the following meanings: (a) “Conduit hydroelectric facility” means a facility for the generation of electricity that uses only the hydroelectric potential of an existing pipe, ditch, flume, siphon, tunnel, canal, or other manmade conduit that is operated to distribute water for a beneficial use. (b) “Balancing authority” means the responsible entity that integrates resource plans ahead of time, maintains load-interchange generation balance within a balancing authority area, and supports interconnection frequency in real time. (c) “Balancing authority area” means the collection of generation, transmission, and loads within the metered boundaries of the area within which the balancing authority maintains the electrical load-resource balance. (d) “California balancing authority” is a balancing authority with control over a balancing authority area primarily located in this state and operating for retail sellers and local publicly owned electric utilities subject to the requirements of this article and includes the Independent System Operator (ISO) and a local publicly owned electric utility operating a transmission grid that is not under the operational control of the ISO. A California balancing authority is responsible for the operation of the transmission grid within its metered boundaries which is not limited by the political boundaries of the State of California. (e) “Eligible renewable energy resource” means an electrical generating facility that meets the definition of a “renewable electrical generation facility” in Section 25741 of the Public Resources Code, subject to the following: (1) (A) An existing small hydroelectric generation facility of 30 megawatts or less shall be eligible only if a retail seller or local publicly owned electric utility procured the electricity from the facility as of December 31, 2005. A new hydroelectric facility that commences generation of electricity after December 31, 2005, is not an eligible renewable energy resource if it will cause an adverse impact on instream beneficial uses or cause a change in the volume or timing of streamflow. (B) Notwithstanding subparagraph (A), a conduit hydroelectric facility of 30 megawatts or less that commenced operation before January 1, 2006, is an eligible renewable energy resource. A conduit hydroelectric facility of 30 megawatts or less that commences operation after December 31, 2005, is an eligible renewable energy resource so long as it does not cause an adverse impact on instream beneficial uses or cause a change in the volume or timing of streamflow. (C) A facility approved by the governing board of a local publicly owned electric utility prior to June 1, 2010, for procurement to satisfy renewable energy procurement obligations adopted pursuant to former Section 387, shall be certified as an eligible renewable energy resource by the Energy Commission pursuant to this article, if the facility is a “renewable electrical generation facility” as defined in Section 25741 of the Public Resources Code. (D) (i) A small hydroelectric generation unit with a nameplate capacity not exceeding 40 megawatts that is operated as part of a water supply or conveyance system is an eligible renewable energy resource only for the retail seller or local publicly owned electric utility that procured the electricity from the unit as of December 31, 2005. No unit shall be eligible pursuant to this subparagraph if an application for certification is submitted to the Energy Commission after January 1, 2013. Only one retail seller or local publicly owned electric utility shall be deemed to have procured electricity from a given unit as of December 31, 2005. (ii) Notwithstanding clause (i), a local publicly owned electric utility that meets the criteria of subdivision (j) of Section 399.30 may sell to another local publicly owned electric utility electricity from small hydroelectric generation units that qualify as eligible renewable energy resources under clause (i), and that electricity may be used by the local publicly owned electric utility that purchased the electricity to meet its renewables portfolio standard procurement requirements. The total of all those sales from the utility shall be no greater than 100,000 megawatthours of electricity. (iii) The amendments made to this subdivision by the act adding this subparagraph are intended to clarify existing law and apply from December 10, 2011. (2) (A) A facility engaged in the combustion of municipal solid waste shall not be considered an eligible renewable energy resource. (B) Subparagraph (A) does not apply to generation before January 1, 2017, from a facility located in Stanislaus County that was operational prior to September 26, 1996. (f) “Procure” means to acquire through ownership or contract. (g) “Procurement entity” means any person or corporation authorized by the commission to enter into contracts to procure eligible renewable energy resources on behalf of customers of a retail seller pursuant to subdivision (f) of Section 399.13. (h) (1) “Renewable energy credit” means a certificate of proof associated with the generation of electricity from an eligible renewable energy resource, issued through the accounting system established by the Energy Commission pursuant to Section 399.25, that one unit of electricity was generated and delivered by an eligible renewable energy resource. (2) “Renewable energy credit” includes all renewable and environmental attributes associated with the production of electricity from the eligible renewable energy resource, except for an emissions reduction credit issued pursuant to Section 40709 of the Health and Safety Code and any credits or payments associated with the reduction of solid waste and treatment benefits created by the utilization of biomass or biogas fuels. (3) (A) Electricity generated by an eligible renewable energy resource attributable to the use of nonrenewable fuels, beyond a de minimis quantity used to generate electricity in the same process through which the facility converts renewable fuel to electricity, shall not result in the creation of a renewable energy credit. The Energy Commission shall set the de minimis quantity of nonrenewable fuels for each renewable energy technology at a level of no more than 2 percent of the total quantity of fuel used by the technology to generate electricity. The Energy Commission may adjust the de minimis quantity for an individual facility, up to a maximum of 5 percent, if it finds that all of the following conditions are met: (i) The facility demonstrates that the higher quantity of nonrenewable fuel will lead to an increase in generation from the eligible renewable energy facility that is significantly greater than generation from the nonrenewable fuel alone. (ii) The facility demonstrates that the higher quantity of nonrenewable fuels will reduce the variability of its electrical output in a manner that results in net environmental benefits to the state. (iii) The higher quantity of nonrenewable fuel is limited to either natural gas or hydrogen derived by reformation of a fossil fuel. (B) Electricity generated by a small hydroelectric generation facility shall not result in the creation of a renewable energy credit unless the facility meets the requirements of subparagraph (A) or (D) of paragraph (1) of subdivision (e). (C) Electricity generated by a conduit hydroelectric generation facility shall not result in the creation of a renewable energy credit unless the facility meets the requirements of subparagraph (B) of paragraph (1) of subdivision (e). (D) Electricity generated by a facility engaged in the combustion of municipal solid waste shall not result in the creation of a renewable energy credit. This subparagraph does not apply to renewable energy credits that were generated before January 1, 2017, by a facility engaged in the combustion of municipal solid waste located in Stanislaus County that was operational prior to September 26, 1996, and sold pursuant to contacts entered into before January 1, 2017. (i) “Renewables portfolio standard” means the specified percentage of electricity generated by eligible renewable energy resources that a retail seller or a local publicly owned electric utility is required to procure pursuant to this article. (j) “Retail seller” means an entity engaged in the retail sale of electricity to end-use customers located within the state, including any of the following: (1) An electrical corporation, as defined in Section 218. (2) A community choice aggregator. A community choice aggregator shall participate in the renewables portfolio standard program subject to the same terms and conditions applicable to an electrical corporation. (3) An electric service provider, as defined in Section 218.3. The electric service provider shall be subject to the same terms and conditions applicable to an electrical corporation pursuant to this article. This paragraph does not impair a contract entered into between an electric service provider and a retail customer prior to the suspension of direct access by the commission pursuant to Section 80110 of the Water Code. (4) “Retail seller” does not include any of the following: (A) A corporation or person employing cogeneration technology or producing electricity consistent with subdivision (b) of Section 218. (B) The Department of Water Resources acting in its capacity pursuant to Division 27 (commencing with Section 80000) of the Water Code. (C) A local publicly owned electric utility. (k) “WECC” means the Western Electricity Coordinating Council of the North American Electric Reliability Corporation, or a successor to the corporation. (Amended by Stats. 2016, Ch. 677, Sec. 4. (SB 1393) Effective January 1, 2017.)
  15. 399.12.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    This section keeps certain hydroelectric facilities eligible as renewable energy resources if they meet listed conditions, including certification, ownership, timing, and streamflow limits.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.12.5. (a) Notwithstanding subdivision (e) of Section 399.12, a small hydroelectric generation facility that satisfies the criteria for an eligible renewable energy resource pursuant to Section 399.12 shall not lose its eligibility if efficiency improvements undertaken after January 1, 2008, cause the generating capacity of the facility to exceed 30 megawatts, and the efficiency improvements do not result in an adverse impact on instream beneficial uses or cause a change in the volume or timing of streamflow. The entire generating capacity of the facility shall be eligible. (b) Notwithstanding subdivision (e) of Section 399.12, the incremental increase in the amount of electricity generated from a hydroelectric generation facility as a result of efficiency improvements at the facility, is electricity from an eligible renewable energy resource, without regard to the electrical output of the facility, if all of the following conditions are met: (1) The incremental increase is the result of efficiency improvements from a retrofit that do not result in an adverse impact on instream beneficial uses or cause a change in the volume or timing of streamflow. (2) The hydroelectric generation facility meets one of the following certification mechanisms: (A) The hydroelectric generation facility has, within the immediately preceding 15 years, received certification from the State Water Resources Control Board pursuant to Section 401 of the federal Clean Water Act (33 U.S.C. Sec. 1341), or has received certification from a regional board to which the state board has delegated authority to issue certification, unless the facility is not subject to certification because there is no potential for discharge into waters of the United States. (B) If the hydroelectric facility is not located in California, the certification pursuant to Section 401 of the federal Clean Water Act (33 U.S.C. Sec. 1341) may be received from the applicable state board or agency or from a regional board to which the state board has delegated authority to issue the certification. (C) If the hydroelectric generation facility is the Rock Creek Powerhouse, Federal Energy Regulatory Commission Project Number 1962, the efficiency improvements have received any necessary incremental certification from the State Water Resources Control Board. (3) The hydroelectric generation facility is owned by a retail seller or a local publicly owned electric utility, was operational prior to January 1, 2007, the efficiency improvements are initiated on or after January 1, 2008, the efficiency improvements are not the result of routine maintenance activities, as determined by the Energy Commission, and the efficiency improvements were not included in any resource plan sponsored by the facility owner prior to January 1, 2008. (4) All of the incremental increase in electricity resulting from the efficiency improvements are demonstrated to result from a long-term financial commitment by the retail seller or local publicly owned electric utility. For purposes of this paragraph, “long-term financial commitment” means either new ownership investment in the facility by the retail seller or local publicly owned electric utility or a new or renewed contract with a term of 10 or more years, which includes procurement of the incremental generation. (c) The incremental increase in the amount of electricity generated from a hydroelectric generation facility as a result of efficiency improvements at the facility are not eligible for supplemental energy payments pursuant to the Renewable Energy Resources Program (Chapter 8.6 (commencing with Section 25740) of Division 15 of the Public Resources Code), or a successor program. (d) Notwithstanding subdivision (e) of Section 399.12 and subdivisions (a) and (b), a hydroelectric generation facility that is an eligible renewable energy resource pursuant to this article as of January 1, 2010, shall not lose its eligibility if the facility causes a change in the volume or timing of streamflow required by license conditions approved pursuant to the Federal Power Act (Chapter 12 (commencing with Section 791a) of Title 16 of the United States Code) on or after January 1, 2010. (Amended by Stats. 2019, Ch. 497, Sec. 240. (AB 991) Effective January 1, 2020.)
  16. 399.12.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    Rules here govern biomethane procurement, tracking, and claim restrictions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.12.6. (a) (1) Any procurement of biomethane delivered through a common carrier pipeline under a contract executed by a retail seller or local publicly owned electric utility and reported to the Energy Commission prior to March 29, 2012, and otherwise eligible under the rules in place as of the date of contract execution shall count toward the procurement requirements established in this article, under the rules in place at the time the contract was executed, including the Fourth Edition of the Energy Commission’s Renewables Portfolio Standard Eligibility Guidebook, provided that those rules shall apply only to sources that are producing biomethane and injecting it into a common carrier pipeline on or before April 1, 2014. (2) The eligibility requirements of subdivision (b) shall apply beginning March 29, 2012, to any quantities of biomethane associated with any of the following: (A) An extension of the term of the original contract. (B) Any quantity of biomethane that exceeds the quantities of biomethane specified in the original contract. (C) Any optional quantities of biomethane that can be exercised at the discretion of the buyer. (D) Any change in the source or sources of biomethane identified in the original contract or the original application for certification submitted to the Energy Commission. (E) Any quantity of biomethane from a source not producing and capturing biomethane and injecting it into a common carrier pipeline on or before April 1, 2014. (F) The conditions of this paragraph shall apply beginning March 29, 2012. (b) For contracts initially executed on or after March 29, 2012, or for quantities of biomethane associated with contract amendments executed on or after March 29, 2012, the use of biomethane by a generating facility shall not qualify as an eligible renewable energy resource unless it satisfies all applicable requirements established by the Energy Commission and meets any of the following requirements: (1) The biomethane is used by an onsite generating facility. (2) The biomethane is used by an offsite generating facility and delivered to the generating facility through a dedicated pipeline. (3) The biomethane is delivered to a generating facility through a common carrier pipeline and meets all of the following requirements: (A) The source of biomethane injects the biomethane into a common carrier pipeline that physically flows within California or toward the generating facility for which the biomethane was procured under the original contract. (B) The source of biomethane did not inject biomethane into a common carrier pipeline prior to March 29, 2012, or the source commenced injection of sufficient incremental quantities of biomethane after March 29, 2012, to satisfy the contract requirements. (C) The seller or purchaser of the biomethane demonstrates that the capture and injection of biomethane into a common carrier pipeline directly results in at least one of the following environmental benefits to California: (i) The reduction or avoidance of the emission of any criteria air pollutant in California. (ii) The reduction or avoidance of pollutants that could have an adverse impact on waters of the state. (iii) The alleviation of a local nuisance within California that is associated with the emission of odors. (c) For all electricity products generated using biomethane that are credited toward the renewables portfolio standard procurement obligations established pursuant to this article, sufficient renewable and environmental attributes of biomethane production and capture shall be transferred to the retail seller or local publicly owned electric utility that uses that biomethane to ensure that there are zero net emissions associated with the production of electricity from the generating facility using the biomethane. The provisions of this subdivision shall be applied in a manner consistent with the definition of “green attributes” as specified by the commission in Decision 08-08-028, Decision on Definition and Attributes of Renewable Energy Credits for Compliance with the California Renewables Portfolio Standard (August 21, 2008), as may be modified by subsequent decision of the commission. (d) All sellers and purchasers of biomethane shall comply with a system for tracking and verifying the use of biomethane, as established by the Energy Commission, that is equivalent to the system required by subdivision (c) of Section 399.25. (e) For contracts initially executed on or after March 29, 2012, or for quantities of biomethane associated with contract amendments executed after March 29, 2012, the use of biomethane shall be assigned to the appropriate portfolio content category based on the application of the criteria in subdivision (b) of Section 399.16 to the procurement of electricity by the retail seller or local publicly owned electric utility from the generating facility consuming the biomethane. (f) A retail seller, local publicly owned electric utility, or an intermediary party to a biomethane procurement contract shall not make a marketing, regulatory, or retail claim that asserts that a biomethane procurement contract to which that entity was a party resulted, or will result, in greenhouse gas reductions related to the destruction of methane if the capture and destruction is required by law. If the capture and destruction of the biomethane is not required by law, a retail seller, local publicly owned electric utility, or an intermediary party to a biomethane procurement contract shall not make a marketing, regulatory, or retail claim that asserts that a biomethane procurement contract to which that entity was a party resulted, or will result, in greenhouse gas reductions related to the destruction of methane, unless the environmental attributes associated with the capture and destruction of the biomethane pursuant to that contract are transferred to the retail seller or publicly owned electric utility that purchased that biomethane and retired on behalf of the retail customers consuming the electricity associated with the use of that biomethane, or unless the biomethane procurement contract prohibits the source of biomethane from separately marketing the environmental attributes associated with the capture and destruction of the biomethane sold pursuant to that contract. These attributes shall be retired and may not be resold. (g) For the purposes of this section, “biomethane” means landfill gas or digester gas, consistent with Section 25741 of the Public Resources Code. (h) If any provision of this section or the application of any provision of this section is held invalid, biomethane delivered through a common carrier pipeline pursuant to a contract executed within 180 days of, or at any time subsequent to, the invalidation of that provision shall not qualify as an eligible renewable energy resource. (Added by Stats. 2012, Ch. 605, Sec. 2. (AB 2196) Effective January 1, 2013.)
  17. 399.13.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    The commission must oversee renewable energy procurement planning and reporting by electrical corporations and retail sellers, and certain procurement rules apply.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.13. (a) (1) The commission shall direct each electrical corporation to annually prepare a renewable energy procurement plan that includes the elements specified in paragraph (6), to satisfy its obligations under the renewables portfolio standard. To the extent feasible, this procurement plan shall be proposed, reviewed, and adopted by the commission as part of, and pursuant to, a general procurement plan process. The commission shall require each electrical corporation to review and update its renewable energy procurement plan as it determines to be necessary. The commission shall require all other retail sellers to prepare and submit renewable energy procurement plans that address the requirements identified in paragraph (6). (2) (A) Every electrical corporation that owns electrical transmission facilities shall annually prepare, as part of the Federal Energy Regulatory Commission Order 890 process, and submit to the commission, a report identifying any electrical transmission facility, upgrade, or enhancement that is reasonably necessary to achieve the renewables portfolio standard procurement requirements of this article. Each report shall look forward at least five years and, to ensure that adequate investments are made in a timely manner, shall include a preliminary schedule when an application for a certificate of public convenience and necessity will be made, pursuant to Chapter 5 (commencing with Section 1001), for any electrical transmission facility identified as being reasonably necessary to achieve the renewable energy resources procurement requirements of this article. Each electrical corporation that owns electrical transmission facilities shall ensure that project-specific interconnection studies are completed in a timely manner. (B) Each electrical corporation that owns electrical transmission facilities shall annually prepare, and submit to the commission, a report on any changes to previously reported in-service dates of transmission and interconnection facilities necessary to provide transmission deliverability to eligible renewable energy resources or energy storage resources that have executed interconnection agreements. The report shall be provided concurrently with each electrical corporation’s annual renewable energy procurement plan and identify the reason for any changes to the status of in-service dates. (3) The commission shall direct each retail seller to prepare and submit an annual compliance report that includes all of the following: (A) The current status and progress made during the prior year toward procurement of eligible renewable energy resources as a percentage of retail sales, including, if applicable, the status of any necessary siting and permitting approvals from federal, state, and local agencies for those eligible renewable energy resources procured by the retail seller, and the current status of compliance with the portfolio content requirements of subdivision (c) of Section 399.16, including procurement of eligible renewable energy resources located outside the state and within the WECC and unbundled renewable energy credits. (B) If the retail seller is an electrical corporation, the current status and progress made during the prior year toward construction of, and upgrades to, transmission and distribution facilities and other electrical system components it owns to interconnect eligible renewable energy resources and to supply the electricity generated by those resources to load, including the status of planning, siting, and permitting transmission facilities by federal, state, and local agencies. (C) Recommendations to remove impediments to making progress toward achieving the renewable energy resources procurement requirements established pursuant to this article. (4) The commission shall review each annual compliance report filed by a retail seller. The commission shall notify a retail seller if the commission has determined, based upon its review, that the retail seller may be at risk of not satisfying the renewable energy procurement requirements for the then-current or a future compliance period and shall provide recommendations in that circumstance regarding satisfying those requirements. (5) The commission shall adopt, by rulemaking, all of the following: (A) A process that provides criteria for the rank ordering and selection of least-cost and best-fit eligible renewable energy resources to comply with the California Renewables Portfolio Standard Program obligations on a total cost and best-fit basis. This process shall take into account all of the following: (i) Estimates of indirect costs associated with needed transmission investments. (ii) The cost impact of procuring the eligible renewable energy resources on the electrical corporation’s electricity portfolio. (iii) The viability of the project to construct and reliably operate the eligible renewable energy resource, including the developer’s experience, the feasibility of the technology used to generate electricity, and the risk that the facility will not be built, or that construction will be delayed, with the result that electricity will not be supplied as required by the contract. (iv) Workforce recruitment, training, and retention efforts, including the employment growth associated with the construction and operation of eligible renewable energy resources and goals for recruitment and training of women, minorities, and disabled veterans. (v) (I) Estimates of electrical corporation expenses resulting from integrating and operating eligible renewable energy resources, including, but not limited to, any additional wholesale energy and capacity costs associated with integrating each eligible renewable resource. (II) No later than December 31, 2015, the commission shall approve a methodology for determining the integration costs described in subclause (I). (vi) Consideration of any statewide greenhouse gas emissions limit established pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (vii) Consideration of capacity and system reliability of the eligible renewable energy resource to ensure grid reliability. (B) Rules permitting retail sellers to accumulate, beginning January 1, 2011, excess procurement in one compliance period to be applied to any subsequent compliance period. The rules shall apply equally to all retail sellers. In determining the quantity of excess procurement for the applicable compliance period, the commission shall retain the rules adopted by the commission and in effect as of January 1, 2015, for the compliance period specified in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (b) of Section 399.15. For any subsequent compliance period, the rules shall allow the following: (i) For electricity products meeting the portfolio content requirements of paragraph (1) of subdivision (b) of Section 399.16, contracts of any duration may count as excess procurement. (ii) Electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 shall not be counted as excess procurement. Contracts of any duration for electricity products meeting the portfolio content requirements of paragraph (2) or (3) of subdivision (b) of Section 399.16 that are credited towards a compliance period shall not be deducted from a retail seller’s procurement for purposes of calculating excess procurement. (iii) If a retail seller notifies the commission that it will comply with the provisions of subdivision (b) for the compliance period beginning January 1, 2017, the provisions of clauses (i) and (ii) shall take effect for that retail seller for that compliance period. (C) Standard terms and conditions to be used by all electrical corporations in contracting for eligible renewable energy resources, including performance requirements for renewable generators. A contract for the purchase of electricity generated by an eligible renewable energy resource, at a minimum, shall include the renewable energy credits associated with all electricity generation specified under the contract. The standard terms and conditions shall include the requirement that, no later than six months after the commission’s approval of an electricity purchase agreement entered into pursuant to this article, the following information about the agreement shall be disclosed by the commission: party names, resource type, project location, and project capacity. (D) An appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables portfolio standard to mitigate the risk that renewable projects planned or under contract are delayed or canceled. This paragraph does not preclude an electrical corporation from voluntarily proposing a margin of procurement above the appropriate minimum margin established by the commission. (6) Consistent with the goal of increasing California’s reliance on eligible renewable energy resources, the renewable energy procurement plan shall include all of the following: (A) An assessment of annual or multiyear portfolio supplies and demand to determine the optimal mix of eligible renewable energy resources with deliverability characteristics that may include peaking, dispatchable, baseload, firm, and as-available capacity. (B) Potential compliance delays related to the conditions described in paragraph (5) of subdivision (b) of Section 399.15. (C) A bid solicitation setting forth the need for eligible renewable energy resources of each deliverability characteristic, required online dates, and locational preferences, if any. (D) A status update on the development schedule of all eligible renewable energy resources currently under contract. (E) Consideration of mechanisms for price adjustments associated with the costs of key components for eligible renewable energy resource projects with online dates more than 24 months after the date of contract execution. (F) An assessment of the risk that an eligible renewable energy resource will not be built, or that construction will be delayed, with the result that electricity will not be delivered as required by the contract. (7) In soliciting and procuring eligible renewable energy resources, each electrical corporation shall offer contracts of no less than 10 years duration, unless the commission approves of a contract of shorter duration. (8) (A) In soliciting and procuring eligible renewable energy resources for California-based projects, each electrical corporation shall give preference to renewable energy projects that provide environmental and economic benefits to communities afflicted with poverty or high unemployment, or that suffer from high emission levels of toxic air contaminants, criteria air pollutants, and greenhouse gases. (B) Subparagraph (A) applies to all procurement of eligible renewable energy resources for California-based projects, whether the procurement occurs through all-source requests for offers, eligible renewable resources only requests for offers, or other procurement mechanisms. This subparagraph is declaratory of existing law. (9) In soliciting and procuring eligible renewable energy resources, each retail seller shall consider the best-fit attributes of resource types that ensure a balanced resource mix to maintain the reliability of the electrical grid. (b) (1) A retail seller may enter into a combination of long- and short-term contracts for electricity and associated renewable energy credits. Beginning January 1, 2021, at least 65 percent of the procurement a retail seller counts toward the renewables portfolio standard requirement of each compliance period shall be from its contracts of 10 years or more in duration or in its ownership or ownership agreements for eligible renewable energy resources. (2) In demonstrating compliance with paragraph (1), a retail seller may rely on contracts of 10 years or more in duration or ownership agreements entered into before January 1, 2019, directly by its direct access, as described in Section 365.1, nonprofit educational institution end-use customer for eligible renewable energy resources located in front of the customer meter to satisfy the portion of the compliance requirement attributable to the retail sales to that end-use customer. A retail seller shall furnish to the commission documentation deemed necessary by the commission to verify compliance with this paragraph. (c) The commission shall review and accept, modify, or reject each electrical corporation’s renewable energy resource procurement plan prior to the commencement of renewable energy procurement pursuant to this article by an electrical corporation. The commission shall assess adherence to the approved renewable energy resource procurement plans in determining compliance with the obligations of this article. (d) Unless previously preapproved by the commission, an electrical corporation shall submit a contract for the generation of an eligible renewable energy resource to the commission for review and approval consistent with an approved renewable energy resource procurement plan. If the commission determines that the bid prices are elevated due to a lack of effective competition among the bidders, the commission shall direct the electrical corporation to renegotiate the contracts or conduct a new solicitation. (e) If an electrical corporation fails to comply with a commission order adopting a renewable energy resource procurement plan, the commission shall exercise its authority to require compliance. (f) (1) The commission may authorize a procurement entity to enter into contracts on behalf of customers of a retail seller for electricity products from eligible renewable energy resources to satisfy the retail seller’s renewables portfolio standard procurement requirements. The commission shall not require any person or corporation to act as a procurement entity or require any party to purchase eligible renewable energy resources from a procurement entity. (2) Subject to review and approval by the commission, the procurement entity shall be permitted to recover reasonable administrative and procurement costs through the retail rates of end-use customers that are served by the procurement entity and are directly benefiting from the procurement of eligible renewable energy resources. (g) Procurement and administrative costs associated with contracts entered into by an electrical corporation for eligible renewable energy resources pursuant to this article and approved by the commission are reasonable and prudent and shall be recoverable in rates. (Amended by Stats. 2022, Ch. 229, Sec. 1. (SB 1174) Effective January 1, 2023.)
  18. 399.14.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    An electrical corporation may apply to the commission to build, own, and operate an eligible renewable energy resource, and the commission must approve qualifying applications until the 8.25% sales benchmark is reached.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.14. (a) (1) An electrical corporation, pursuant to Chapter 5 (commencing with Section 1001), and in order to meet its unmet renewables portfolio standard procurement requirements, may apply to the commission for approval to construct, own, and operate an eligible renewable energy resource. (2) If the proposed eligible renewable energy resource complies with the requirements of subdivision (b), the commission shall approve an application filed pursuant to paragraph (1), until the commission has approved applications for eligible renewable energy resources for the electrical corporation that, when constructed and operating, will provide 8.25 percent of the electrical corporation’s anticipated retail sales by December 31, 2020, and thereafter. (3) The commission may approve additional applications for eligible renewable energy resources once the commission has approved sufficient applications for eligible renewable energy resources for the electrical corporation that, when constructed and operating, will provide 8.25 percent of the electrical corporation’s anticipated retail sales by December 31, 2020, and thereafter. (b) The commission shall not approve any application by an electrical corporation pursuant to subdivision (a) unless both of the following conditions are met: (1) The eligible renewable energy resource utilizes a viable technology at a reasonable cost. (2) The eligible renewable energy resource provides comparable or superior value to ratepayers when compared to then recent contracts for generation provided by eligible renewable energy resources. (c) In approving any application by an electrical corporation for approval to construct, own, and operate an eligible renewable energy resource, the commission shall apply traditional cost-of-service ratemaking. When applying traditional cost-of-service ratemaking, the commission, in the certificate authorizing the new construction, shall specify the maximum cost determined to be reasonable and prudent for the construction of the facility and the cost of initial operation of the facility. Upon a filing by the electrical corporation, the commission may authorize an increase in the maximum cost of construction if it determines that the cost has in fact increased, that the cost increase is determined to be reasonable and prudent, and that the present or future public convenience or necessity require construction of the project at the increased cost. (Repealed and added by Stats. 2011, 1st Ex. Sess., Ch. 1, Sec. 18. (SB 2 1x) Effective December 10, 2011.)
  19. 399.15.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    The commission must set and oversee renewable energy procurement requirements for retail sellers, and retail sellers must buy specified amounts of eligible renewable energy each compliance period.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.15. (a) In order to fulfill unmet long-term resource needs, the commission shall establish a renewables portfolio standard requiring all retail sellers to procure a minimum quantity of electricity products from eligible renewable energy resources as a specified percentage of total kilowatthours sold to their retail end-use customers each compliance period to achieve the targets established under this article. For any retail seller procuring at least 14 percent of retail sales from eligible renewable energy resources in 2010, the deficits associated with any previous renewables portfolio standard shall not be added to any procurement requirement pursuant to this article. (b) The commission shall implement renewables portfolio standard procurement requirements only as follows: (1) Each retail seller shall procure a minimum quantity of eligible renewable energy resources for each of the following compliance periods: (A) January 1, 2011, to December 31, 2013, inclusive. (B) January 1, 2014, to December 31, 2016, inclusive. (C) January 1, 2017, to December 31, 2020, inclusive. (D) January 1, 2021, to December 31, 2024, inclusive. (E) January 1, 2025, to December 31, 2027, inclusive. (F) January 1, 2028, to December 31, 2030, inclusive. (2) (A) No later than January 1, 2017, the commission shall establish the quantity of electricity products from eligible renewable energy resources to be procured by the retail seller for each compliance period. These quantities shall be established in the same manner for all retail sellers and result in the same percentages used to establish compliance period quantities for all retail sellers. (B) In establishing quantities for the compliance period from January 1, 2011, to December 31, 2013, inclusive, the commission shall require procurement for each retail seller equal to an average of 20 percent of retail sales. For the following compliance periods, the quantities shall reflect reasonable progress in each of the intervening years sufficient to ensure that the procurement of electricity products from eligible renewable energy resources achieves 25 percent of retail sales by December 31, 2016, 33 percent by December 31, 2020, 44 percent by December 31, 2024, 52 percent by December 31, 2027, and 60 percent by December 31, 2030. The commission shall establish appropriate three-year compliance periods for all subsequent years that require retail sellers to procure not less than 60 percent of retail sales of electricity products from eligible renewable energy resources. (C) Retail sellers shall be obligated to procure no less than the quantities associated with all intervening years by the end of each compliance period. Retail sellers shall not be required to demonstrate a specific quantity of procurement for any individual intervening year. (3) The commission may require the procurement of eligible renewable energy resources in excess of the quantities specified in paragraph (2). (4) Only for purposes of establishing the renewables portfolio standard procurement requirements of paragraph (1) and determining the quantities pursuant to paragraph (2), the commission shall include all electricity sold to retail customers by the Department of Water Resources pursuant to Division 27 (commencing with Section 80000) of the Water Code in the calculation of retail sales by an electrical corporation. (5) The commission shall waive enforcement of this section if it finds that the retail seller has demonstrated any of the following conditions are beyond the control of the retail seller and will prevent compliance: (A) There is inadequate transmission capacity to allow for sufficient electricity to be delivered from proposed eligible renewable energy resource projects using the current operational protocols of the Independent System Operator. In making its findings relative to the existence of this condition with respect to a retail seller that owns transmission lines, the commission shall consider both of the following: (i) Whether the retail seller has undertaken, in a timely fashion, reasonable measures under its control and consistent with its obligations under local, state, and federal laws and regulations, to develop and construct new transmission lines or upgrades to existing lines intended to transmit electricity generated by eligible renewable energy resources. In determining the reasonableness of a retail seller’s actions, the commission shall consider the retail seller’s expectations for full-cost recovery for these transmission lines and upgrades. (ii) Whether the retail seller has taken all reasonable operational measures to maximize cost-effective deliveries of electricity from eligible renewable energy resources in advance of transmission availability. (B) Permitting, interconnection, or other circumstances that delay procured eligible renewable energy resource projects, or there is an insufficient supply of eligible renewable energy resources available to the retail seller. In making a finding that this condition prevents timely compliance, the commission shall consider whether the retail seller has done all of the following: (i) Prudently managed portfolio risks, including relying on a sufficient number of viable projects. (ii) Sought to develop one of the following: its own eligible renewable energy resources, transmission to interconnect to eligible renewable energy resources, or energy storage used to integrate eligible renewable energy resources. This clause shall not require an electrical corporation to pursue development of eligible renewable energy resources pursuant to Section 399.14. (iii) Procured an appropriate minimum margin of procurement above the minimum procurement level necessary to comply with the renewables portfolio standard to compensate for foreseeable delays or insufficient supply. (iv) Taken reasonable measures, under the control of the retail seller, to procure cost-effective distributed generation and allowable unbundled renewable energy credits. (C) Unanticipated curtailment of eligible renewable energy resources if the waiver would not result in an increase in greenhouse gas emissions. (D) Unanticipated increase in retail sales due to transportation electrification. In making a finding that this condition prevents timely compliance, the commission shall consider both of the following: (i) Whether transportation electrification significantly exceeded forecasts in that retail seller’s service territory based on the best and most recently available information filed with the State Air Resources Board, the Energy Commission, or another state agency. (ii) Whether the retail seller has taken reasonable measures to procure sufficient resources to account for unanticipated increases in retail sales due to transportation electrification. (6) If the commission waives the compliance requirements of this section, the commission shall establish additional reporting requirements on the retail seller to demonstrate that all reasonable actions under the control of the retail seller are taken in each of the intervening years sufficient to satisfy future procurement requirements. (7) The commission shall not waive enforcement pursuant to this section, unless the retail seller demonstrates that it has taken all reasonable actions under its control, as set forth in paragraph (5), to achieve full compliance. (8) If a retail seller fails to procure sufficient eligible renewable energy resources to comply with a procurement requirement pursuant to paragraphs (1) and (2) and fails to obtain an order from the commission waiving enforcement pursuant to paragraph (5), the commission shall assess penalties for noncompliance. A schedule of penalties shall be adopted by the commission that shall be comparable for electrical corporations and other retail sellers. For electrical corporations, the cost of any penalties shall not be collected in rates. Any penalties collected under this article shall be deposited into the Electric Program Investment Charge Fund and used for the purposes described in Chapter 8.1 (commencing with Section 25710) of Division 15 of the Public Resources Code. (9) Deficits associated with the compliance period shall not be added to a future compliance period. (c) The commission shall establish a limitation for each electrical corporation on the procurement expenditures for all eligible renewable energy resources used to comply with the renewables portfolio standard. This limitation shall be set at a level that prevents disproportionate rate impacts. (d) If the cost limitation for an electrical corporation is insufficient to support the projected costs of meeting the renewables portfolio standard procurement requirements, the electrical corporation may refrain from entering into new contracts or constructing facilities beyond the quantity that can be procured within the limitation, unless eligible renewable energy resources can be procured without exceeding a de minimis increase in rates, consistent with the long-term procurement plan established for the electrical corporation pursuant to Section 454.5. (e) (1) The commission shall monitor the status of the cost limitation for each electrical corporation in order to ensure compliance with this article. (2) If the commission determines that an electrical corporation may exceed its cost limitation prior to achieving the renewables portfolio standard procurement requirements, the commission shall do both of the following within 60 days of making that determination: (A) Investigate and identify the reasons why the electrical corporation may exceed its annual cost limitation. (B) Notify the appropriate policy and fiscal committees of the Legislature that the electrical corporation may exceed its cost limitation, and include the reasons why the electrical corporation may exceed its cost limitation. (f) The establishment of a renewables portfolio standard shall not constitute implementation by the commission of the federal Public Utility Regulatory Policies Act of 1978 (Public Law 95-617). (Amended by Stats. 2018, Ch. 312, Sec. 3. (SB 100) Effective January 1, 2019.)
  20. 399.16.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    Retail sellers must meet specified renewable procurement content percentages for each compliance period, and the commission may reduce those requirements only within stated limits.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.16. (a) Various electricity products from eligible renewable energy resources located within the WECC transmission network service area shall be eligible to comply with the renewables portfolio standard procurement requirements in Section 399.15. These electricity products may be differentiated by their impacts on the operation of the grid in supplying electricity, as well as meeting the requirements of this article. (b) Consistent with the goals of procuring the least-cost and best-fit electricity products from eligible renewable energy resources that meet project viability principles adopted by the commission pursuant to paragraph (5) of subdivision (a) of Section 399.13 and that provide the benefits set forth in Section 399.11, a balanced portfolio of eligible renewable energy resources shall be procured consisting of the following portfolio content categories: (1) Eligible renewable energy resource electricity products that meet either of the following criteria: (A) Have a first point of interconnection with a California balancing authority, have a first point of interconnection with distribution facilities used to serve end users within a California balancing authority area, or are scheduled from the eligible renewable energy resource into a California balancing authority without substituting electricity from another source. The use of another source to provide real-time ancillary services required to maintain an hourly or subhourly import schedule into a California balancing authority shall be permitted, but only the fraction of the schedule actually generated by the eligible renewable energy resource shall count toward this portfolio content category. (B) Have an agreement to dynamically transfer electricity to a California balancing authority. (2) Firmed and shaped eligible renewable energy resource electricity products providing incremental electricity and scheduled into a California balancing authority. (3) Eligible renewable energy resource electricity products, or any fraction of the electricity generated, including unbundled renewable energy credits, that do not qualify under the criteria of paragraph (1) or (2). (c) In order to achieve a balanced portfolio, all retail sellers shall meet the following requirements for all procurement credited toward each compliance period: (1) Not less than 50 percent for the compliance period ending December 31, 2013, 65 percent for the compliance period ending December 31, 2016, and 75 percent for each compliance period thereafter, of the eligible renewable energy resource electricity products associated with contracts executed after June 1, 2010, shall meet the product content requirements of paragraph (1) of subdivision (b). (2) Not more than 25 percent for the compliance period ending December 31, 2013, 15 percent for the compliance period ending December 31, 2016, and 10 percent for each compliance period thereafter, of the eligible renewable energy resource electricity products associated with contracts executed after June 1, 2010, shall meet the product content requirements of paragraph (3) of subdivision (b). (3) Any renewable energy resources contracts executed on or after June 1, 2010, not subject to the limitations of paragraph (1) or (2), shall meet the product content requirements of paragraph (2) of subdivision (b). (4) For purposes of electric service providers only, the restrictions in this subdivision on crediting eligible renewable energy resource electricity products to each compliance period shall apply to contracts executed after January 13, 2011. (d) Any contract or ownership agreement originally executed prior to June 1, 2010, shall count in full toward the procurement requirements established pursuant to this article, if all of the following conditions are met: (1) The renewable energy resource was eligible under the rules in place as of the date when the contract was executed. (2) For an electrical corporation, the contract has been approved by the commission, even if that approval occurs after June 1, 2010. (3) Any contract amendments or modifications occurring after June 1, 2010, do not increase the nameplate capacity or expected quantities of annual generation, or substitute a different renewable energy resource. The duration of the contract may be extended if the original contract specified a procurement commitment of 15 or more years. (e) A retail seller may apply to the commission for a reduction of a procurement content requirement of subdivision (c). The commission may reduce a procurement content requirement of subdivision (c) to the extent the retail seller demonstrates that it cannot comply with that subdivision because of conditions beyond the control of the retail seller as provided in paragraph (5) of subdivision (b) of Section 399.15. The commission shall not, under any circumstance, reduce the obligation specified in paragraph (1) of subdivision (c) below 65 percent for any compliance period obligation after December 31, 2016. (Amended by Stats. 2019, Ch. 401, Sec. 2. (SB 155) Effective January 1, 2020.)
  21. 399.16.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    The commission and the Energy Commission must coordinate to revise relevant rules, regulations, or guidance so the shift to a regional energy market does not broaden which transactions qualify under the portfolio content category rules.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.16.5. The commission and the Energy Commission shall coordinate to revise any relevant rules, regulations, or guidance to ensure that the transition to a regional energy market governed by the Independent System Operator or the independent regional organization described in Section 345.6 does not expand the types of transactions that meet the portfolio content category requirements of paragraph (1) of subdivision (b) of Section 399.16, as compared to the transactions that would meet those requirements on December 31, 2025. (Added by Stats. 2025, Ch. 116, Sec. 9. (AB 825) Effective January 1, 2026.)
  22. 399.17.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    This section limits which small electrical corporations and qualifying successor entities are covered, and lets them use certain renewable electricity for compliance if specified conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.17. (a) (1) Subject to this section, the requirements of this article apply to an electrical corporation that as of January 1, 2010, had 60,000 or fewer customer accounts in California and met either of the following requirements: (A) Served retail end-use customers outside California. (B) Was located in a control area that is not under the operational balancing authority of the Independent System Operator or other California balancing authority and receives the majority of its electrical requirements from generating facilities located outside of California. (2) This section applies to a successor entity to all or a portion of the service territory of an electrical corporation meeting the requirements of paragraph (1), but only to the extent that the successor entity will have 60,000 or fewer customer accounts in California. (b) For an electrical corporation or qualifying successor entity meeting the requirements of subdivision (a), electricity products from eligible renewable energy resources may be used for compliance with the renewables portfolio standard procurement requirements notwithstanding any procurement content limitation in Section 399.16 and an eligible renewable energy resource includes a facility that is located outside California, if the facility is connected to the WECC transmission system, provided all of the following conditions are met: (1) Any portion of the electricity generated by the facility and allocated by the electrical corporation or qualifying successor entity for its California customers, and is not used to fulfill renewable energy procurement requirements in other states. (2) The electrical corporation or qualifying successor entity participates in, and complies with, the accounting system administered by the Energy Commission pursuant to subdivision (b) of Section 399.25. (3) The Energy Commission verifies that the electricity generated by the facility is eligible to meet the procurement requirements of this article. (c) The commission shall determine the procurement requirements for an electrical corporation or qualifying successor entity meeting the requirements of subdivision (a) as a specified percentage of total kilowatthours sold by the electrical corporation to its retail end-use customers in California in a compliance period. (d) An electrical corporation or qualifying successor entity meeting the requirements of subdivision (a) may use an integrated resource plan prepared in compliance with the requirements of another state utility regulatory commission, to fulfill the requirement to prepare a renewable energy procurement plan pursuant to this article, provided the plan meets the requirements of Sections 399.13, 399.14, and 399.25, as modified by this section. (e) Procurement and administrative costs associated with long-term contracts for eligible renewable energy resources pursuant to this article entered into by an electrical corporation or qualifying successor entity meeting the requirements of subdivision (a) and approved by the commission, are reasonable and prudent and shall be recoverable in rates of the electrical corporation or its successor’s California customers, provided the costs are not recoverable in rates in other states served by the electrical corporation. (f) Procurement expenditures for electricity products from eligible renewable energy resources pursuant to this section by an electrical corporation or successor entity meeting the requirements of subdivision (a) shall be subject to a limitation on procurement expenditures established by the commission pursuant to subdivision (c) of Section 399.15. (Repealed and added by Stats. 2011, 1st Ex. Sess., Ch. 1, Sec. 24. (SB 2 1x) Effective December 10, 2011.)
  23. 399.18.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    Some electrical corporations may use electricity from eligible renewable energy resources to comply with this article if specific conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.18. (a) This section applies to an electrical corporation that as of January 1, 2010, met either of the following conditions: (1) Served 30,000 or fewer customer accounts in California and had issued at least four solicitations for eligible renewable energy resources prior to June 1, 2010. (2) Had 1,000 or fewer customer accounts in California and was not connected to any transmission system or to the Independent System Operator. (b) For an electrical corporation or its successor, electricity products from eligible renewable energy resources may be used for compliance with this article, notwithstanding any procurement content limitation in Section 399.16, provided that all of the following conditions are met: (1) The electrical corporation or its successor participates in, and complies with, the accounting system administered by the Energy Commission pursuant to subdivision (b) of Section 399.25. (2) The Energy Commission verifies that the electricity generated by the facility is eligible to meet the requirements of Section 399.15. (3) The electrical corporation continues to satisfy either of the conditions described in subdivision (a). (Amended by Stats. 2015, Ch. 547, Sec. 22. (SB 350) Effective January 1, 2016.)
  24. 399.19.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    The commission must extend and modify the biomethane project incentive program, with higher project caps and a special higher cap for dairy cluster biomethane projects.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.19. (a) The commission shall modify, and extend until December 31, 2026, or until all available program funds are expended, whichever occurs first, the monetary incentive program for biomethane projects adopted in Decision 15-06-029 (June 11, 2015), Decision Regarding the Costs of Compliance with Decision 14-01-034 and Adoption of Biomethane Promotion Policies and Program, as follows: (1) Except for a dairy cluster biomethane project, the total available incentive limitation for a project shall be increased from one million five hundred thousand dollars ($1,500,000) to three million dollars ($3,000,000). (2) For a dairy cluster biomethane project, the total available incentive limitation shall be raised to five million dollars ($5,000,000), which may be used for interconnection costs and costs incurred for gathering lines to help reduce emissions of short-lived climate pollutants pursuant to Section 39730 of the Health and Safety Code. For purposes of this subdivision, a dairy cluster biomethane project means a biomethane project of three or more dairies in close proximity to one another employing multiple facilities for the capture of biogas that is transported by multiple gathering lines to a centralized processing facility where the biogas is processed to meet the biomethane standards adopted by the commission pursuant to subdivisions (c) and (d), or updated pursuant to subdivision (e), of Section 25421 of the Health and Safety Code and injected into the pipeline of the gas corporation through a single interconnection. (b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. (Amended by Stats. 2020, Ch. 370, Sec. 249. (SB 1371) Effective January 1, 2021. Repealed as of January 1, 2027, by its own provisions.)
  25. 399.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. )

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    Electrical corporations must keep operating their electric distribution grids in their service territories safely, reliably, efficiently, and cost-effectively, and must inform certain residential-service callers about CARE and accept CARE applications under commission procedures.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. ) ## 399.2. (a) (1) It is the policy of this state, and the intent of the Legislature, to reaffirm that each electrical corporation shall continue to operate its electric distribution grid in its service territory and shall do so in a safe, reliable, efficient, and cost-effective manner. (2) In furtherance of this policy, it is the intent of the Legislature that each electrical corporation shall continue to be responsible for operating its own electric distribution grid including, but not limited to, owning, controlling, operating, managing, maintaining, planning, engineering, designing, and constructing its own electric distribution grid, emergency response and restoration, service connections, service turnons and turnoffs, and service inquiries relating to the operation of its electric distribution grid, subject to the commission’s authority. (b) In order to ensure the continued efficient use, and cost-effective, safe, and reliable operation of the electric distribution grid, each electrical corporation shall continue to operate its electric distribution grid in its service territory consistent with Section 330. (c) In carrying out the purposes of this section, each electrical corporation shall continue to make reasonable investments in its electric distribution grid. Each electrical corporation shall continue to have a reasonable opportunity to fully recover from all customers of the electrical corporation, in a manner determined by the commission pursuant to this code, all of the following: (1) Reasonable investments in its electric distribution grid. (2) A reasonable return on the investments in its electric distribution grid. (3) Reasonable costs to operate its electric distribution grid. (d) For purposes of this section, the term “electric distribution grid” means those facilities owned or operated by an electrical corporation that are not under the control of the Independent System Operator and that are used to transmit, deliver, or furnish electricity for light, heat, or power. (e) Nothing in this section shall be construed to alter or to affect any of the following: (1) Section 216, 218, or 2827. (2) The authority of the commission to establish and enforce standards and tariff conditions for the interconnection of customer-owned facilities to the electric distribution grid. (3) The ratemaking authority of the commission under this code. (4) The authority of the commission to establish rules governing the extension of service to new customers. (f) Nothing in this section shall be construed to alter or affect any authority or lack of authority of the commission regarding the ownership and operation of new electric generation used in whole, or in part, for the purpose of maintaining or enhancing the reliability of the electric distribution grid. (g) Nothing in this section diminishes or expands any existing authority of a local governmental entity. (h) The commission shall require every electrical corporation operating an electric distribution grid to inform all customers who request residential service connections via telephone of the availability of the California Alternative Rates for Energy (CARE) program and how they may qualify for and obtain these services and shall accept applications for the CARE program according to procedures specified by the commission. Electrical corporations shall recover the reasonable costs of implementing this subdivision. (Added by Stats. 2000, Ch. 1050, Sec. 4. Effective January 1, 2001.)
  26. 399.2.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. )

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    The commission must take feasible steps to make certain transmission costs show up in retail rates, and it may approve advice letters for some transmission cost recovery before deciding the facility is needed, if the stated conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. ) ## 399.2.5. (a) Notwithstanding Sections 1001 to 1013, inclusive, an application of an electrical corporation for a certificate authorizing the construction of new transmission facilities is necessary to the provision of electric service if the commission finds that the new facility is necessary to facilitate achievement of the renewables portfolio standard established in Article 16 (commencing with Section 399.11). (b) With respect to a transmission facility described in subdivision (a), the commission shall take all feasible actions to ensure that the transmission rates established by the Federal Energy Regulatory Commission are fully reflected in any retail rates established by the commission. These actions shall include all of the following: (1) Making findings, where supported by an evidentiary record, that those transmission facilities provide benefit to the transmission network and are necessary to facilitate the achievement of the renewables portfolio standard established in Article 16 (commencing with Section 399.11). (2) Directing the utility to which the generator will be interconnected, where the direction is not preempted by federal law, to seek the recovery through general transmission rates of the costs associated with the transmission facilities. (3) Asserting the positions described in paragraphs (1) and (2) to the Federal Energy Regulatory Commission in appropriate proceedings. (4) Allowing recovery in retail rates of any increase in transmission costs incurred by an electrical corporation resulting from the construction of the transmission facilities that are not approved for recovery in transmission rates by the Federal Energy Regulatory Commission after the commission determines that the costs were prudently incurred. (c) (1) The commission, prior to making a finding pursuant to subdivision (a), may approve an advice letter from an electrical corporation seeking, for a specific transmission project, a finding of eligibility for cost recovery pursuant to paragraph (4) of subdivision (b), if the electrical corporation certifies in the advice letter, in a form prescribed by the commission, that it expects that the facility will be necessary to facilitate achievement of the renewables portfolio standard established pursuant to Article 16 (commencing with Section 399.11). The electrical corporation’s ultimate recovery of construction costs shall be contingent upon the commission finding, pursuant to subdivision (a), that the facility is necessary to facilitate achievement of the renewables portfolio standard and that the costs were prudently incurred. (2) Prior to making a finding pursuant to subdivision (a), the commission may approve an advice letter from an electrical corporation requesting retail rate cost recovery for costs incurred prior to permitting or certification for potential transmission facilities if the electrical corporation certifies in the advice letter, in a form prescribed by the commission, that it expects that the facility will be necessary to facilitate achievement of the renewables portfolio standard established pursuant to Article 16 (commencing with Section 399.11). The electrical corporation’s ultimate recovery of costs incurred prior to permitting or certification shall be contingent upon the commission finding that the electrical corporation administered the approved costs reasonably and prudently. (3) Any commission determination pursuant to this subdivision is not binding upon the commission when determining the need for the transmission facilities pursuant to Chapter 5 (commencing with Section 1001) or Article 16 (commencing with Section 399.11). (d) Any cost recovery pursuant to subdivision (b) or (c) shall be limited to costs that are not approved for recovery in transmission rates by the Federal Energy Regulatory Commission. (Amended by Stats. 2010, Ch. 460, Sec. 1. (AB 1954) Effective January 1, 2011.)
  27. 399.20.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    This section sets rules for renewable-energy tariffs, interconnection, reporting, and procurement for electrical corporations and related facility owners or operators.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.20. (a) (1) It is the policy of this state and the intent of the Legislature to encourage electrical generation from eligible renewable energy resources. (2) Paragraph (5) of subdivision (f) is appropriate because the program is a fixed-price feed-in tariff program with no pricing discretion. (3) This section does not authorize cost recovery by an entity other than an electrical corporation regulated by the commission, except for the procurement authorized in paragraph (5) of subdivision (f). (b) As used in this section, “electric generation facility” means an electric generation facility located within the service territory of an electrical corporation, and developed to sell electricity to, an electrical corporation or, for a bioenergy electric generation facility, to an electrical corporation or a community choice aggregator that provides electric service within the service territory of the electrical corporation that meets all of the following criteria: (1) Has an effective capacity of not more than three megawatts, with the exception of those facilities participating in a tariff made available pursuant to paragraph (2) of subdivision (f). (2) Is interconnected and operates in parallel with the electrical transmission and distribution grid. (3) (A) Except as provided in subparagraph (B), is strategically located and interconnected to the electrical transmission and distribution grid in a manner that optimizes the deliverability of electricity generated at the facility to load centers. (B) For purposes of paragraph (2) of subdivision (f), is strategically located and interconnected to the electrical transmission and distribution grid in a manner that optimizes the deliverability of electricity generated at the facility to load centers or is interconnected to an existing transmission line. (4) Is an eligible renewable energy resource. (c) Every electrical corporation shall file with the commission a standard tariff for electricity purchased from an electric generation facility. The commission may modify or adjust the requirements of this section for any electrical corporation with less than 100,000 service connections, as individual circumstances merit. (d) (1) The tariff shall provide for payment for every kilowatthour of electricity purchased from an electric generation facility for a period of 10, 15, or 20 years, as authorized by the commission. The payment shall be the market price determined by the commission pursuant to paragraph (2) and shall include all current and anticipated environmental compliance costs, including, but not limited to, mitigation of emissions of greenhouse gases and air pollution offsets associated with the operation of new generating facilities in the local air pollution control or air quality management district where the electric generation facility is located. (2) The commission shall establish a methodology to determine the market price of electricity for terms corresponding to the length of contracts with an electric generation facility, in consideration of the following: (A) The long-term market price of electricity for fixed price contracts, determined pursuant to an electrical corporation’s general procurement activities as authorized by the commission. (B) The long-term ownership, operating, and fixed-price fuel costs associated with fixed-price electricity from new generating facilities. (C) The value of different electricity products including baseload, peaking, and as-available electricity. (3) The commission may adjust the payment rate to reflect the value of every kilowatthour of electricity generated on a time-of-delivery basis. (4) The commission shall ensure, with respect to rates and charges, that ratepayers that do not receive service pursuant to the tariff are indifferent to whether a ratepayer with an electric generation facility receives service pursuant to the tariff. (e) An electrical corporation shall provide expedited interconnection procedures to an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit, if the electrical corporation determines that the electric generation facility will not adversely affect the distribution grid. The commission shall consider and may establish a value for an electric generation facility located on a distribution circuit that generates electricity at a time and in a manner so as to offset the peak demand on the distribution circuit. (f) (1) An electrical corporation shall make the tariff available to the owner or operator of an electric generation facility within the service territory of the electrical corporation, upon request, on a first-come-first-served basis, until the electrical corporation meets its proportionate share of a statewide cap of 750 megawatts cumulative rated generation capacity served under this section and Section 399.32. The proportionate share shall be calculated based on the ratio of the electrical corporation’s peak demand compared to the total statewide peak demand. (2) By June 1, 2013, the commission shall, in addition to the 750 megawatts identified in paragraph (1), direct the electrical corporations to collectively procure at least 250 megawatts of cumulative rated generating capacity from developers of bioenergy projects that commence operation on or after June 1, 2013. The commission shall, for each electrical corporation, allocate shares of the additional 250 megawatts based on the ratio of each electrical corporation’s peak demand compared to the total statewide peak demand. In implementing this paragraph, the commission shall do all of the following: (A) Allocate the 250 megawatts identified in this paragraph among the electrical corporations based on the following categories: (i) For biogas from wastewater treatment, municipal organic waste diversion, food processing, and codigestion, 110 megawatts. (ii) For dairy and other agricultural bioenergy, 90 megawatts. (iii) For bioenergy using byproducts of sustainable forest management, 50 megawatts. Allocations under this category shall be determined based on the proportion of bioenergy that sustainable forest management providers derive from sustainable forest management in fire threat treatment areas, as designated by the Department of Forestry and Fire Protection. (B) Direct the electrical corporations to develop standard contract terms and conditions that reflect the operational characteristics of the projects, and to provide a streamlined contracting process. (C) Coordinate, to the maximum extent feasible, any incentive or subsidy programs for bioenergy with the agencies listed in subparagraph (A) of paragraph (3) in order to provide maximum benefits to ratepayers and to ensure that incentives are used to reduce contract prices. (D) The commission shall encourage gas and electrical corporations to develop and offer programs and services to facilitate development of in-state biogas for a broad range of purposes. (E) Direct the electrical corporations to authorize a bioenergy electric generation facility with an effective capacity of up to five megawatts to participate in the tariff made available pursuant to this paragraph, if it meets the following conditions: (i) It delivers no more than three megawatts to the grid at any time. (ii) It complies with the electrical corporation’s Electric Rule 21 tariff or other distribution access tariff. (F) Payment is made pursuant to paragraph (1) of subdivision (d) and no payment is made for any electricity delivered to the grid in excess of three megawatts at any time. (3) (A) The commission, in consultation with the Energy Commission, the State Air Resources Board, the Department of Forestry and Fire Protection, the Department of Food and Agriculture, and the Department of Resources Recycling and Recovery, may review the allocations of the 250 additional megawatts identified in paragraph (2) to determine if those allocations are appropriate. (B) If the commission finds that the allocations of the 250 additional megawatts identified in paragraph (2) are not appropriate, the commission may reallocate the 250 megawatts among the categories established in subparagraph (A) of paragraph (2). (4) (A) A project identified in clause (iii) of subparagraph (A) of paragraph (2) is eligible, in regards to interconnection, for the tariff established to implement paragraph (2) or to participate in any program or auction established to implement paragraph (2), if it meets at least one of the following requirements: (i) The project is already interconnected. (ii) The project has been found to be eligible for interconnection pursuant to the fast track process under the relevant tariff. (iii) A system impact study or other interconnection study has been completed for the project under the relevant tariff, and there was no determination in the study that, with the identified interconnection upgrades, if any, a condition specified in paragraph (2), (3), or (4) of subdivision (n) would exist. Such a project is not required to have a pending, active interconnection application to be eligible. (B) For a project meeting the eligibility requirements pursuant to clause (iii) of subparagraph (A) of this paragraph, both of the following apply: (i) The project is hereby deemed to be able to interconnect within the required time limits for the purpose of determining eligibility for the tariff. (ii) The project shall submit a new application for interconnection within 30 days of execution of a standard contract pursuant to the tariff if it does not have a pending, active interconnection application or a completed interconnection. For those projects, the time to achieve commercial operation shall begin to run from the date when the new system impact study or other interconnection study is completed rather than from the date of execution of the standard contract. (5) (A) A community choice aggregator may submit eligible bioenergy projects to the commission for cost recovery if open capacity exists within an allocation category described in subparagraph (A) of paragraph (2) and the community choice aggregator submits an eligible tariff to the commission consistent with both of the following: (i) The community choice aggregator files with the commission a standard tariff for electricity purchased from a bioenergy electric generation facility. (ii) (I) The tariff provides for payment for every kilowatthour of electricity purchased from a bioenergy electric generation facility for a period of 10, 15, or 20 years, as authorized by the commission. The payment shall be the market price determined by the commission pursuant to subclause (II) and shall include all current and anticipated environmental compliance costs, including, but not limited to, mitigation of emissions of greenhouse gases and air pollution offsets associated with the operation of new generating facilities in the local air pollution control or air quality management district where the bioenergy electric generation facility is located. (II) The commission shall establish a methodology to determine the market price of electricity for terms corresponding to the length of contracts with a bioenergy electric generation facility, considering those matters described in paragraph (2) of subdivision (d). (iii) Any capacity procured by the community choice aggregator from a bioenergy project that is approved by the commission pursuant to this paragraph shall reduce the procurement targets for that allocation category ordered by the commission for the electrical corporation whose service territory encompasses the community choice aggregator pursuant to paragraph (2), or as modified pursuant to paragraph (3). (B) Before acting pursuant to the authorization in subparagraph (A), a community choice aggregator shall develop standard contract terms and conditions that reflect the operational characteristics of the bioenergy electric generation facility and provide a streamlined contracting process. A community choice aggregator shall use the standard contract approved by the commission for use by the electrical corporation pursuant to subparagraph (B) of paragraph (2) to comply with this requirement, so long as all the terms and conditions of the contract are not modified by the community choice aggregator. (C) In implementing this paragraph, the commission shall do all of the following: (i) Coordinate, to the maximum extent feasible, any incentive or subsidy programs for bioenergy with the agencies listed in subparagraph (A) of paragraph (3) in order to provide maximum benefits to ratepayers and to ensure that incentives are used to reduce contract prices. (ii) Direct a participating community choice aggregator to authorize a bioenergy electric generation facility with an effective capacity of up to five megawatts to participate in the tariff made available pursuant to this paragraph if it meets the following conditions: (I) It delivers no more than three megawatts to the grid at any time. (II) It complies with the Electric Rule 21 tariff or other distribution access tariff of the electrical corporation whose service territory it is located in. (iii) Ensure payment is made pursuant to clause (ii) of subparagraph (A) and no payment is made for any electricity delivered to the grid in excess of three megawatts at any time. (D) The community choice aggregator may make the terms of the tariff available to owners and operators of a bioenergy electric generation facility in the form of a standard contract subject to commission approval. To comply with this requirement, the community choice aggregator may base its tariff on the electrical corporation’s approved tariff, so long as all the terms and conditions of the tariff are not modified by the community choice aggregator. (E) Every kilowatthour of electricity purchased from a bioenergy electric generation facility shall count toward meeting the community choice aggregator’s renewables portfolio standard annual procurement targets for purposes of paragraph (1) of subdivision (b) of Section 399.15. (F) The physical generating capacity of a bioenergy electric generation facility shall count toward the community choice aggregator’s resource adequacy requirement for purposes of Section 380. (G) In order to ensure the safety and reliability of bioenergy electric generation facilities, the owner of a bioenergy electric generation facility receiving a tariff pursuant to this paragraph shall provide an inspection and maintenance report to the community choice aggregator at least once every other year. The inspection and maintenance report shall be prepared at the owner’s or operator’s expense by a California-licensed contractor who is not the owner or operator of the bioenergy electric generation facility. A California-licensed electrician shall perform the inspection of the electrical portion of the generation facility. (H) The contract between the bioenergy electric generation facility receiving the tariff and the community choice aggregator shall contain provisions that ensure that construction of the bioenergy electric generating facility complies with all applicable state and local laws and building standards and utility interconnection requirements. (I) Nothing in this paragraph changes the sole procurement responsibility of a community choice aggregator pursuant to paragraph (5) of subdivision (a) of Section 366.2. (J) The commission may modify or adjust the requirements of this paragraph for any community choice aggregator with less than 100,000 customer accounts as individual circumstances merit. (K) The commission has ongoing review authority over any contracts of community choice aggregators submitted pursuant to this section consistent with its review of the contracts of electrical corporations entered into pursuant to this section. (6) For the purposes of this subdivision, “bioenergy” means biogas and biomass. (g) The electrical corporation may make the terms of the tariff available to owners and operators of an electric generation facility in the form of a standard contract subject to commission approval. (h) Every kilowatthour of electricity purchased from an electric generation facility shall count toward meeting the electrical corporation’s renewables portfolio standard annual procurement targets for purposes of paragraph (1) of subdivision (b) of Section 399.15. (i) The physical generating capacity of an electric generation facility shall count toward the electrical corporation’s resource adequacy requirement for purposes of Section 380. (j) (1) The commission shall establish performance standards for any electric generation facility that has a capacity greater than one megawatt to ensure that those facilities are constructed, operated, and maintained to generate the expected annual net production of electricity and do not impact system reliability. (2) The commission may reduce the three megawatt capacity limitation of paragraph (1) of subdivision (b) if the commission finds that a reduced capacity limitation is necessary to maintain system reliability within the applicable electrical corporation’s service territory. (k) (1) Any owner or operator of an electric generation facility that received ratepayer-funded incentives in accordance with Section 379.6 of this code, or with Section 25782 of the Public Resources Code, and participated in a net metering program pursuant to Sections 2827, 2827.9, and 2827.10 of this code before January 1, 2010, shall be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section. (2) In establishing the tariffs or standard contracts pursuant to this section, the commission shall consider ratepayer-funded incentive payments previously received by the generation facility pursuant to Section 379.6 of this code or Section 25782 of the Public Resources Code. The commission shall require reimbursement of any funds received from these incentive programs to an electric generation facility, in order for that facility to be eligible for a tariff or standard contract filed by an electrical corporation pursuant to this section, unless the commission determines ratepayers have received sufficient value from the incentives provided to the facility based on how long the project has been in operation and the amount of renewable electricity previously generated by the facility. (3) A customer that receives service under a tariff or contract approved by the commission pursuant to this section is not eligible to participate in any net metering program. (l) An owner or operator of an electric generation facility electing to receive service under a tariff or contract approved by the commission shall continue to receive service under the tariff or contract until either of the following occurs: (1) The owner or operator of an electric generation facility no longer meets the eligibility requirements for receiving service pursuant to the tariff or contract. (2) The period of service established by the commission pursuant to subdivision (d) is completed. (m) Within 10 days of receipt of a request for a tariff pursuant to this section from an owner or operator of an electric generation facility, the electrical corporation that receives the request shall post a copy of the request on its internet website. The information posted on the internet website shall include the name of the city in which the facility is located, but information that is proprietary and confidential, including, but not limited to, address information beyond the name of the city in which the facility is located, shall be redacted. (n) An electrical corporation may deny a tariff request pursuant to this section if the electrical corporation makes any of the following findings: (1) The electric generation facility does not meet the requirements of this section. (2) The transmission or distribution grid that would serve as the point of interconnection is inadequate. (3) The electric generation facility does not meet all applicable state and local laws and building standards and utility interconnection requirements. (4) The aggregate of all electric generating facilities on a distribution circuit would adversely impact utility operation and load restoration efforts of the distribution system. (o) Upon receiving a notice of denial from an electrical corporation, the owner or operator of the electric generation facility denied a tariff pursuant to this section shall have the right to appeal that decision to the commission. (p) In order to ensure the safety and reliability of electric generation facilities, the owner of an electric generation facility receiving a tariff pursuant to this section shall provide an inspection and maintenance report to the electrical corporation at least once every other year. The inspection and maintenance report shall be prepared at the owner’s or operator’s expense by a California-licensed contractor who is not the owner or operator of the electric generation facility. A California-licensed electrician shall perform the inspection of the electrical portion of the generation facility. (q) The contract between the electric generation facility receiving the tariff and the electrical corporation shall contain provisions that ensure that construction of the electric generating facility complies with all applicable state and local laws and building standards, and utility interconnection requirements. (r) (1) All construction and installation of facilities of the electrical corporation, including at the point of the output meter or at the transmission or distribution grid, shall be performed only by that electrical corporation. (2) All interconnection facilities installed on the electrical corporation’s side of the transfer point for electricity between the electrical corporation and the electrical conductors of the electric generation facility shall be owned, operated, and maintained only by the electrical corporation. The ownership, installation, operation, reading, and testing of revenue metering equipment for electric generating facilities shall only be performed by the electrical corporation. (Amended by Stats. 2021, Ch. 234, Sec. 1. (AB 843) Effective January 1, 2022.)
  28. 399.20.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    This section requires electrical corporations, and in one case a large local publicly owned electric utility, to procure specified bioenergy capacity and meet feedstock requirements, with Commission oversight and limited opt-out/exception rules.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.20.3. (a) For purposes of this section, the following definitions apply: (1) “Bioenergy” has the same meaning as set forth in paragraph (6) of subdivision (f) of Section 399.20. (2) “Tier 1 high hazard zone” includes areas where wildlife and falling trees threaten electrical transmission and distribution lines, roads, and other evacuation corridors, critical community infrastructure, or other existing structures, as designated by the Department of Forestry and Fire Protection pursuant to the Proclamation of a State of Emergency on Tree Mortality declared by the Governor on October 30, 2015. (3) “Tier 2 high hazard zone” includes watersheds that have significant tree mortality combined with community and natural resource assets, as designated by the Department of Forestry and Fire Protection pursuant to the Proclamation of a State of Emergency on Tree Mortality declared by the Governor on October 30, 2015. (b) (1) In addition to the requirements of subdivision (f) of Section 399.20, on or before July 1, 2025, electrical corporations shall collectively procure, through financial commitments of 5 to 15 years, inclusive, their proportionate share of 125 megawatts of cumulative rated generating capacity from existing bioenergy projects that commenced operations before June 1, 2013. At least 80 percent of the feedstock of an eligible facility, on an annual basis, shall be a byproduct of sustainable forestry management, which includes removal of dead and dying trees from Tier 1 and Tier 2 high hazard zones and is not that from lands that have been clear cut. At least 60 percent of this feedstock shall be from Tier 1 and Tier 2 high hazard zones. (2) Paragraph (1) does not apply to a utility subject to subdivision (g) if both of the following apply: (A) The utility, either directly or through a joint powers authority, entered into five-year financial commitments for its proportionate share of 125 megawatts of cumulative rated generating capacity from existing bioenergy projects pursuant to this section as it was enacted by Chapter 368 of the Statutes of 2016. (B) The utility’s financial commitments referenced in subparagraph (A) include either: (i) a contract with a facility operator that was, on June 1, 2022, in a bankruptcy or other insolvency proceeding; or (ii) a contract for a project that does not deliver energy to the utility. (c) For the purpose of contracts entered into pursuant to subdivision (b), commission Resolution E-4770 (March 17, 2016), and commission Resolution E-4805 (October 13, 2016), Tier 1 and Tier 2 high hazard zone fuel or feedstock shall also include biomass fuels removed from fuel reduction operations exempt from timber harvesting plan requirements pursuant to subdivisions (a), (f), (j), and (k) of Section 4584 of the Public Resources Code, as those subdivisions read on January 1, 2024. (d) The commission shall require an electrical corporation that has entered into a contract pursuant to subdivision (b), commission Resolution E-4770 (March 17, 2016), or commission Resolution E-4805 (October 13, 2016) to allow fuel or feedstock reporting requirements to be based on a monthly or annual basis, and a bioenergy facility providing generation pursuant to that contract shall have the right to opt out of the mandated fuel or feedstock usage levels in any particular month upon providing written notice to the electrical corporation in the month of operation. For months in which a bioenergy facility opts out of the mandated fuel or feedstock usage levels or misses the mandated fuel or feedstock targets, that facility shall be paid the alternate price adopted by the commission in commission Resolution E-4770 for all megawatthours generated during that month. Contracts shall continue in force through the end of the contracted term without creating an event of default for missing mandated fuel or feedstock usage levels and without giving rise to a termination right in favor of the electrical corporation. (e) (1) For each electrical corporation, the commission shall allocate its proportionate share of the 125 megawatts based on the ratio of the electrical corporation’s peak demand to the total statewide peak demand. (2) Procurement by an electrical corporation of generation capacity pursuant to a contract under the commission’s Resolution E-4770 (March 17, 2016) that is in excess of the requirement of that electrical corporation under that resolution shall count towards meeting the electrical corporation’s proportionate share allocated pursuant to paragraph (1). (f) The commission may direct each electrical corporation to develop standard contract terms and conditions that reflect the operational characteristics of the bioenergy projects and to provide a streamlined contracting process or may require the electrical corporations to use the mechanism established pursuant to the commission’s Resolution E-4770 (March 17, 2016) to meet the requirements of subdivision (e). The procurement pursuant to the developed standard contract shall occur on an expedited basis due to the Proclamation of a State of Emergency on Tree Mortality declared by the Governor on October 30, 2015. (g) A local publicly owned electric utility serving more than 100,000 customers shall procure its proportionate share, based on the ratio of the utility’s peak demand to the total statewide peak demand, of 125 megawatts of cumulative rated capacity from existing bioenergy projects described in subdivision (b) subject to terms of at least five years. (h) The commission shall ensure that the costs of any contract procured by an electrical corporation to satisfy the requirements of this section are recoverable from all customers on a nonbypassable basis. (i) The Procurement Review Group within the commission shall advise the commission on the cost of the generation procured pursuant to this section and its impact on ratepayers. (j) For purposes of this section, any incremental procurement of electricity products from bioenergy resources by a new contract or contract extension of five years or longer in duration shall be from a resource that meets emission limits equivalent to, or more stringent than, the applicable best available retrofit control technology, as determined by the local air pollution control district or air quality management district. The determination shall be made before the start of the operating period under the new contract or contract extension. (Amended by Stats. 2024, Ch. 575, Sec. 1.5. (AB 2750) Effective January 1, 2025.)
  29. 399.20.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    Some conduit hydroelectric facilities can qualify for a standard contract or tariff if they meet listed conditions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.20.5. (a) Notwithstanding paragraph (1) of subdivision (b) and paragraph (2) of subdivision (j) of Section 399.20, a conduit hydroelectric facility with an effective capacity of up to four megawatts that otherwise meets the requirements of Section 399.20 shall be eligible for the standard contract or tariff established pursuant to subdivision (c) of Section 399.20 if the electric generation facility meets all the following additional requirements: (1) It was operational as of January 1, 1990. (2) It delivers no more than three megawatts to the grid at any time. (3) It complies with the electrical corporation’s Electric Rule 21 tariff or other distribution access tariff. (b) A facility meeting the requirements of subdivision (a) shall receive payment pursuant to paragraph (1) of subdivision (d) of Section 399.20, provided that no payment shall be made for any electricity delivered to the grid in excess of three megawatts at any time. (Added by Stats. 2016, Ch. 665, Sec. 1. (AB 1979) Effective January 1, 2017.)
  30. 399.21.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    The commission must authorize renewable energy credits for renewables portfolio compliance, and several tracking, counting, crediting, and creation limits apply.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.21. (a) The commission, by rule, shall authorize the use of renewable energy credits to satisfy the renewables portfolio standard procurement requirements established pursuant to this article, subject to the following conditions: (1) The commission and the Energy Commission shall ensure that the tracking system established pursuant to subdivision (c) of Section 399.25, is operational, is capable of independently verifying that electricity earning the credit is generated by an eligible renewable energy resource, and can ensure that renewable energy credits shall not be double counted by any seller of electricity within the service territory of the WECC. (2) Each renewable energy credit shall be counted only once for compliance with the renewables portfolio standard of this state or any other state, or for verifying retail product claims in this state or any other state. (3) All revenues received by an electrical corporation for the sale of a renewable energy credit shall be credited to the benefit of ratepayers. (4) Renewable energy credits shall not be created for electricity generated pursuant to any electricity purchase contract with a retail seller or a local publicly owned electric utility executed before January 1, 2005, unless the contract contains explicit terms and conditions specifying the ownership or disposition of those credits. Procurement under those contracts shall be tracked through the accounting system described in subdivision (b) of Section 399.25 and included in the quantity of eligible renewable energy resources of the purchasing retail seller pursuant to Section 399.15. (5) Renewable energy credits shall not be created for electricity generated under any electricity purchase contract executed after January 1, 2005, pursuant to the federal Public Utility Regulatory Policies Act of 1978 (16 U.S.C. Sec. 2601 et seq.). Procurement under the electricity purchase contracts shall be tracked through the accounting system implemented by the Energy Commission pursuant to subdivision (b) of Section 399.25 and count toward the renewables portfolio standard procurement requirements of the purchasing retail seller. (6) Nothing in the amendments to this article made by the Clean Energy and Pollution Reduction Act of 2015 (Senate Bill 350 of the 2015–16 Regular Session) is intended to change commission Decision 11-12-052 regarding the classification of renewable energy credits from generation on the customer side of the meter. (7) A renewable energy credit shall not be eligible for compliance with a renewables portfolio standard procurement requirement unless it is retired in the tracking system established pursuant to subdivision (c) of Section 399.25 by the retail seller or local publicly owned electric utility within 36 months from the initial date of generation of the associated electricity. (b) The commission shall allow an electrical corporation to recover the reasonable costs of purchasing, selling, and administering renewable energy credit contracts in rates. (Amended by Stats. 2015, Ch. 547, Sec. 23. (SB 350) Effective January 1, 2016.)
  31. 399.22.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    A state agency that generates electricity under certain tariffs must count total annual kilowatthours exported to the grid when judging whether it has met its legally established policy goals and objectives.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.22. (a) For purposes of this section, “state agency” means any state agency, board, department, or commission, including the entities specified in subdivision (a) of Section 15814.12 of the Government Code. (b) A state agency generating electricity from an electric generation facility, as defined in Section 387.6 or 399.20, that operates under a tariff adopted pursuant to either of those sections, and that is owned by, operated by, or on property under the control of, the state agency shall take the total annual amount of kilowatthours exported to the grid into consideration when determining whether the state agency has achieved the policy goals and objectives established by law for the state agency. (Added by Stats. 2010, Ch. 474, Sec. 1. (AB 2724) Effective January 1, 2011.)
  32. 399.24.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    The commission must adopt policies and programs that promote in-state biomethane production and distribution, and those policies and programs must help develop a variety of in-state biomethane sources.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.24. (a) To meet the energy and transportation needs of the state, the commission shall adopt policies and programs that promote the in-state production and distribution of biomethane. The policies and programs shall facilitate the development of a variety of sources of in-state biomethane. (b) For the purposes of this section, “biomethane” means biogas that meets the standards adopted pursuant to subdivisions (c) and (d) of Section 25421 of the Health and Safety Code for injection into a common carrier pipeline. (Added by Stats. 2012, Ch. 602, Sec. 5. (AB 1900) Effective January 1, 2013.)
  33. 399.25.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    The Energy Commission must certify eligible renewable energy resources, build and run compliance and tracking systems for renewable energy credits, collect needed data, consult with western states and WECC, and certify certain credits when Section 399.31 conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.25. The Energy Commission shall do all of the following: (a) Certify eligible renewable energy resources that it determines meet the criteria described in subdivision (e) of Section 399.12. (b) Design and implement an accounting system to verify compliance with the renewables portfolio standard by retail sellers and local publicly owned electric utilities, to ensure that electricity generated by an eligible renewable energy resource is counted only once for the purpose of meeting the renewables portfolio standard of this state or any other state, to certify renewable energy credits produced by eligible renewable energy resources, and to verify retail product claims in this state or any other state. In establishing the guidelines governing this accounting system, the Energy Commission shall collect data from electricity market participants that it deems necessary to verify compliance of retail sellers and local publicly owned electric utilities, in accordance with the requirements of this article and the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). In seeking data from electrical corporations, the Energy Commission shall request data from the commission. The commission shall collect data from electrical corporations and remit the data to the Energy Commission within 90 days of the request. (c) Establish a system for tracking and verifying renewable energy credits that, through the use of independently audited data, verifies the generation of electricity associated with each renewable energy credit and protects against multiple counting of the same renewable energy credit. The Energy Commission shall consult with other western states and with the WECC in the development of this system. (d) Certify, for purposes of compliance with the renewables portfolio standard requirements by a retail seller, the eligibility of renewable energy credits associated with eligible renewable energy resources procured by a local publicly owned electric utility, if the Energy Commission determines that all of the conditions of Section 399.31 have been met. (Amended by Stats. 2021, Ch. 615, Sec. 397. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  34. 399.26.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    This section requires California grid operators to cooperate on integrating renewable energy, asks the Independent System Operator to seek needed federal approvals, and directs the commission to determine and use wind and solar capacity values by July 1, 2011.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.26. (a) In order for the state to meet the requirements of the California Renewables Portfolio Standard Program, substantially increased amounts of electricity generated by eligible renewable energy resources must be integrated with, and interconnected to, the transmission grid that is either owned by, or under the operational control of, the local publicly owned electric utilities and the transmission grid that is under the operational control of the Independent System Operator. (b) The Independent System Operator and the balancing authority of each area in California shall do both of the following: (1) Work cooperatively to integrate and interconnect eligible renewable energy resources to the transmission grid by the most efficient means possible with the goal of minimizing the impact and cost of new transmission needed to meet both reliability needs and the renewables portfolio standard procurement requirements. (2) Accomplish the requirements of paragraph (1) in a manner that respects the ownership, business, and dispatch models for transmission facilities owned by electrical corporations, local publicly owned electric utilities, joint powers agencies, and independent transmission companies. (c) The Independent System Operator shall seek any approvals from the Federal Energy Regulatory Commission that are necessary to accomplish the goals and requirements of this article. (d) In order to maintain electric service reliability and to minimize the construction of fossil fuel electrical generation capacity to support the integration of intermittent renewable electrical generation into the electrical grid, by July 1, 2011, the commission shall determine the effective load carrying capacity of wind and solar energy resources on the California electrical grid. The commission shall use those effective load carrying capacity values in establishing the contribution of wind and solar energy resources toward meeting the resource adequacy requirements established pursuant to Section 380. (Added by Stats. 2011, 1st Ex. Sess., Ch. 1, Sec. 28. (SB 2 1x) Effective December 10, 2011.)
  35. 399.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. )

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    This section says local publicly owned electric utilities in California are not prevented from exercising authority to operate their electric distribution grid, as allowed by law.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. ) ## 399.3. Nothing in Section 399.2 shall be construed to preclude any of California’s local publicly owned electric utilities from exercising authority to operate their electric distribution grid as provided under law. (Added by Stats. 2000, Ch. 1050, Sec. 4. Effective January 1, 2001.)
  36. 399.30.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    Local publicly owned electric utilities must adopt and implement renewable energy procurement plans and meet escalating renewable procurement targets, with limited exceptions and enforcement by state agencies.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.30. (a) (1) To fulfill unmet long-term generation resource needs, each local publicly owned electric utility shall adopt and implement a renewable energy resources procurement plan that requires the utility to procure a minimum quantity of electricity products from eligible renewable energy resources, including renewable energy credits, as a specified percentage of total kilowatthours sold to the utility’s retail end-use customers, each compliance period, to achieve the targets of subdivision (c). (2) Beginning January 1, 2019, a local publicly owned electric utility subject to Section 9621 shall incorporate the renewable energy resources procurement plan required by this section as part of a broader integrated resource plan developed and adopted pursuant to Section 9621. (b) The governing board shall implement procurement targets for a local publicly owned electric utility that require the utility to procure a minimum quantity of eligible renewable energy resources for each of the following compliance periods: (1) January 1, 2011, to December 31, 2013, inclusive. (2) January 1, 2014, to December 31, 2016, inclusive. (3) January 1, 2017, to December 31, 2020, inclusive. (4) January 1, 2021, to December 31, 2024, inclusive. (5) January 1, 2025, to December 31, 2027, inclusive. (6) January 1, 2028, to December 31, 2030, inclusive. (c) The governing board of a local publicly owned electric utility shall ensure all of the following: (1) The quantities of eligible renewable energy resources to be procured for the compliance period from January 1, 2011, to December 31, 2013, inclusive, are equal to an average of 20 percent of retail sales. (2) The quantities of eligible renewable energy resources to be procured for all other compliance periods reflect reasonable progress in each of the intervening years sufficient to ensure that the procurement of electricity products from eligible renewable energy resources achieves 25 percent of retail sales by December 31, 2016, 33 percent by December 31, 2020, 44 percent by December 31, 2024, 52 percent by December 31, 2027, and 60 percent by December 31, 2030. The Energy Commission shall establish appropriate multiyear compliance periods for all subsequent years that require the local publicly owned electric utility to procure not less than 60 percent of retail sales of electricity products from eligible renewable energy resources. (3) A local publicly owned electric utility shall adopt procurement requirements consistent with Section 399.16. (4) Beginning January 1, 2014, in calculating the procurement requirements under this article, a local publicly owned electric utility may exclude from its total retail sales the kilowatthours generated by an eligible renewable energy resource that is credited to a participating customer pursuant to a voluntary green pricing or shared renewable generation program. Any exclusion shall be limited to electricity products that do not meet the portfolio content criteria set forth in paragraph (2) or (3) of subdivision (b) of Section 399.16. Any renewable energy credits associated with electricity credited to a participating customer shall not be used for compliance with procurement requirements under this article, shall be retired on behalf of the participating customer, and shall not be further sold, transferred, or otherwise monetized for any purpose. To the extent possible for generation that is excluded from retail sales under this subdivision, a local publicly owned electric utility shall seek to procure those eligible renewable energy resources that are located in reasonable proximity to program participants. (d) (1) The governing board of a local publicly owned electric utility shall adopt procurement requirements consistent with subparagraph (B) of paragraph (5) of subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 399.13. (2) The governing board of a local publicly owned electric utility may adopt the following measures: (A) Conditions that allow for delaying timely compliance consistent with subdivision (b) of Section 399.15. (B) Cost limitations for procurement expenditures consistent with subdivision (c) of Section 399.15. (e) The governing board of the local publicly owned electric utility shall adopt a program for the enforcement of this article. The program shall be adopted at a publicly noticed meeting offering all interested parties an opportunity to comment. Not less than 30 days’ notice shall be given to the public of any meeting held for purposes of adopting the program. Not less than 10 days’ notice shall be given to the public before any meeting is held to make a substantive change to the program. (f) Each local publicly owned electric utility shall annually post notice, in accordance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), whenever its governing body will deliberate in public on its renewable energy resources procurement plan. (g) A public utility district that receives all of its electricity pursuant to a preference right adopted and authorized by the United States Congress pursuant to Section 4 of the Trinity River Division Act of August 12, 1955 (Public Law 84-386), shall be in compliance with the renewable energy procurement requirements of this article. (h) For a local publicly owned electric utility that was in existence on or before January 1, 2009, that provides retail electric service to 15,000 or fewer customer accounts in California, and is interconnected to a balancing authority located outside this state but within the WECC, an eligible renewable energy resource includes a facility that is located outside California that is connected to the WECC transmission system, if all of the following conditions are met: (1) The electricity generated by the facility is procured by the local publicly owned electric utility, is delivered to the balancing authority area in which the local publicly owned electric utility is located, and is not used to fulfill renewable energy procurement requirements of other states. (2) The local publicly owned electric utility participates in, and complies with, the accounting system administered by the Energy Commission pursuant to this article. (3) The Energy Commission verifies that the electricity generated by the facility is eligible to meet the renewables portfolio standard procurement requirements. (i) Notwithstanding subdivision (a), for a local publicly owned electric utility that is a joint powers authority of districts established pursuant to state law on or before January 1, 2005, that furnishes electric services other than to residential customers, and is formed pursuant to the Irrigation District Law (Division 11 (commencing with Section 20500) of the Water Code), the percentage of total kilowatthours sold to the district’s retail end-use customers, upon which the renewables portfolio standard procurement requirements in subdivision (b) are calculated, shall be based on the authority’s average retail sales over the previous seven years. If the authority has not furnished electric service for seven years, then the calculation shall be based on average retail sales over the number of completed years during which the authority has provided electric service. (j) A local publicly owned electric utility in a city and county that only receives greater than 67 percent of its electricity sources from hydroelectric generation located within the state that it owns and operates, and that does not meet the definition of a “renewable electrical generation facility” pursuant to Section 25741 of the Public Resources Code, shall be required to procure eligible renewable energy resources, including renewable energy credits, to meet only the electricity demands unsatisfied by its hydroelectric generation in any given year, in order to satisfy its renewable energy procurement requirements. (k) (1) For purposes of this subdivision, “large hydroelectric generation” means electricity generated from an existing hydroelectric facility located within the state that does not qualify as an eligible renewable energy resource and, as of January 1, 2018, was owned by a local publicly owned electric utility, the federal government as a part of the federal Central Valley Project, or a joint powers agency formed and created pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). (2) If, during a year within a compliance period set forth in subdivision (b), a local publicly owned electric utility receives more than 40 percent of its retail sales from large hydroelectric generation under an ownership agreement or contract in effect as of January 1, 2018, it is not required to procure eligible renewable energy resources that exceed the lesser of the following for that year: (A) The portion of the local publicly owned electric utility’s retail sales unsatisfied by the local publicly owned electric utility’s large hydroelectric generation. (B) The soft target adopted by the Energy Commission for the intervening years of the relevant compliance period. (3) An extension or renewal of a procurement agreement shall not be eligible to count towards the determination that the local publicly owned electric utility receives more than 40 percent of its retail sales from large hydroelectric generation in any year. This paragraph shall not apply to any agreement in effect on January 1, 2015, between a local publicly owned electric utility and the Western Area Power Administration or federal government as part of the federal Central Valley Project. (4) The Energy Commission shall adjust the total quantities of eligible renewable energy resources to be procured by a local publicly owned electric utility for a compliance period to reflect any reductions required pursuant to paragraph (2). (5) This subdivision does not modify the compliance obligation of a local publicly owned electric utility to satisfy the requirements of subdivision (c) of Section 399.16. (l) (1) (A) For purposes of this subdivision, “unavoidable long-term contracts and ownership agreements” means commitments for electricity from a coal-fired powerplant, located outside the state, originally entered into by a local publicly owned electric utility before June 1, 2010, that is not subsequently modified to result in an extension of the duration of the agreement or result in an increase in total quantities of energy delivered during any compliance period set forth in subdivision (b). (B) The governing board of a local publicly owned electric utility shall demonstrate in its renewable energy resources procurement plan required pursuant to subdivision (a) that any cancellation or divestment of the commitment would result in significant economic harm to its retail customers that cannot be substantially mitigated through resale, transfer to another entity, early closure of the facility, or other feasible measures. (2) For the compliance period set forth in paragraph (4) of subdivision (b), a local publicly owned electric utility meeting the requirement of subparagraph (B) of paragraph (1) may adjust its renewable energy procurement targets to ensure that the procurement of additional electricity from eligible renewable energy resources, in combination with the procurement of electricity from unavoidable long-term contracts and ownership agreements, does not exceed the total retail sales of the local publicly owned electric utility during that compliance period. The local publicly owned electric utility may limit its procurement of eligible renewable energy resources for that compliance period to no less than an average of 33 percent of its retail sales. (3) The Energy Commission shall approve any reductions in procurement targets proposed by a local publicly owned electric utility if it determines that the requirements of this subdivision are satisfied. (m) A local publicly owned electric utility shall retain discretion over both of the following: (1) The mix of eligible renewable energy resources procured by the utility and those additional generation resources procured by the utility for purposes of ensuring resource adequacy and reliability. (2) The reasonable costs incurred by the utility for eligible renewable energy resources owned by the utility. (n) The Energy Commission shall adopt regulations specifying procedures for enforcement of this article. The regulations shall include a public process under which the Energy Commission may issue a notice of violation and correction against a local publicly owned electric utility for failure to comply with this article, and for referral of violations to the State Air Resources Board for penalties pursuant to subdivision (o). (o) (1) Upon a determination by the Energy Commission that a local publicly owned electric utility has failed to comply with this article, the Energy Commission shall refer the failure to comply with this article to the State Air Resources Board, which may impose penalties to enforce this article consistent with Part 6 (commencing with Section 38580) of Division 25.5 of the Health and Safety Code. Any penalties imposed shall be comparable to those adopted by the commission for noncompliance by retail sellers. (2) Any penalties collected by the State Air Resources Board pursuant to this article shall be deposited in the Air Pollution Control Fund and, upon appropriation by the Legislature, shall be expended for reducing emissions of air pollution or greenhouse gases within the same geographic area as the local publicly owned electric utility. (Amended by Stats. 2020, Ch. 305, Sec. 2. (SB 702) Effective January 1, 2021.)
  37. 399.31.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    A retail seller may buy renewable energy credits tied to electricity delivered to a local publicly owned electric utility, but only if the listed compliance conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.31. A retail seller may procure renewable energy credits associated with deliveries of electricity by an eligible renewable energy resource to a local publicly owned electric utility, for purposes of compliance with the renewables portfolio standard requirements, if both of the following conditions are met: (a) The local publicly owned electric utility has adopted and implemented a renewable energy resources procurement plan that complies with the renewables portfolio standard adopted pursuant to Section 399.30. (b) The local publicly owned electric utility is procuring sufficient eligible renewable energy resources to satisfy the target standard, and will not fail to satisfy the target standard in the event that the renewable energy credit is sold to the retail seller. (Added by Stats. 2011, 1st Ex. Sess., Ch. 1, Sec. 30. (SB 2 1x) Effective December 10, 2011.)
  38. 399.32.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    This section requires certain local publicly owned electric utilities to offer and manage a standard tariff for electricity from qualifying electric generation facilities, and sets related posting, reporting, inspection, and interconnection rules.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.32. (a) It is the policy of the state and the intent of the Legislature to encourage electrical generation from eligible renewable energy resources. (b) As used in this section, “electric generation facility” means an electric generation facility located within the service territory of, and developed to sell electricity to, a local publicly owned electric utility, and that meets all of the following criteria: (1) Has an effective capacity of not more than three megawatts. (2) Is interconnected and operates in parallel with the electrical transmission and distribution grid. (3) Is strategically located and interconnected to the electrical transmission and distribution grid in a manner that optimizes the deliverability of electricity generated at the facility to load centers. (4) Is an eligible renewable energy resource pursuant to this article. (c) A local publicly owned electric utility that sells electricity at retail to 75,000 or more customers shall adopt a standard tariff for electricity purchased from an electric generation facility by July 1, 2013. (d) The governing board of the local publicly owned electric utility shall ensure that the tariff adopted pursuant to subdivision (c) reflects the value of every kilowatthour of electricity generated on a time-of-delivery basis, and shall consider avoided costs for distribution and transmission system upgrades, whether the facility generates electricity in a manner that offsets peak demand on the distribution circuit, and all current and anticipated environmental and greenhouse gases reduction compliance costs. The governing board may adjust this value based on the other attributes of renewable generation. The governing board shall ensure, with respect to rates and charges, that ratepayers that do not receive service pursuant to the tariff are indifferent to whether a ratepayer with an electric generation facility receives service pursuant to the tariff. (e) A local publicly owned electric utility that sells electricity at retail to 75,000 or more customers shall make the tariff available to the owner or operator of an electric generation facility within the service territory of the utility, upon request, on a first-come-first-served basis, until the utility meets its proportionate share of a statewide cap of 750 megawatts cumulative rated generation capacity served under this section and Section 399.20. The proportionate share shall be calculated based on the ratio of the utility’s peak demand compared to the total statewide peak demand. (f) The local publicly owned electric utility may make the terms of the tariff available to owners and operators of an electric generation facility in the form of a standard contract. (g) Every kilowatthour of electricity purchased from an electric generation facility shall count toward meeting the local publicly owned electric utility’s renewables portfolio standard annual procurement targets for purposes of Section 399.30. (h) (1) A local publicly owned electric utility may establish performance standards for any electric generation facility that has a capacity greater than one megawatt to ensure that those facilities are constructed, operated, and maintained to generate the expected annual net production of electricity and do not impact system reliability. (2) A local publicly owned electric utility may reduce the three megawatt capacity limitation of paragraph (1) of subdivision (b) if the utility finds that a reduced capacity limitation is necessary. (i) Within 10 days of receipt of a request for a tariff pursuant to this section from an owner or operator of an electric generation facility, the local publicly owned electric utility that receives the request shall post a copy of the request on its Internet Web site. The information posted on the Internet Web site shall include the name of the city in which the facility is located, but information that is proprietary and confidential, including, but not limited to, address information beyond the name of the city in which the facility is located, shall be redacted. (j) A local publicly owned electric utility may deny a tariff request pursuant to this section if the local publicly owned electric utility makes any of the following findings: (1) The electric generation facility does not meet the requirements of this section. (2) The transmission or distribution grid that would serve as the point of interconnection is inadequate. (3) The electric generation facility does not meet all applicable state and local laws and building standards, and utility interconnection requirements. (4) The aggregate of all electric generating facilities on a distribution circuit would adversely impact utility operation and load restoration efforts of the distribution system. (k) Upon receiving a notice of denial from a local publicly owned electric utility, the owner or operator of the electric generation facility denied a tariff pursuant to this section shall have the right to appeal that decision to the governing board of the local publicly owned electric utility. (l) In order to ensure the safety and reliability of electric generation facilities, the owner of an electric generation facility receiving a tariff pursuant to this section shall provide an inspection and maintenance report to the local publicly owned electric utility at least once every other year. The inspection and maintenance report shall be prepared at the owner’s or operator’s expense by a California-licensed contractor who is not the owner or operator of the electric generation facility. A California-licensed electrician shall perform the inspection of the electrical portion of the generation facility. (m) The contract between the electric generation facility receiving the tariff and the local publicly owned electric utility shall contain provisions that ensure that construction of the electric generating facility complies with all applicable state and local laws and building standards, and utility interconnection requirements. (n) (1) All construction and installation of facilities of the local publicly owned electric utility, including at the point of the output meter or at the transmission or distribution grid, shall only be performed by that local publicly owned electric utility. (2) All interconnection facilities installed on the local publicly owned electric utility’s side of the transfer point for electricity between the local publicly owned electric utility and the electrical conductors of the electric generation facility shall be owned, operated, and maintained only by the local publicly owned electric utility. The ownership, installation, operation, reading, and testing of revenue metering equipment for electric generating facilities shall be performed only by the local publicly owned electric utility. (Added by renumbering Section 387.6 by Stats. 2012, Ch. 616, Sec. 1. (SB 1332) Effective January 1, 2013.)
  39. 399.33.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. )

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    A qualifying local publicly owned electric utility may adjust renewable energy procurement targets for certain low-output powerplants, but it must notify the Energy Commission by April 1, 2019.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 16. California Renewables Portfolio Standard Program [399.11 - 399.33] ( Article 16 added by Stats. 2002, Ch. 516, Sec. 3. ) ## 399.33. (a) This section shall only apply to a gas-fired powerplant that is located inside the state, is owned by and serves the electrical demands of a single local publicly owned electric utility, and meets all of the following conditions: (1) The local publicly owned electric utility has outstanding public indebtedness associated with the powerplant, the powerplant was planned and built after January 1, 2000, and the debt was secured before January 1, 2017. (2) Operating the powerplant below a 20-percent capacity factor on an annual average on a yearly basis may result in the loss of employment of a powerplant employee who receives a prevailing wage. (3) The powerplant is subject to and meets the state’s greenhouse gases emission performance standard established by the Energy Commission pursuant to Section 8341. (4) The powerplant is not located in a disadvantaged community. For purposes of this paragraph, “disadvantaged community” means a census tract that, pursuant to Section 39711 of the Health and Safety Code, has received a score on the California Communities Environmental Health Screening 3.0, also known as CalEnviroScreen 3.0, in the 81st to 100th percentile, inclusive. (5) The local publicly owned electric utility can demonstrate with official documentation, such as an adopted city council resolution, to the satisfaction of the Energy Commission, that the powerplant was built in response to the energy crisis of 2000–01. (6) The powerplant has not undergone repowering and is not serving as a peaker powerplant. (b) If the procurement requirements of this article require more than 50 percent of retail sales of electricity to come from eligible renewable energy resources, then a local publicly owned electric utility that is the sole owner of a powerplant that both meets the requirements of subdivision (a) and is operating below 20 percent of its total capacity on an average annual basis during a given compliance period may, based on the utility’s operations, adjust its renewable energy procurement targets by an amount equal to the difference between the actual generation from the powerplant and the amount of generation that the powerplant would have produced if it had operated at 20 percent of its total capacity, if all of the following conditions are met: (1) The local publicly owned electric utility has procured eligible renewable energy resources as required by Section 399.30, as it existed on January 1, 2018. (2) Additional procurement of eligible renewable energy resources or zero-carbon generational resources resulted in the powerplant operating at, or below, a 20-percent capacity factor on an annual average during a compliance period. (3) The local publicly owned electric utility has attempted to mitigate against the reduction of generation to below 20 percent of the powerplant’s total capacity by attempting to sell the powerplant or attempting to sell the generation from the powerplant to the extent it is practicable and does not result in resource shuffling. (c) A local publicly owned electric utility shall notify the Energy Commission by April 1, 2019, of its intent to act pursuant to the authorization granted by this section. (d) The Energy Commission shall review, and either approve or reject, a publicly owned electric utility’s adjustment of its procurement targets pursuant to this section. (e) The Energy Commission may request relevant supporting documentation from a local publicly owned electric utility acting pursuant to this section. (f) This section shall apply only until the end of the calendar year during which the powerplant’s original term of bonded indebtedness expires. (Added by Stats. 2018, Ch. 605, Sec. 1. (SB 1110) Effective January 1, 2019.)
  40. 399.4.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. )

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    The commission must oversee certain energy efficiency programs, and public utilities may give rebates or incentives only when required certifications and permit proof are provided.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. ) ## 399.4. (a) (1) In order to ensure that prudent investments in energy efficiency continue to be made that produce cost-effective energy savings, reduce customer demand, and contribute to the safe and reliable operation of the electrical distribution grid, it is the policy of this state and the intent of the Legislature that the commission shall supervise the administration of cost-effective energy efficiency programs authorized pursuant to its statutory authority, including Sections 381, 381.1, 381.2, 381.5, 382, 384.5, 400, 454.5, 454.55, 454.56, 589, 701.1, 749, and 769, Article 10 (commencing with Section 890) of Chapter 4, and Chapter 6 (commencing with Section 2781) of Part 2. (2) As used in this section, the term “energy efficiency” includes, but is not limited to, cost-effective activities to achieve peak load reduction that improve end-use efficiency, lower customers’ bills, and reduce system needs. (b) (1) If a customer or contractor is the recipient of a rebate or incentive offered by a public utility for an energy efficiency improvement or installation of energy efficient components, equipment, or appliances in a building, the public utility shall provide the rebate or incentive only if the customer or contractor certifies that the improvement or installation has complied with any applicable permitting requirements, including any applicable specifications or requirements set forth in the California Building Standards Code (Title 24 of the California Code of Regulations), and, if a contractor performed the installation or improvement, that the contractor holds the appropriate license for the work performed. (2) In addition to the requirements of paragraph (1), if a customer or contractor is the recipient of a rebate or incentive offered by a public utility for the purchase or installation of central air conditioning or a heat pump, and their related fans, the public utility shall provide the rebate or incentive only if the customer or contractor provides proof of permit closure. The public utility is not responsible for verifying the proof of permit closure documentation provided by the customer or contractor. (3) This subdivision does not imply or create authority or responsibility, or expand existing authority or responsibility, of a public utility for the enforcement of the building energy and water efficiency standards adopted pursuant to subdivision (a) or (b) of Section 25402 of the Public Resources Code, or appliance efficiency standards and certification requirements adopted pursuant to subdivision (c) of Section 25402 of the Public Resources Code. (4) This subdivision does not limit the authority of the commission to impose any additional requirements on a recipient of any rebate or incentive. (c) The commission, in evaluating energy efficiency investments under its statutory authority, shall also ensure that local and regional interests, multifamily dwellings, and energy service industry capabilities are incorporated into program portfolio design and that local governments, community-based organizations, and energy efficiency service providers are encouraged to participate in program implementation where appropriate. (d) The commission, in a new or existing proceeding, shall review and update its policies governing energy efficiency programs funded by utility customers to facilitate achieving the targets established pursuant to subdivision (c) of Section 25310 of the Public Resources Code. In updating its policies, the commission shall, at a minimum, do all of the following: (1) Authorize market transformation programs with appropriate levels of funding to achieve deeper energy efficiency savings. (2) Authorize pay for performance programs that link incentives directly to measured energy savings. As part of pay for performance programs authorized by the commission, customers should be reasonably compensated for developing and implementing an energy efficiency plan, with a portion of their incentive reserved pending post project measurement results. (3) Authorize programs to achieve deeper savings through operational, behavioral, and retrocommissioning activities. (4) Ensure that customers have certainty in the values and methodology used to determine energy efficiency incentives by basing the amount of any incentives provided by gas and electrical corporations on the values and methodology contained in the executed customer agreement. Incentive payments shall be based on measured results. (Amended by Stats. 2017, Ch. 561, Sec. 210. (AB 1516) Effective January 1, 2018.)
  41. 399.8.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. )

    Verify source ↗

    This section requires electric customers to pay a system benefits charge and directs utilities and the commission to collect, allocate, and oversee funds for energy efficiency, renewable energy, and research programs.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. ) ## 399.8. (a) In order to ensure that the citizens of this state continue to receive safe, reliable, affordable, and environmentally sustainable electric service, it is the policy of this state and the intent of the Legislature that prudent investments in energy efficiency, renewable energy, and research, development and demonstration shall continue to be made. (b) (1) Every customer of an electrical corporation shall pay a nonbypassable system benefits charge authorized pursuant to this article. The system benefits charge shall fund energy efficiency, renewable energy, and research, development and demonstration. (2) Local publicly owned electric utilities shall continue to collect and administer system benefits charges pursuant to Section 385. (c) (1) The commission shall require each electrical corporation to identify a separate rate component to collect revenues to fund energy efficiency, renewable energy, and research, development and demonstration programs authorized pursuant to this section beginning January 1, 2002, and ending January 1, 2012. The rate component shall be a nonbypassable element of the local distribution service and collected on the basis of usage. (2) This rate component may not exceed, for any tariff schedule, the level of the rate component that was used to recover funds authorized pursuant to Section 381 on January 1, 2000. If the amounts specified in paragraph (1) of subdivision (d) are not recovered fully in any year, the commission shall reset the rate component to restore the unrecovered balance, provided that the rate component may not exceed, for any tariff schedule, the level of the rate component that was used to recover funds authorized pursuant to Section 381 on January 1, 2000. Pending restoration, any annual shortfalls shall be allocated pro rata among the three funding categories in the proportions established in paragraph (1) of subdivision (d). (d) The commission shall order San Diego Gas and Electric Company, Southern California Edison Company, and Pacific Gas and Electric Company to collect these funds commencing on January 1, 2002, as follows: (1) Two hundred twenty-eight million dollars ($228,000,000) per year in total for energy efficiency and conservation activities, sixty-five million five hundred thousand dollars ($65,500,000) in total per year for renewable energy, and sixty-two million five hundred thousand dollars ($62,500,000) in total per year for research, development and demonstration. The funds for energy efficiency and conservation activities shall continue to be allocated in proportions established for the year 2000 as set forth in paragraph (1) of subdivision (c) of Section 381. (2) The amounts shall be adjusted annually at a rate equal to the lesser of the annual growth in electric commodity sales or inflation, as defined by the gross domestic product deflator. (e) The commission shall ensure that each electrical corporation allocates funds transferred by the Energy Commission pursuant to subdivision (b) of Section 25743 in a manner that maximizes the economic benefit to all customer classes that funded the New Renewable Resources Account. (f) The commission and the Energy Commission shall retain and continue their oversight responsibilities as set forth in Sections 381 and 383, and Chapter 7.1 (commencing with Section 25620) and Chapter 8.6 (commencing with Section 25740) of Division 15 of the Public Resources Code. (g) An applicant for the Large Nonresidential Standard Performance Contract Program funded pursuant to paragraph (1) of subdivision (b) and an electrical corporation shall promptly attempt to resolve disputes that arise related to the program’s guidelines and parameters prior to entering into a program agreement. The applicant shall provide the electrical corporation with written notice of any dispute. Within 10 business days after receipt of the notice, the parties shall meet to resolve the dispute. If the dispute is not resolved within 10 business days after the date of the meeting, the electrical corporation shall notify the applicant of his or her right to file a complaint with the commission, which complaint shall describe the grounds for the complaint, injury, and relief sought. The commission shall issue its findings in response to a filed complaint within 30 business days of the date of receipt of the complaint. Prior to issuance of its findings, the commission shall provide a copy of the complaint to the electrical corporation, which shall provide a response to the complaint to the commission within five business days of the date of receipt. During the dispute period, the amount of estimated financial incentives shall be held in reserve until the dispute is resolved. (Amended by Stats. 2007, Ch. 685, Sec. 10. Effective January 1, 2008.)
  42. 399.9.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. )

    Verify source ↗

    This section says the article does not change low-income funding rules or the commission’s jurisdiction over electric distribution service.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 15. Reliable Electric Service Investments Act [399 - 399.9] ( Article 15 added by Stats. 2000, Ch. 1050, Sec. 4. ) ## 399.9. (a) No part of this article shall be construed to alter or affect the low-income funding provisions set forth in Section 382. Programs provided to low-income electricity customers, including but not limited to, targeted energy efficiency services and the California Alternative Rates for Energy Program shall continue to be funded as set forth in Section 382. (b) Nothing in this article shall be construed to affect the jurisdiction of the commission over electric distribution service. (Added by Stats. 2000, Ch. 1050, Sec. 4. Effective January 1, 2001.)
  43. 4.

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

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    This section says the code does not affect actions or proceedings started before it takes effect, or rights already accrued, but later procedure in those matters should conform to the code as far as possible.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 4. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1951, Ch. 764.)
  44. 400.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 17. Clean Energy and Pollution Reduction [400 - 400.3] ( Article 17 added by Stats. 2015, Ch. 547, Sec. 25. )

    Verify source ↗

    The commission and the Energy Commission must take a series of actions to advance California’s clean energy and pollution reduction goals, including reviewing programs, prioritizing certain technologies, creating a tracking system, and establishing an advisory group.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 17. Clean Energy and Pollution Reduction [400 - 400.3] ( Article 17 added by Stats. 2015, Ch. 547, Sec. 25. ) ## 400. The commission and the Energy Commission shall do all of the following in furtherance of meeting the state’s clean energy and pollution reduction objectives: (a) Take into account the use of distributed generation to the extent that it provides economic and environmental benefits in disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code. (b) Take into account the opportunities to decrease costs and increase benefits, including pollution reduction and grid integration, using renewable and nonrenewable technologies with zero or lowest feasible emissions of greenhouse gases, criteria pollutants, and toxic air contaminants onsite in proceedings associated with meeting the objectives. (c) Where feasible, authorize procurement of resources to provide grid reliability services that minimize reliance on system power and fossil fuel resources and, where feasible, cost effective, and consistent with other state policy objectives, increase the use of large- and small-scale energy storage with a variety of technologies, including green electrolytic hydrogen, targeted energy efficiency, demand response, including, but not limited to, automated demand response, eligible renewable energy resources, or other renewable and nonrenewable technologies with zero or lowest feasible emissions of greenhouse gases, criteria pollutants, and toxic air contaminants onsite to protect system reliability. (d) (1) Review technology incentive, research, development, deployment, and market facilitation programs overseen by the commission and the Energy Commission and make recommendations to advance state clean energy and pollution reduction objectives and provide benefits to disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code. (2) The Energy Commission shall review technology incentive, research, development, deployment, and market facilitation programs operating in California and overseen by academia and the private and nonprofit sectors, and make recommendations to advance state clean energy and pollution reduction objectives and provide benefits to disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code. (e) To the extent feasible and consistent with the state and federal constitutions, give first priority to the manufacture and deployment of clean energy and pollution reduction technologies that create employment opportunities in California, including high wage, highly skilled employment opportunities, and increased investment in the state. (f) Establish a publicly available tracking system to provide up-to-date information at least once annually on progress toward meeting the clean energy and pollution reduction goals of the Clean Energy and Pollution Reduction Act of 2015. (g) (1) Establish a disadvantaged community advisory group consisting of representatives from disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code. The disadvantaged community advisory group shall review and provide advice on programs proposed to achieve clean energy and pollution reduction and determine whether those proposed programs will be effective and useful in disadvantaged communities. (2) Each member of the disadvantaged community advisory group shall receive per diem and shall be reimbursed for travel and other necessary expenses incurred in the performance of his or her duties under this section. The total amount of money expended for panel expenses pursuant to this paragraph shall not exceed one hundred thousand dollars ($100,000) per year. (3) For the purposes of paragraph (2), per diem, travel and other necessary expenses shall be funded equally by the commission and the Energy Commission. (Amended by Stats. 2018, Ch. 567, Sec. 1. (SB 1369) Effective January 1, 2019.)
  45. 400.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 17. Clean Energy and Pollution Reduction [400 - 400.3] ( Article 17 added by Stats. 2015, Ch. 547, Sec. 25. )

    Verify source ↗

    This section defines “green electrolytic hydrogen” as hydrogen gas made through electrolysis, and excludes hydrogen made using steam reforming or other fossil-fuel conversion methods.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 17. Clean Energy and Pollution Reduction [400 - 400.3] ( Article 17 added by Stats. 2015, Ch. 547, Sec. 25. ) ## 400.2. For the purposes of this article, “green electrolytic hydrogen” means hydrogen gas produced through electrolysis and does not include hydrogen gas manufactured using steam reforming or any other conversion technology that produces hydrogen from a fossil fuel feedstock. (Added by Stats. 2018, Ch. 567, Sec. 2. (SB 1369) Effective January 1, 2019.)
  46. 400.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 17. Clean Energy and Pollution Reduction [400 - 400.3] ( Article 17 added by Stats. 2015, Ch. 547, Sec. 25. )

    Verify source ↗

    The commission, State Air Resources Board, and Energy Commission must treat green electrolytic hydrogen as an eligible form of energy storage and consider other possible uses of it in their decarbonization strategies.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.3. Electrical Restructuring [330 - 400.3] ( Chapter 2.3 added by Stats. 1996, Ch. 854, Sec. 10. ) ## ARTICLE 17. Clean Energy and Pollution Reduction [400 - 400.3] ( Article 17 added by Stats. 2015, Ch. 547, Sec. 25. ) ## 400.3. The commission, State Air Resources Board, and Energy Commission shall consider green electrolytic hydrogen an eligible form of energy storage and shall consider other potential uses of green electrolytic hydrogen in their decarbonization strategies. For purposes of this section, “decarbonization strategies” means actions undertaken to reduce or eliminate emissions of greenhouse gases. (Amended by Stats. 2022, Ch. 363, Sec. 4. (SB 1075) Effective January 1, 2023.)
  47. 40000.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    This section states that this part is to be known and cited as the “Orange County Transit District Act of 1965.”

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40000. This part shall be known and cited as the “Orange County Transit District Act of 1965.” (Added by Stats. 1965, Ch. 1899.)
  48. 40001.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    This article governs how this part is to be read, unless the context requires otherwise.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40001. Unless the context otherwise requires, the provisions of this article govern the construction of this part. (Added by Stats. 1965, Ch. 1899.)
  49. 40002.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    “District” means the Orange County Transit District formed under this part.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40002. “District” means the Orange County Transit District formed under this part. (Added by Stats. 1965, Ch. 1899.)
  50. 40003.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    “Board” means the district’s board of directors.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40003. “Board” means the board of directors of this district. (Added by Stats. 1965, Ch. 1899.)
  51. 40004.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    This section defines “voter” as an elector registered under the Elections Code.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40004. “Voter” means any elector who is registered under the Elections Code. (Added by Stats. 1965, Ch. 1899.)
  52. 40005.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    This section defines “transit” and says the district is not barred from leasing buses to private certified public carriers or providing schoolbus service.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40005. “Transit” means the transportation of passengers only and their incidental baggage by means other than by chartered bus, sightseeing bus, or any other motor vehicle not on an individual passenger fare-paying basis and includes carpools and ridesharing in private vehicles. Nothing in this section shall be construed to prohibit the district from leasing its buses to private certified public carriers or to prohibit the district from providing schoolbus service for the transportation of pupils between their homes and schools. (Amended by Stats. 1989, Ch. 367, Sec. 2.)
  53. 40006.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    This section defines “transit works” or “transit facilities” as property, equipment, rights, or interests the district owns or will acquire for transit service.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Definitions [40000 - 40006] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40006. “Transit works” or “transit facilities” means all real and personal property, equipment, rights, or interests owned or to be acquired by the district for transit service. (Added by Stats. 1965, Ch. 1899.)
  54. 40010.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. General Provisions [40010 - 40014] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    This provision says an Orange County transit district is needed and describes the goal of creating a permanent, compatible regional transit system when financing allows.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. General Provisions [40010 - 40014] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40010. It is necessary that a transit district be established in Orange County in order to provide an interim solution to the transit problem of this area pending inclusion, if at all, of Orange County into the Southern California Rapid Transit District. The problem is unique in that presently there are several existing transportation facilities serving various parts of the area but independently operated, without interchange of transportation services, and without possibility of merger. The geographic location of the area requiring transportation services makes it necessary to develop a single transit system to protect the public interest. It shall be the ultimate purpose of the Orange County Transit District to establish, when financing therefor becomes feasible, a permanent rapid transit system designed to be part of a unified Los Angeles-Orange County areawide regional system. When such permanent system is planned it shall incorporate physical characteristics necessary for full compatibility with the system of the Southern California Rapid Transit District, and unified management of the operations of such an areawide system shall be provided. Such unified management may be provided by management or operating contract with, or by annexation of the Orange County Transit District to, the Southern California Rapid Transit District or by any other lawful means; and shall take into full account the financial burdens already assumed by the citizens of the area comprising the Los Angeles Rapid Transit District to establish its system, which should be recognized in the operation of the unified system. The share of such financial burdens to be assumed by the Orange County Transit District, determined by its board by agreement with the board of the Southern California Rapid Transit District to be in the best mutual interest of the citizens of the two districts, may be made payable out of bond proceeds (subject to authorization of the bonds at an election), tax levies or any other available funds and may be made payable at such times and upon such rate of interest and other terms as shall be agreed between the boards of the two districts. (Added by Stats. 1965, Ch. 1899.)
  55. 40011.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. General Provisions [40010 - 40014] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The Orange County Transit District includes all territory in Orange County within its exterior boundaries.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. General Provisions [40010 - 40014] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40011. The Orange County Transit District as created and established by the voters of the County of Orange comprises all that portion of the County of Orange lying within the exterior boundaries thereof. (Amended by Stats. 1971, Ch. 389.)
  56. 40012.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. General Provisions [40010 - 40014] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Elections under this part must be held and conducted, and their results determined and declared, as nearly as practicable in line with the state’s general election laws, unless this part provides otherwise.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. General Provisions [40010 - 40014] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40012. Except as otherwise provided in this part elections shall be held and conducted and the result ascertained, determined, and declared in all respects as nearly as practicable in conformity with the general election laws of the state. (Added by Stats. 1965, Ch. 1899.)
  57. 40013.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. General Provisions [40010 - 40014] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Ordinances and notices that must be published must be published within the district, unless 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 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. General Provisions [40010 - 40014] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40013. Except as otherwise provided in this part all ordinances and notices which are required to be published shall be published within the district pursuant to Section 6066 of the Government Code. (Added by Stats. 1965, Ch. 1899.)
  58. 40014.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. General Provisions [40010 - 40014] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Covered district and retirement system signatures may be made with a facsimile plate, except for the single instance in Section 40243.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 1. General Provisions [40000 - 40014] ( Chapter 1 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. General Provisions [40010 - 40014] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40014. Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system is authorized or required under the provisions of this part, except in the single instance provided in Section 40243, the signature may be made by the use of a plate bearing facsimilies of such signatures. (Added by Stats. 1965, Ch. 1899.)
  59. 40060.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Government [40060 - 40062] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The members of the Orange County Transportation Authority serve as the district’s board of directors, as specified by Section 130052.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Government [40060 - 40062] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40060. The members of the Orange County Transportation Authority, comprised as specified by Section 130052, shall serve as the board of directors of the district. (Amended by Stats. 1990, Ch. 983, Sec. 1. Operative December 1, 1991, or sooner, as prescribed by Sec. 8 of Ch. 983.)
  60. 40061.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Government [40060 - 40062] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board of directors must choose one of its members to serve as chairman.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Government [40060 - 40062] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40061. The board of directors shall select one of its members as chairman. (Added by Stats. 1965, Ch. 1899.)
  61. 40062.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Government [40060 - 40062] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board must determine how many officers the district has and appoint them. An Orange County Transportation Authority officer may also serve as a district officer.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Government [40060 - 40062] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40062. The board shall determine the number of, and appoint the officers of the district. Any officer of the Orange County Transportation Authority may also serve as an officer of the district. (Amended by Stats. 1990, Ch. 983, Sec. 3. Operative December 1, 1991, or sooner, as prescribed by Sec. 8 of Ch. 983.)
  62. 40070.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The chairman is the board’s presiding officer and must vote on propositions decided by the board.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40070. The chairman is the presiding officer of the board and he shall vote on the propositions passed upon by the board. (Added by Stats. 1965, Ch. 1899.)
  63. 40071.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board must hold its first meeting within 10 days after election results are certified to the Secretary of State. The board may also set its own procedure rules and choose the time and place of meetings.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40071. The first meeting of the board shall be held within 10 days after the board of supervisors certifies the results of the election to the Secretary of State pursuant to Section 40050. The board may make its own rules of procedure and determine the place and time of its meeting. (Added by Stats. 1965, Ch. 1899.)
  64. 40072.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board must choose one of its members as vice chairman and appoint officers it considers necessary for the district’s affairs.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40072. The board shall select one of its members vice chairman, who shall preside in the absence of its chairman. The board shall provide for and select such officers as it deems necessary to conduct the affairs of the district. (Added by Stats. 1965, Ch. 1899.)
  65. 40073.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board must provide for matters needed to properly administer the district’s affairs when this part does not already address them.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40073. All matters and things necessary for the proper administration of the affairs of the district which are not provided for in this part shall be provided for by the board. (Added by Stats. 1965, Ch. 1899.)
  66. 40074.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board must supervise and regulate district transit facilities, including setting rates and enforcing rules.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40074. 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. 1965, Ch. 1899.)
  67. 40075.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board may operate the transit system itself or contract with public or private agencies or corporations to run or improve transit services and operations.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40075. The board may either operate the transit system itself or a part thereof or it may contract with any other public or private agency or corporation to operate all or part of the transit system for the district or it may contract with any other public or private agency or corporation for the improvement in transit services, facilities, equipment or operations being operated and conducted by said agency or corporation in, and, or, out of, the district. (Added by Stats. 1965, Ch. 1899.)
  68. 40077.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board may hire or contract for professional services needed by the district, including certain named officers and staff services.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40077. The board may, from time to time, contract for or employ any professional service required by the district or for the performance of work or services which cannot satisfactorily be performed by the regular employees of the district. The board may contract for the services of a treasurer, auditor, counsel, clerk, and general manager. (Amended by Stats. 1976, Ch. 546.)
  69. 40078.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The county auditor must provide the board with an annual audit of the district’s books and accounts, unless the board provides an audit by a 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 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40078. (a) The Auditor of the County of Orange shall provide the board with an annual audit of all books and accounts of the district, unless an audit by a certified public accountant or public accountant is otherwise provided by the board. The county auditor may make, or may contract with a certified public accountant or public accountant to make, the annual audit. Any costs incurred by the county auditor, including contracts with or employment of, a certified public accountant or public accountant, in making the audit pursuant to this section shall be borne by the district. (b) Where an audit of the district’s accounts and records is made by a certified public accountant or public accountant, the minimum requirements of the audit shall be prescribed by the State Controller and shall conform to generally accepted auditing standards. A report shall be filed with the Auditor of the County of Orange within 12 months of the end of the fiscal year under examination. (Amended by Stats. 1976, Ch. 546.)
  70. 40079.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board may use a resolution to allow district claims to be paid without prior specific board approval, if it sets conditions.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40079. Payment of claims against the district and disbursement of district funds shall be in the manner provided for claims against a county and disbursements of funds of a county. The board, however, may provide by resolution for the payment of claims against the district without the prior specific approval thereof by the board, subject to such conditions as prescribed by the board. (Amended by Stats. 1976, Ch. 546.)
  71. 40080.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Territory inside the district cannot be annexed to another transit district unless the board approves it by resolution.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40080. None of the territory which is within the district shall be annexed to any other transit district unless the board, by resolution, approves the annexation of such territory to such other transit district. (Added by Stats. 1965, Ch. 1899.)
  72. 40081.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board may create and manage funds for the district, must follow its own rules when disbursing them, and must report all payments from those funds to the board.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Powers and Duties of Directors [40070 - 40081] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40081. 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 adopted by the board, and all payments from any fund shall be reported to the board. (Added by Stats. 1976, Ch. 546.)
  73. 40085.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 3. Meetings and Legislation [40085 - 40089] ( Article 3 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board’s meetings must be conducted according to the Ralph M. Brown Act.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 3. Meetings and Legislation [40085 - 40089] ( Article 3 added by Stats. 1965, Ch. 1899. ) ## 40085. All meetings of the board shall be conducted in a manner prescribed by the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950), Part 1, Division 2, Title 5 of the Government Code. (Added by Stats. 1965, Ch. 1899.)
  74. 40086.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 3. Meetings and Legislation [40085 - 40089] ( Article 3 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    A majority of the board is needed to make a quorum for doing business.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 3. Meetings and Legislation [40085 - 40089] ( Article 3 added by Stats. 1965, Ch. 1899. ) ## 40086. A majority of the board constitutes a quorum for the transaction of business. (Added by Stats. 1965, Ch. 1899.)
  75. 40088.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 3. Meetings and Legislation [40085 - 40089] ( Article 3 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board must act by motion, resolution, or ordinance, and those actions are valid only if a majority of the directors votes affirmatively.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 3. Meetings and Legislation [40085 - 40089] ( Article 3 added by Stats. 1965, Ch. 1899. ) ## 40088. The acts of the board shall be expressed by motion, resolution or ordinance. No ordinance, resolution or motion shall have any validity or effect unless passed by the affirmative votes of a majority of the directors. District ordinances shall be adopted in the same manner as provided for adoption of ordinances by a county. (Added by Stats. 1965, Ch. 1899.)
  76. 40089.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 3. Meetings and Legislation [40085 - 40089] ( Article 3 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Ordinances of the Orange County Transit District must use the stated enacting clause and be signed by the board chairman or vice chairman and attested by the clerk.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 3. Meetings and Legislation [40085 - 40089] ( Article 3 added by Stats. 1965, Ch. 1899. ) ## 40089. The enacting clause of all ordinances shall be as follows: “Be it ordained by the board of directors of the Orange County Transit District.” All ordinances shall be signed by the chairman or vice chairman of the board and attested by the clerk. (Added by Stats. 1965, Ch. 1899.)
  77. 40095.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Other Officers [40095 - 40098] ( Article 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board may appoint a general manager and set the manager’s salary.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Other Officers [40095 - 40098] ( Article 4 added by Stats. 1965, Ch. 1899. ) ## 40095. The board may appoint and fix the salary of a general manager who shall have full charge of the acquisition, construction, maintenance, and operation of the facilities of the district, and of the administration of the business affairs of the district. (Amended by Stats. 1991, Ch. 752, Sec. 1.5.)
  78. 40096.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Other Officers [40095 - 40098] ( Article 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board may designate specified County of Orange officers to serve as district officers, may designate the county treasury as the district depositary, and the district must pay any costs those officers incur in providing services to the district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Other Officers [40095 - 40098] ( Article 4 added by Stats. 1965, Ch. 1899. ) ## 40096. The board may designate the Treasurer, the Auditor, the County Counsel, and the Clerk of the County of Orange as the treasurer, auditor, counsel, and clerk of the district, and the treasury of that county may be designated the depositary for district funds for such time as the board may determine. Any costs incurred by the Treasurer, Auditor, County Counsel, and Clerk of the County of Orange in performing services for the district shall be borne by the district. (Added by Stats. 1976, Ch. 546.)
  79. 40097.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Other Officers [40095 - 40098] ( Article 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The treasurer must safeguard the district’s funds, pay only on properly signed warrants, and keep records 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 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Other Officers [40095 - 40098] ( Article 4 added by Stats. 1965, Ch. 1899. ) ## 40097. The treasurer shall be the custodian of the funds of the district and shall make payments only upon warrants duly and regularly signed by the chairman of the board or any other person so authorized by the board. The treasurer shall keep an account of all receipts and disbursements. (Added by Stats. 1976, Ch. 546.)
  80. 40098.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Other Officers [40095 - 40098] ( Article 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district treasurer must pay warrants from available district funds, and in one specified setup the district must send warrant listings to the county auditor when requested.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 3. Internal Organization of District [40060 - 40098] ( Chapter 3 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Other Officers [40095 - 40098] ( Article 4 added by Stats. 1965, Ch. 1899. ) ## 40098. Notwithstanding any other provision of law which requires warrants to be paid by the county auditor, the district treasurer shall pay the warrant if sufficient district funds are available. In the event that the district designates the treasury of the County of Orange to be the depository of district funds and the county auditor is not designated as the district auditor, a listing of warrants issued by the district shall be submitted to the county auditor, upon his request, on the same day the warrants are issued. The form and content of the warrant listing shall be as prescribed by the board and approved by the county auditor. (Added by Stats. 1976, Ch. 546.)
  81. 401.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. )

    Verify source ↗

    This section says the commission should be funded by reasonable fees on specified utilities and related entities, and that the fees should raise only enough revenue to cover authorized costs and an appropriate reserve.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 401. (a) The Legislature finds and declares that the public interest is best served by a commission that is appropriately funded and staffed, that can thoroughly examine the issues before it, and that can take timely and well-considered action on matters before it. The Legislature further finds and declares that funding the commission by means of a reasonable fee imposed upon each common carrier and business related thereto, each public utility that the commission regulates, and each applicant for, or holder of, a state franchise pursuant to Division 2.5 (commencing with Section 5800), helps to achieve those goals and is, therefore, in the public interest. (b) The Legislature intends, in enacting this chapter, that the fees levied and collected pursuant thereto produce enough, and only enough, revenues to fund the commission with (1) its authorized expenditures for each fiscal year to regulate common carriers and businesses related thereto, public utilities, and applicants and holders of a state franchise to be a video service provider, less the amount to be paid from special accounts except those established by this article, reimbursements, federal funds, and the unencumbered balance from the preceding year; (2) an appropriate reserve; and (3) any adjustment appropriated by the Legislature. (c) For purposes of this chapter, an “appropriate reserve” means a reserve in addition to the commission’s total authorized annual budget to regulate common carriers and related businesses, public utilities, and applicants and holders of a state franchise to be a video service provider, to be determined by the commission based on its past and projected operating experience. (Amended by Stats. 2006, Ch. 700, Sec. 1. Effective January 1, 2007.)
  82. 40120.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    If a majority of district employees want union representation and the union is confirmed as the representative, the district must sign a written contract covering wages, salaries, hours, and working conditions.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. ) ## 40120. Whenever a majority of the employees employed by the district in a unit appropriate for collective bargaining indicate a desire to be represented by a labor organization, the district, upon determining as provided in Section 40122 that the labor organization represents the employees in the appropriate unit, shall enter into a written contract with the accredited representative of those employees governing wages, salaries, hours, and working conditions. In case of a dispute over wages, salaries, hours, or working conditions, which is not resolved by negotiations in good faith between the district and the labor organization, upon the request of both, the district and the labor organization may submit the dispute to the decision of the majority of an arbitration board, and the decision of the majority of the arbitration board shall be final. The arbitration board shall be composed of two representatives of the district, and two representatives of the labor organization, and they shall endeavor to agree upon the selection of the fifth member. If they are unable to agree, the names of five persons experienced in labor arbitration shall be obtained from the California State Mediation and Conciliation Service. The labor organization and the district shall, alternately, strike a name from the list so supplied, and the name remaining after the labor organization and the district have stricken four names, shall be designated as the arbitrator. The labor organization and the district shall determine by lot who shall first strike from the list. The decision of a majority of the arbitration board shall be final and binding upon the parties thereto. The expenses of arbitration shall be borne equally by the parties. Each party shall bear his or her own costs. (Amended by Stats. 2012, Ch. 46, Sec. 124. (SB 1038) Effective June 27, 2012.)
  83. 40121.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district must not discriminate in employment against any person because of race, creed, or color.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. ) ## 40121. No contract or agreement shall be made with any labor organization, association, group, or individual, or be assumed under the provisions of this section, where such organization, association, group, or individual denies membership to or in any manner discriminates against any employee on the grounds of race, creed, color or sex; provided, that such organization may preclude from membership any individual who advocates the overthrow of the government by force or violence. The district shall not discriminate in regard to employment against any person because of his race, creed, or color. (Added by Stats. 1965, Ch. 1899.)
  84. 40122.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    If there is a dispute about majority representation or the appropriateness of a bargaining unit, the matter must go to the State Conciliation Service, which must hold a prompt public hearing, decide the unit, run a representation election, and certify the result.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. ) ## 40122. If there is a question whether a labor organization represents a majority of employees or whether the proposed unit is or is not appropriate, such matters shall be submitted to the State Conciliation Service for disposition. The State Conciliation Service shall promptly hold a public hearing after due notice to all interested parties and shall thereupon determine the unit appropriate for the purposes of collective bargaining. In making such determination and in establishing rules and regulations governing petitions, the conduct of hearings and elections, the State Conciliation Service shall be guided by relevant federal law and administrative practice, developed under the Labor-Management Relations Act, 1947, as presently amended. The State Conciliation Service shall provide for an election to determine the question of representation and shall certify the results to the parties. Any certification of a labor 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; provided, that no collective bargaining agreement shall be construed to be a bar to representation proceedings for a period of more than two years. (Added by Stats. 1965, Ch. 1899.)
  85. 40122.1.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The Public Employment Relations Board handles complaints under this chapter as unfair practice charges and has exclusive authority over the initial determination, with limits on damages in unlawful strike cases.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. ) ## 40122.1. (a) 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 apply, as appropriate, to this chapter and shall include the authority as set forth in subdivision (b). (b) A complaint alleging any violation of this chapter or of any rules and regulations adopted by the district shall be processed as an unfair practice charge by the Public Employment Relations Board. 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, shall be 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. The Public Employment Relations Board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter. (c) The Public Employment Relations Board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed to restrict or expand that board’s jurisdiction or authority as set forth in subdivisions (a) and (b). (Added by Stats. 2019, Ch. 713, Sec. 1. (AB 355) Effective January 1, 2020.)
  86. 40122.2.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    This section lets certain aggrieved parties seek extraordinary relief from a final Public Employment Relations Board decision or order, and sets filing and response deadlines.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. ) ## 40122.2. (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 the county where the events giving rise to the decision or order occurred. 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. 2019, Ch. 713, Sec. 2. (AB 355) Effective January 1, 2020.)
  87. 40123.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    When the district acquires facilities from a public utility, it must keep existing labor contracts and protect affected employees’ pay, seniority, pension, vacation, and other benefits.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. ) ## 40123. Whenever the district acquires existing facilities from a publicly or privately owned public utility, either in proceedings by eminent domain or otherwise, the district shall assume and observe all existing labor contracts. To the extent necessary for operation of facilities, all of the employees of such acquired public utility whose duties pertain to the facilities acquired shall be appointed to comparable positions in the district without examination, subject to all the rights and benefits of this part, and these employees shall be given sick leave, seniority, vacation and pension credits in accordance with the records and labor agreements of the acquired public utility. Members and beneficiaries of any pension or retirement system or other benefits established by that public utility shall continue to have the rights, privileges, benefits, obligations and status with respect to such established system. No employee of any acquired public utility shall suffer any worsening of his wages, seniority, pension, vacation or other benefits by reason of the acquisition. The district may extend the benefits of this section to officers or supervisory employees of the acquired utility. (Added by Stats. 1965, Ch. 1899.)
  88. 40124.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district generally may not acquire, dispose of, lease, merge, consolidate, coordinate, reduce service, or end certain lease or management arrangements without first giving notice to the affected employees’ collective bargaining agent.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. ) ## 40124. Except as otherwise provided in Chapter 6.5 (commencing with Section 40221) of this part, the district shall not acquire any existing system or part thereof whether by purchase, lease, condemnation, or otherwise. The district shall not dispose of or lease to any transit system or part thereof, nor merge, consolidate or coordinate any transit system or part thereof, or reduce or limit the lines or service of any existing system or of its system, or terminate any lease arrangement or management contract, unless it shall first give notice of such contemplated action to the collective bargaining agent of the employees who are or may be affected thereby. The terms and conditions of employment affected by such action shall be a proper subject of collective bargaining. (Added by Stats. 1965, Ch. 1899.)
  89. 40125.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    District employees may authorize payroll deductions, and the district may then make deductions from their wages and salaries.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. ) ## 40125. Notwithstanding the provisions of the Government Code, employees of this district may authorize and, upon such authorization, the district may make deductions from wages and salaries of such employees: (1) Pursuant to a collective bargaining agreement with a duly designated or certified labor organization for the payment of union dues, fees, or assessments. (2) For the payment of contributions pursuant to any health and welfare plan or pension or retirement plan. (3) For any purpose for which deductions may be authorized by employees of any private employer. (Added by Stats. 1965, Ch. 1899.)
  90. 40126.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district must bargain in good faith with a certified or designated labor organization, sign a written collective bargaining agreement, follow its terms, and make authorized payroll deductions for union-related payments when the agreement allows them.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. ) ## 40126. The obligation of the district to bargain in good faith with a duly designated or certified labor organization and to execute a written collective bargaining agreement with such labor organization covering the wages, hours and working conditions of the employees represented by such labor organization in an appropriate unit, and to comply with the terms thereof shall not be limited or restricted by the provisions of the Government Code or other laws or statutes and the obligation of the district to bargain collectively shall extend to all subjects of collective bargaining which are or may be proper subjects of collective bargaining with a private employer, including retroactive provisions. Notwithstanding the provisions of the Government Code or other laws or statutes, the district shall make deductions from wages and salaries of its employees upon receipt of authorization therefor for the payment of union dues, fees or assessments, for the payment of contributions pursuant to any health and welfare plan or pension plan or for any other purpose for which deductions may be authorized by employees of any private employer, where such deductions are pursuant to a collective bargaining agreement with a duly designated or certified labor organization. (Added by Stats. 1965, Ch. 1899.)
  91. 40127.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may provide a retirement system, but if it covers employees represented by a labor organization, its adoption, terms, and conditions must be set through a collective bargaining agreement.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. ) ## 40127. The district may provide for a retirement system; provided, that the adoption, terms and conditions of any retirement system covering employees of the district represented by a labor organization in accordance with this section shall be pursuant to a collective bargaining agreement between such labor organization and the district. (Added by Stats. 1965, Ch. 1899.)
  92. 40128.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district must take steps to obtain Social Security and FICA coverage for the district and its employees, but it does not have to provide that coverage for employees who are members of the Orange County Employees Retirement System.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. ) ## 40128. The district shall take the necessary steps to obtain coverage for the district and its employees under Subchapter II of the federal Social Security Act, as amended, and the related provisions of the Federal Insurance Contributions Act, as amended. However, the district is not required to provide coverage under Subchapter II of the federal Social Security Act, as amended, for employees who are members of the Orange County Employees Retirement System. Notwithstanding Section 31557 of the Government Code, administrative and professional employees may be admitted to membership in the Orange County Employees Retirement System without making membership applicable to all employees of the district. The board, by resolution, shall determine which employees are employed in administrative and professional classifications. (Amended by Stats. 1991, Ch. 752, Sec. 2.)
  93. 40129.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district must take necessary steps to get workers’ compensation, unemployment compensation disability, and unemployment insurance coverage for itself and its employees.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 4. Labor Provisions [40120 - 40129] ( Chapter 4 added by Stats. 1965, Ch. 1899. ) ## 40129. The district shall take such steps as may be necessary to obtain coverage for the district and its employees under the workers’ compensation, unemployment compensation disability and unemployment insurance laws of the State of California. (Amended by Stats. 1974, Ch. 1454.)
  94. 40130.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 5. Retirement System [40130- 40130.] ( Chapter 5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The Orange County Employees Retirement System applies to district officers and employees, unless Chapter 4 provides otherwise.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 5. Retirement System [40130- 40130.] ( Chapter 5 added by Stats. 1965, Ch. 1899. ) ## 40130. The Orange County Employees Retirement System and the laws relating thereto or as hereafter amended shall be applicable to the officers and employees of the district, except as otherwise provided in Chapter 4 (commencing with Section 40120) of this part. (Added by Stats. 1965, Ch. 1899.)
  95. 40160.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Corporate Power [40160 - 40163] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Corporate Power [40160 - 40163] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40160. The district has perpetual succession and may adopt a seal and alter it at its pleasure. (Added by Stats. 1965, Ch. 1899.)
  96. 40161.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Corporate Power [40160 - 40163] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    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 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Corporate Power [40160 - 40163] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40161. 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. 1965, Ch. 1899.)
  97. 40162.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Corporate Power [40160 - 40163] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may use eminent domain to take property needed for its powers, but it must pay relocation-related costs for affected public utility property and cannot take railroad corporation property for those purposes unless the Public Utilities Commission approves after a hearing.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Corporate Power [40160 - 40163] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40162. 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 of removal, reconstruction or relocation of any structure, railway, mains, pipes, conduits, cables or poles of any public utility which is required to be moved to a new location. No such taking or acquisition by the district which would involve the abandonment, removal, relocation, or use of property of a railroad corporation, as defined in Section 230 of this code, shall be permitted, unless the Public Utilities Commission, after hearing, shall find and determine that the public interest and necessity require the abandonment, removal, relocation, or use of such property and that such taking or acquisition will not unreasonably impair the ability of the railroad corporation involved to provide safe, adequate, economical, and efficient service. (Amended by Stats. 1975, Ch. 1176.)
  98. 40163.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Corporate Power [40160 - 40163] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Provisions in the County Transportation Commissions Act that apply to the Orange County Transportation Authority also apply to the Orange County Transit District, in addition to this part’s own powers and functions. The board of directors decides which provisions apply to the district’s conduct.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Corporate Power [40160 - 40163] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40163. All the provisions of the County Transportation Commissions Act (Division 12 (commencing with Section 130000)), regarding the powers and functions of the Orange County Transportation Authority shall be equally applicable to the Orange County Transit District as if set forth herein, and shall be in addition to the powers and functions set forth in this part. The board of directors shall determine which provisions are applicable to the conduct of the district. (Added by Stats. 1991, Ch. 752, Sec. 3.)
  99. 40165.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Contracts [40165 - 40166] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may make contracts and stipulations of any kind, including agreements to indemnify and hold harmless, employ labor, and do 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 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Contracts [40165 - 40166] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40165. 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 hold 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. 1965, Ch. 1899.)
  100. 40166.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Contracts [40165 - 40166] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    District officers and employees must not have a direct or indirect interest in contracts awarded or to be awarded by the board, or in the profits from those contracts, except as limited by the cited Government Code provision.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Contracts [40165 - 40166] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40166. No officer or employee of the district shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom contrary to the provisions of Article 4 (commencing with Section 1090), Chapter 1, Division 4, Title 1 of the Government Code. (Added by Stats. 1965, Ch. 1899.)
  101. 40175.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Property [40175 - 40176] ( Article 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may acquire, hold, and use property needed for its powers, and the board may lease, mortgage, sell, or otherwise dispose of district property when it thinks that 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 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Property [40175 - 40176] ( Article 4 added by Stats. 1965, Ch. 1899. ) ## 40175. 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. 1965, Ch. 1899.)
  102. 40176.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Property [40175 - 40176] ( Article 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Powers under Section 40175 must be exercised in the same way and under the same procedures as similar powers of the County of Orange, unless this part expressly provides otherwise.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Property [40175 - 40176] ( Article 4 added by Stats. 1965, Ch. 1899. ) ## 40176. Exercise of the powers provided under Section 40175 shall be undertaken in the same manner and pursuant to the same procedures as in the exercise of like powers by the County of Orange, except as may otherwise be expressly provided in this part. (Added by Stats. 1965, Ch. 1899.)
  103. 40180.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may acquire and operate transit facilities and may hire or negotiate for employee services, but certain installations need approval from the relevant public authorities.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. ) ## 40180. The district may acquire, construct, own, operate, control or use rights-of-way, rail lines, buslines, stations, platforms, switches, yards, terminals and any and all other facilities necessary or convenient for transit service within or partly without the district underground, upon or above the ground and under, upon or over public streets or other public ways, or waterways, together with all physical structures necessary or convenient for the access of persons or vehicles thereto and may acquire any interest in or rights to the joint use of any or all of the foregoing; provided that: (a) Installations in state freeways shall be subject to the approval of the State Department of Public Works 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. (b) Installations in city streets, parks, or other property devoted to municipal use, shall be subject to the approval of the city council having jurisdiction thereof. The district may acquire, contract and negotiate for the services of any and all employees of any public or private agency or corporation operating transit facilities within the district. (Added by Stats. 1965, Ch. 1899.)
  104. 40180.5.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may buy passenger rail tickets in bulk during specified peak hours on weekdays, and it may resell them to district residents for less than cost.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. ) ## 40180.5. The district may make bulk purchases of passenger tickets for scheduled passenger rail services provided by the National Railroad Passenger Corporation during peak hours, as defined by subdivision (a) of Section 99260.2, on Monday through Friday, inclusive. The district may resell to residents of the district the tickets at less than the cost to the district. (Amended by Stats. 1979, Ch. 1002.)
  105. 40181.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may accept property and may make contracts and cooperate with the state or other public agencies for transit facilities.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. ) ## 40181. The district may without limitation by any other provisions of this part requiring approval of indebtedness, accept contributions of money, rights-of-way, labor, materials, and any other property for the acquisition, construction, maintenance, and operation of transit facilities, and may without limitation by any other provisions of this part enter into any contracts and cooperation with and accept cooperation from the state, or any department, instrumentality, or agency thereof, or any public agency in the acquisition, construction, maintenance, and operation of, and in financing the acquisition, construction, maintenance, and operation of, any such transit facilities. (Added by Stats. 1965, Ch. 1899.)
  106. 40182.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may acquire, build, own, or operate air terminal facilities, including outside the district if the county where they are located consents.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. ) ## 40182. The district may acquire, construct, own, or operate air terminal facilities within the district and, with the consent of the county in which such facilities are located, outside of the district, and may accept contributions of money, labor, materials, and any other property from, and enter into any contract and cooperation with, the federal government or the state, or any department, instrumentality, or agency thereof, or any public agency for such purposes. (Added by Stats. 1972, Ch. 1061.)
  107. 40183.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may lease or contract for use of its transit facilities to an 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 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. ) ## 40183. The district may lease or contract for the use of its transit 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. 1965, Ch. 1899.)
  108. 40184.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may build, operate, or acquire and operate transit works and facilities, and install adequate bus stops, subject to the governing body in charge of the affected streets, highways, waterways, or state lands.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. ) ## 40184. 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, and to install adequate bus stops, including the painting of curbs, subject to the governing body in charge of such streets, highways, stream, watercourse or lands. (Added by Stats. 1965, Ch. 1899.)
  109. 40185.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. ) ## 40185. The district may enter into agreements for the joint use of any property and rights by the district and any city, public agency or public utility operating transit facilities; may enter into agreements with any city, 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 such city, public agency or public utility, or the establishment of through routes, joint fares, transfer of passengers or pooling arrangements. (Added by Stats. 1965, Ch. 1899.)
  110. 40186.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board must set the rates and charges for service under this part, and they must be reasonable.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. ) ## 40186. The rates and charges for service furnished pursuant to this part shall be fixed by the board and shall be reasonable. (Added by Stats. 1965, Ch. 1899.)
  111. 40187.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district must follow Vehicle Code Division 14.8 and CHP bus-safety rules when operating buses.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Transit Facilities and Service [40180 - 40187] ( Article 5 added by Stats. 1965, Ch. 1899. ) ## 40187. The district shall be subject to the provisions of Division 14.8 (commencing with Section 34500) of the Vehicle Code with respect to the operation of buses and to the rules and regulations prescribed by the Department of the California Highway Patrol pursuant to that chapter regulating the safe operation of buses. (Added by Stats. 1965, Ch. 1899.)
  112. 402.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. )

    Verify source ↗

    The Utilities Reimbursement Account is continued, and the commission must send fees collected under Section 431 to the Treasurer at least quarterly for deposit in that account.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 402. The Public Utilities Commission Utilities Reimbursement Account is hereby continued in existence. All fees collected by the commission pursuant to Section 431 shall be transmitted to the Treasurer at least quarterly for deposit in the account. (Repealed and added by Stats. 1983, Ch. 323, Sec. 71. Effective July 1, 1983.)
  113. 40200.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 6. Indebtedness [40200 - 40201] ( Article 6 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district has power to obtain temporary transfers of funds, subject to the cited constitutional provision.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 6. Indebtedness [40200 - 40201] ( Article 6 added by Stats. 1965, Ch. 1899. ) ## 40200. The district shall have the power to obtain temporary transfers of funds in accordance with the last paragraph of Section 31, Article IV of the State Constitution. (Added by Stats. 1965, Ch. 1899.)
  114. 40201.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 6. Indebtedness [40200 - 40201] ( Article 6 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may accept loans or contributions, make contracts, cooperate with government entities, and take necessary steps to use transit-facility funding and assistance.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6. Powers and Functions of District [40160 - 40201] ( Chapter 6 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 6. Indebtedness [40200 - 40201] ( Article 6 added by Stats. 1965, Ch. 1899. ) ## 40201. The district may accept, without limitation by any other provisions of this part requiring approval of indebtedness, contributions or loans from the United States, this state, or any department, instrumentality, or agency of either thereof, for the purpose of financing the acquisition, construction, maintenance, and operation of transit facilities, and may enter into contracts and cooperate with, and accept cooperation from, the United States, this state, or any department, instrumentality, or agency of either thereof, in the acquisition, construction, maintenance, and operation, and in financing the acquisition, construction, maintenance, and operation of any such transit facilities in accordance with any legislation which Congress or the Legislature of the State of California may have heretofore adopted or may hereafter adopt, under which aid, assistance, and cooperation may be furnished by the United States or this state in the acquisition, construction, maintenance, and operation or in financing the acquisition, construction, maintenance and operation of any such transit facilities. The district may do any and all things necessary in order to avail itself of such aid, assistance, and cooperation under any federal or state legislation now or hereafter enacted. Any evidence of indebtedness issued under this section shall constitute a negotiable instrument. (Added by Stats. 1965, Ch. 1899.)
  115. 40221.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6.5. Existing Systems [40221 - 40224] ( Chapter 6.5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    This section defines “establish” and “existing system” for this chapter.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6.5. Existing Systems [40221 - 40224] ( Chapter 6.5 added by Stats. 1965, Ch. 1899. ) ## 40221. As used in this chapter: (a) “Establish” includes establish, construct, complete, acquire, extend, or reroute. It does not, however, include the maintenance and operation of any existing system acquired by the district. (b) “Existing system” means any transit service or system of a publicly or privately owned public utility situated entirely within Orange County, or at least 75 percent of whose revenue vehicle miles for the preceding calendar year were operated within Orange County, and has been in operation since at least January 1, 1982. (Amended by Stats. 1981, Ch. 493, Sec. 4.)
  116. 40222.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6.5. Existing Systems [40221 - 40224] ( Chapter 6.5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Before proposing a transit service or system that could divert business from an existing system, the district must give written notice to the public utility operating that existing system.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6.5. Existing Systems [40221 - 40224] ( Chapter 6.5 added by Stats. 1965, Ch. 1899. ) ## 40222. Notwithstanding any other provision of this part, before the district may propose to establish any transit service or system which may at any time divert, lessen, or compete for the patronage or revenues of any existing system, the district shall give a written notice to the public utility which is operating the existing system. The written notice shall describe the transit service or system which the district proposes to establish and shall state the time within which the district proposes to establish the service or system. (Amended by Stats. 1981, Ch. 493, Sec. 5.)
  117. 40222.5.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6.5. Existing Systems [40221 - 40224] ( Chapter 6.5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district must not establish, maintain, or operate the proposed service or system until it has completed purchase of the existing system or part of it.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6.5. Existing Systems [40221 - 40224] ( Chapter 6.5 added by Stats. 1965, Ch. 1899. ) ## 40222.5. The district shall not establish the proposed service or system, or maintain and operate the service or system until it has completed the purchase of the existing system or any part thereof. (Added by Stats. 1965, Ch. 1899.)
  118. 40223.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6.5. Existing Systems [40221 - 40224] ( Chapter 6.5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The purchase price for an existing system must be based on reproduction cost new, including going concern value, minus depreciation, if any.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6.5. Existing Systems [40221 - 40224] ( Chapter 6.5 added by Stats. 1965, Ch. 1899. ) ## 40223. The purchase price to be paid for the existing system, or any portion thereof to be purchased, shall be the reproduction cost new, including going concern value, at the date upon which the district commences negotiations for the purchase of the existing system, or the portion of the existing system, less depreciation, including wear, tear, and obsolescence, if any. (Amended by Stats. 1981, Ch. 493, Sec. 6.)
  119. 40223.5.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6.5. Existing Systems [40221 - 40224] ( Chapter 6.5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district and the public utility may agree on the purchase price for the existing system, or agree to have the price set by arbitration.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6.5. Existing Systems [40221 - 40224] ( Chapter 6.5 added by Stats. 1965, Ch. 1899. ) ## 40223.5. The district and the public utility operating the existing system may agree upon the purchase price or they may agree that the purchase price is to be established by arbitration and upon the method of naming arbitrators and the method of conducting such arbitration. If they do not, the purchase price may be fixed and judgment entered thereon in a suit brought either by the public utility or the district in the superior court in and for the county in which is located that portion of the existing system to be acquired by the district which has the highest value. (Added by Stats. 1965, Ch. 1899.)
  120. 40224.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6.5. Existing Systems [40221 - 40224] ( Chapter 6.5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Section 851 does not apply to sales of an existing system or any part of it under this chapter, and the Public Utilities Commission has no jurisdiction over them.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 6.5. Existing Systems [40221 - 40224] ( Chapter 6.5 added by Stats. 1965, Ch. 1899. ) ## 40224. Section 851 does not apply to any contract for sale or sale of an existing system, or any portion thereof, pursuant to this chapter, and the Public Utilities Commission has no jurisdiction with respect thereto. (Amended by Stats. 1984, Ch. 193, Sec. 108.)
  121. 40225.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may incur bonded debt for transit-related costs, but the total bonds outstanding cannot exceed 20% of the district’s taxable property value.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40225. The district may from time to time incur a bonded indebtedness as provided in this chapter to pay the cost of acquiring, constructing or completing the whole or any portion of any transit facilities, or for acquiring any works, lands, structures, rights, equipment, or other property necessary or convenient to carry out the objects, purposes, or powers of the district. The total amount of bonds issued and outstanding shall not exceed twenty percent (20%) of the assessed value of the taxable property of the district as shown by the last equalized assessment roll of the County of Orange. (Added by Stats. 1965, Ch. 1899.)
  122. 40226.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board may, under specified conditions, adopt an ordinance to submit a bonded indebtedness proposition to district voters at a special bond election.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40226. Whenever the board by resolution passed by vote of two-thirds of all its members determines that the public interest or necessity demands the acquisition, construction, or completion by the district of any transit facilities or any works, lands, structures, rights, equipment, or other property necessary or convenient to carry out the objects, purposes, or powers of the district, the cost of which will be too great to be paid out of the ordinary annual income and revenue of the district, it may at any subsequent meeting of the board provide by ordinance for the submission of the proposition of incurring a bonded indebtedness for the purpose set forth in the resolution to the voters of the district at a special bond election held for that purpose. (Added by Stats. 1965, Ch. 1899.)
  123. 40231.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    An ordinance for a special bond election must set the election date and voting method, and must state the purpose, costs, principal amount, and interest rate of the proposed debt.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40231. The ordinance calling a special bond election shall fix the date on which the election will be held, and the manner of holding the election and of voting for or against incurring the indebtedness. It shall also recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the transit facilities, works, lands, structures, rights, equipment, or other property proposed to be acquired, constructed, or completed, the amount of the principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on the indebtedness, which shall not exceed 6 percent per annum, payable semiannually or annually the first year and thereafter semiannually. (Added by Stats. 1965, Ch. 1899.)
  124. 40232.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    A proposition to incur indebtedness for more than one object or purpose may be submitted at the same election.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40232. Propositions for incurring indebtedness for more than one object or purpose may be submitted at the same election. (Added by Stats. 1965, Ch. 1899.)
  125. 40233.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    A special bond election may be held separately or combined with another lawful election, and if combined, the election ordinance must follow the chapter’s procedure rules with limited exceptions.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40233. Any special bond election may be held separately, or may be consolidated with any other election authorized by law at which the voters of the district may vote. If a special bond election is consolidated with any other election, the provisions of this chapter setting forth the procedure for the calling and holding of the special bond election shall be complied with, except that the ordinance calling the election need not set forth the election precincts, polling places, and officers of election, but may provide that the precincts, polling places, and officers of election shall be the same as those set forth in the ordinance, notice, or other proceedings calling the election with which the special bond election is consolidated, and shall refer to the ordinance, notice, or other proceedings by number and title, or by other definite description. (Added by Stats. 1965, Ch. 1899.)
  126. 40234.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The ordinance must be published, and no additional notice of the election is required.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40234. The ordinance shall be published, and no other notice of election need be given. (Added by Stats. 1965, Ch. 1899.)
  127. 40235.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board must follow specified Elections Code rules for bond elections under this article.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40235. The board shall comply with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code, the provisions of which are applicable to any bond election held pursuant to this article. (Amended by Stats. 1994, Ch. 923, Sec. 199. Effective January 1, 1995.)
  128. 40236.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Bonds under this chapter may be authorized only if 60% of the voters voting on the proposition at the election vote in favor.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40236. The votes of sixty percent (60%) of all voters voting on the proposition at the election are required to authorize the issuance of bonds under this chapter. (Added by Stats. 1965, Ch. 1899.)
  129. 40237.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    If a special bond proposition fails, the board generally cannot hold another special election on a substantially same bonded-indebtedness proposition within 6 months, unless a qualifying petition is filed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 1. Issuance [40225 - 40237] ( Article 1 added by Stats. 1965, Ch. 1899. ) ## 40237. If the proposition submitted at a special bond election fails to receive the requisite number of votes, the board shall not within six months after the election hold another special election for the submission of a proposition of incurring a bonded indebtedness substantially the same as the proposition voted upon at the prior election unless a petition signed by voters within the district equal in number to at least 15 percent of the total vote cast at the last general statewide election is filed with the board, requesting that the proposition, or a proposition substantially the same, be submitted at an election to be called for that purpose. (Added by Stats. 1965, Ch. 1899.)
  130. 40240.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Form and Content [40240 - 40243] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Bonds under this chapter must mature in series with payments starting within 10 years and ending within 50 years; the board may also split an issue into series and a district may issue temporary paper while bonds are being issued.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Form and Content [40240 - 40243] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40240. Bonds authorized by this chapter shall mature serially in amounts to be fixed by the board; except that payment shall begin not later than 10 years from the date thereof and shall be completed in not more than 50 years from that date. The board may divide any issue of bonds authorized pursuant to this chapter into two or more series, and may fix different dates of issuance and different maturity dates for the bonds of each series. The bonds of each series shall mature serially in amounts to be fixed by the board, and the board shall fix a date not more than 10 years from the date of issuance of each series for the earliest maturity of such series, and shall fix a date not more than 50 years from the date of issuance of each series for the final maturity of such series. Pending the actual issuance or delivery of bonds, a district may issue temporary or interim bonds, certificates, or receipts, of any denomination whatsoever, with or without coupon, and in such form as may be prescribed by the board, to be exchanged for definite bonds when ready for delivery. (Added by Stats. 1965, Ch. 1899.)
  131. 40241.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Form and Content [40240 - 40243] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board may choose bond denominations, but no bond may be issued for less than $1,000.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Form and Content [40240 - 40243] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40241. The bonds shall be issued in such denominations as the board determines, except that no bonds shall be issued of a denomination less than one thousand dollars ($1,000) and shall be payable on the day and at the place or places fixed in the bond, and with interest at the rate specified therein, payable semiannually, except that interest for the first year after the date of the bonds may be made payable at the end of that year. (Amended by Stats. 1971, Ch. 389.)
  132. 40242.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Form and Content [40240 - 40243] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board may arrange for bond call and redemption before sale, must state the call price on the bond, and must publish redemption notice at least 30 days before the redemption date.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Form and Content [40240 - 40243] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40242. The board may at any time prior to the issuance and sale of any bonds provide for the call and redemption of any or all of the bonds on any interest payment date prior to their fixed maturity at not exceeding the par value and accrued interest plus a premium of not exceeding 5 percent upon the principal amount of the bonds, in which event the call price fixed by the board shall be set forth on the face of the bond. Notice of such redemption shall be published. If there is no newspaper of general circulation printed and published within the district, then the publication shall be made in a newspaper of general circulation printed and published within the county in which the district or any part thereof is situated. The first publication shall be at least 30 days prior to the date fixed for the redemption. After the date fixed for such redemption interest on the bonds thereafter shall cease. (Added by Stats. 1965, Ch. 1899.)
  133. 40243.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Form and Content [40240 - 40243] ( Article 2 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    District bonds must be signed by specified officers, and the coupons must be numbered consecutively and signed by the treasurer.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 2. Form and Content [40240 - 40243] ( Article 2 added by Stats. 1965, Ch. 1899. ) ## 40243. The bonds shall be signed by the chairman of the board or by such officer of the district as the board shall by resolution authorize and designate for that purpose. They shall also be signed by the treasurer, and be countersigned by the auditor. The coupons of the bonds shall be numbered consecutively and be signed by the treasurer. All signatures and countersignatures, except one of the signatures or countersignatures on the bonds, may be printed, lithographed or engraved. If any officer whose signature or countersignature appears on the bonds or coupons ceases to be such officer before the delivery of the bonds to the purchaser, the signature or countersignature is nevertheless valid and sufficient for all purposes as if he had remained in office until the delivery of the bonds. (Added by Stats. 1965, Ch. 1899.)
  134. 40245.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 3. Issue and Sale [40245 - 40246] ( Article 3 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board may issue and sell the bonds, but not below par value, and must solicit sealed bids before selling them.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 3. Issue and Sale [40245 - 40246] ( Article 3 added by Stats. 1965, Ch. 1899. ) ## 40245. The bonds may be issued and sold for not less than their par value, but otherwise as the board determines. Before selling any bonds, or any part thereof, the board shall give notice inviting sealed bids in such manner as the board may prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received, or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, the board may reject all bids received, if any, and either again give notice inviting bids or sell the bonds at private sale. (Added by Stats. 1965, Ch. 1899.)
  135. 40246.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 3. Issue and Sale [40245 - 40246] ( Article 3 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Bond sale premiums and accrued interest go to the debt-payment fund; the rest of the bond proceeds go to the district treasury for the voted purposes, then any leftover money is transferred as specified.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 3. Issue and Sale [40245 - 40246] ( Article 3 added by Stats. 1965, Ch. 1899. ) ## 40246. All premiums and accrued interest received on the sale of bonds shall be placed in the fund to be used for the payment of principal of and interest on the bonds. The remainder of the proceeds of the bonds shall be placed in the district treasury to the credit of the proper fund, and shall be used exclusively for the objects or purposes for which the bonds were voted; provided that when such objects and purposes have been accomplished any moneys remaining shall be transferred to the fund to be used for the payment of principal of and interest on the bonds, and that when all principal of and interest on the bonds shall have been paid, any balance of money then remaining shall be transferred to the general fund of the district. (Added by Stats. 1965, Ch. 1899.)
  136. 40260.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Status as Investments [40260 - 40261] ( Article 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    District bonds, including refunding bonds, are legal investments for listed funds and financial institutions, and may also be used as security in the same situations other bonds can be used.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Status as Investments [40260 - 40261] ( Article 4 added by Stats. 1965, Ch. 1899. ) ## 40260. All bonds including refunding bonds issued by a district are legal investments for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, and trust companies, and for the State School Fund and for all sinking funds under the control of the State Treasurer. Whenever any money or funds may by law be invested in or loaned upon the security of bonds of cities, cities and counties, counties, or school districts, in the state, such money or funds may be invested in or loaned upon the security of the bonds of the district; and whenever bonds of cities, cities and counties, counties, or school districts by law may be used as security for the faithful performance or execution of any court or private trust or of any other act, bonds of the district may be so used. (Added by Stats. 1965, Ch. 1899.)
  137. 40261.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Status as Investments [40260 - 40261] ( Article 4 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    State and national banks may use district bonds as security for certain public deposit funds.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 4. Status as Investments [40260 - 40261] ( Article 4 added by Stats. 1965, Ch. 1899. ) ## 40261. All bonds of the district, to the same extent as bonds of any other municipality, are legal for use by any state or national bank or banks in the state as security for the deposit of funds of the state or of any county, city and county, city, municipality or other public or municipal corporation within the state. (Added by Stats. 1965, Ch. 1899.)
  138. 40263.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Validation [40263- 40263.] ( Article 5 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    An action to determine the validity of bonds, including refunding bonds, may be brought under the cited civil procedure chapter.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 5. Validation [40263- 40263.] ( Article 5 added by Stats. 1965, Ch. 1899. ) ## 40263. An action to determine the validity of bonds, including refunding bonds, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 1965, Ch. 1899.)
  139. 40265.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 6. Revenue Bonds [40265 - 40266] ( Article 6 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may issue revenue bonds as an alternative way to raise funds.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 6. Revenue Bonds [40265 - 40266] ( Article 6 added by Stats. 1965, Ch. 1899. ) ## 40265. As an alternative procedure for the raising of funds, the district may issue bonds, payable from revenues of any facility or enterprise to be acquired or constructed by the district, in the manner provided by the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), all of the provisions of which are applicable to the district. (Added by Stats. 1965, Ch. 1899.)
  140. 40266.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 6. Revenue Bonds [40265 - 40266] ( Article 6 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may issue revenue bonds under the Revenue Bond Law of 1941, and may use the article’s procedures for bond issuance.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 7. Bonds [40225 - 40266] ( Chapter 7 added by Stats. 1965, Ch. 1899. ) ## ARTICLE 6. Revenue Bonds [40265 - 40266] ( Article 6 added by Stats. 1965, Ch. 1899. ) ## 40266. The district is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code). The term “enterprise” as used in the Revenue Bond Law of 1941 shall, for all purposes of this part, include transit facilities and any and all parts thereof and all additions, extensions and improvements thereto and all other facilities authorized to be acquired, constructed or completed by the district. A district may issue revenue bonds under the Revenue Bond Law of 1941, for any one or more facilities or enterprises authorized to be acquired, constructed, or completed by a district or, in the alternative, may issue revenue bonds under the Revenue Bond Law of 1941, for the acquisition, construction and completion of any one of such facilities. Nothing in this article shall prevent the district from availing itself of, or making use of, any procedure provided in this part for the issuance of bonds of any type or character for any of the facilities or works authorized hereunder, and all proceedings may be carried on simultaneously or, in the alternative, as the directors may determine. (Added by Stats. 1965, Ch. 1899.)
  141. 403.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. )

    Verify source ↗

    The Public Utilities Commission Transportation Reimbursement Account is created in the General Fund, and fees collected by the commission under Section 421 must be sent to the Treasurer at least quarterly for deposit in that account.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 403. There is hereby created the Public Utilities Commission Transportation Reimbursement Account in the General Fund. All fees collected by the commission pursuant to Section 421 shall be transmitted to the Treasurer at least quarterly for deposit in the account. (Repealed and added by Stats. 1983, Ch. 323, Sec. 71. Effective July 1, 1983.)
  142. 40300.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    The district may levy and collect taxes for any lawful purpose, but the tax rate is capped at five cents per $100 of assessed valuation within the district, excluding taxes for bonded indebtedness and related interest.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. ) ## 40300. The district may levy and collect, or cause to be collected, taxes for any lawful purpose subject to a maximum limit of five cents ($0.05) per one hundred dollars ($100) of assessed valuation within the district exclusive of any tax levied to meet the bonded indebtedness of the district and the interest thereon. (Added by Stats. 1974, Ch. 508.)
  143. 40301.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    If the board believes transit operation revenues will not be enough for lawful purposes, it must levy a tax and determine the amount needed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. ) ## 40301. If, in the opinion of the board, the transit operation revenues will not be sufficient for any and all lawful purposes, the board shall levy a tax for such purpose or purposes and fix the amount of money necessary to be raised therefor by taxation. (Added by Stats. 1974, Ch. 508.)
  144. 40302.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    The board must levy and collect an annual tax to pay bond interest and principal as they become due.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. ) ## 40302. The board shall, as part of the general tax levy as set forth in Section 40300 levy and collect annually until the district’s bonds are paid, or until there is a sum in the treasury of the district set apart for that purpose to meet all sums coming due for principal and interest on the bonds as they become due, a tax sufficient to pay the annual interest on the bonds, and such part of the principal thereof, as becomes due before the proceeds of a tax levied at the next general tax levy will be available. If the maturity of the indebtedness created by the issue of bonds begins more than one year after the date of the issuance thereof, the tax shall be levied and collected annually at the time and in the manner stated above, in an amount sufficient to pay the interest on the indebtedness as it falls due and to constitute a sinking fund for the payment of the principal on or before maturity. (Added by Stats. 1974, Ch. 508.)
  145. 40303.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    The board may set up how the district assesses, levies, and collects taxes, including selling property to the district for delinquent taxes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. ) ## 40303. The board may provide for the assessment, levy, and collection of taxes by the district, including the sale of property to the district for delinquent taxes, with penalties, interest, and cost. (Added by Stats. 1974, Ch. 508.)
  146. 40304.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    The board must use county and state equalization assessments as the basis for district taxation and arrange for county tax collection.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. ) ## 40304. The board shall avail itself of the assessments made by the assessor of the county and of the assessments made by the State Board of Equalization for the county, and shall take such assessments as the basis for district taxation and have its taxes collected by the tax collector of the county. (Added by Stats. 1974, Ch. 508.)
  147. 40305.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    The county auditor must send the board a written statement of the total property value within the district by the third Monday in August each year.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. ) ## 40305. In such case, the county auditor shall, on or before the third Monday in August of each year, transmit to the board a statement, in writing, showing the total value of all property within the district, ascertained from the assessments referred to in Section 40304 as equalized. (Added by Stats. 1974, Ch. 508.)
  148. 40306.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    The board must set the property tax rate by September 1 and cannot set it above the article’s limit.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. ) ## 40306. The board shall, on or before the first day of September, fix the rate of taxes, designating the number of cents upon each one hundred dollars ($100) using as a basis the value of property transmitted to the board by the county auditor, which rate of taxation shall be sufficient to raise the amount previously fixed by the board. These acts by the board shall constitute a valid assessment of the property and a valid levy of the taxes so fixed, but the rate of taxation shall not exceed the limit imposed by this article. (Added by Stats. 1974, Ch. 508.)
  149. 40307.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    The board must immediately send the county auditor a statement of the tax rate it has fixed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. ) ## 40307. The board shall immediately, after fixing the rate of taxes as provided in Section 40306, transmit to the county auditor of the county a statement of the rate of taxes fixed by the board. (Added by Stats. 1974, Ch. 508.)
  150. 40308.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    District taxes must be collected like county taxes and, when collected, paid to the district treasurer under the general requirements and penalties for settling other taxes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. ) ## 40308. The district’s taxes so levied shall be collected at the same time and in the same manner as county taxes. When collected, the net amount, ascertained as provided in this article, shall be paid to the treasurer of the district under the general requirements and penalties provided by law for the settlement of other taxes. (Added by Stats. 1974, Ch. 508.)
  151. 40309.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    If real property sold for taxes is later redeemed, the county treasurer must apportion and pay the redemption money to the district based on the district’s share of the total tax.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. ) ## 40309. Whenever any real property has been sold for taxes and has been redeemed, the money paid for redemption shall be apportioned and paid to the district by the county treasurer in the proportion which the tax due to the district bears to the total tax for which the property was sold. (Added by Stats. 1974, Ch. 508.)
  152. 40310.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    Taxes levied under this article become a lien on the property taxed, and collection is enforced the same way as county-tax liens.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 1. Property Taxation [40300 - 40310] ( Article 1 added by Stats. 1974, Ch. 508. ) ## 40310. All taxes levied under this article are a lien on the property on which they are levied. The enforcement of the collection of such taxes shall be in the same manner and by the same means provided by law for the enforcement of liens for county taxes, all the provisions of law relating to the enforcement of the latter being made a part of this article so far as applicable. (Added by Stats. 1974, Ch. 508.)
  153. 40330.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    The board may impose transactions and use taxes, but the rate must follow Section 40335.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. ) ## 40330. Transactions and use taxes (to be designated in the ballot proposition set forth in Section 40334 as a “sales tax”) may be imposed by the board in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, except that the rate shall be as set forth in Section 40335. (Added by Stats. 1974, Ch. 508.)
  154. 40331.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    A transactions and use taxes ordinance becomes operative only after the stated delay, and the district must contract with the State Board of Equalization before that operative date.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. ) ## 40331. Any transactions and use taxes ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more than 120 days after the approval of such ordinance by the electors as provided in this article. Prior to the operative date of the ordinance, the district shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of the ordinance. (Added by Stats. 1974, Ch. 508.)
  155. 40332.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    The district may use tax revenues for any lawful purpose, but must allocate 25% of revenues to Orange County and the cities for the first three years, and those funds must be used for public transit purposes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. ) ## 40332. (a) The revenues from the taxes imposed pursuant to this article may be used for any lawful purpose of the district. (b) During the first three years the taxes are imposed pursuant to this article, 25 percent of the revenues generated from such taxes shall be allocated by the district to Orange County and the cities therein in the proportion that the population of the county or city, as the case may be, bears to the total population of the district. For purposes of this subdivision, the population of the county shall be the population of the unincorporated territory of the county. (c) The revenues allocated pursuant to subdivision (b) shall be used by the county and the cities to finance public transit services, which shall be coordinated with the public transit services operated by the district. The county or any city may also use the revenues to finance public transit services operated by the district. (d) At the end of four years, as measured from the initial imposition of the taxes pursuant to this article, any of the revenues allocated pursuant to subdivision (b) which has not been expended for public transit services shall revert to the district. (Added by Stats. 1974, Ch. 508.)
  156. 40333.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    The board may not impose the authorized taxes unless it first approves the ordinance by the required supermajorities and election, and the ordinance must state the tax details and how revenue will be used.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. ) ## 40333. The taxes authorized by this article shall not be imposed unless the board shall have authorized it by ordinance adopted by a vote of two-thirds of all members of the board and the ordinance shall be approved by two-thirds of the votes cast by the qualified electors of the district voting on the proposition at an election called for that purpose. The board, in the ordinance, shall state the nature of the tax to be imposed, shall provide the tax rate or rates or the maximum tax rate or rates, and shall specify the purposes for which the revenue derived from the tax will be used. (Amended by Stats. 2014, Ch. 345, Sec. 4. (AB 2752) Effective January 1, 2015.)
  157. 40334.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    Ballot wording for this transit tax proposition must state the actual percent of the sales tax and use taxes being voted on.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. ) ## 40334. The actual wording of the proposition on any short form of ballot card, label, or other device, regardless of the system of voting used, shall read as follows: TRANSIT Authorizes the Orange County Transit District to impose a ____ percent sales tax for transit purposes. Yes No The proposition shall set forth the actual percent of the transaction and use taxes upon which the electors are voting. The sample ballot to be mailed to the voters, under Section 13303 of the Elections Code, shall be the full proposition as set forth in the ordinance adopted pursuant to Section 40333. (Amended by Stats. 1994, Ch. 923, Sec. 200. Effective January 1, 1995.)
  158. 40335.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    The board may set and explain a maximum tax rate of up to 1 percent, and the district may only levy the tax at specified fractions unless the Legislature authorizes אחרת.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. ) ## 40335. The board is authorized to impose a maximum tax rate of 1 percent under this article and the board may state the maximum tax rate in terms of not to exceed 1 percent, or any lesser percentage thereof. The district shall not levy the tax at a rate other than 1, 3/4, 1/2, or 1/4 percent, unless specifically authorized by the Legislature. The board, in the ordinance, may provide for limitations upon the time when the tax shall be in effect, or the board may provide that the tax shall be in effect until repealed. Any tax rate or maximum tax rate adopted pursuant to this article, unless otherwise prohibited, may be increased when authorized by the board by ordinance adopted in the manner and by the vote stated in Section 40333 and approved by a majority of the votes cast by the qualified electors of the district voting at an election called for that purpose. (Added by Stats. 1974, Ch. 508.)
  159. 40336.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. )

    Verify source ↗

    The district may issue revenue bonds and borrow against article revenues, and it may issue negotiable notes and pledge other district income for those bonds.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 8. Taxation [40300 - 40336] ( Chapter 8 added by Stats. 1974, Ch. 508. ) ## ARTICLE 2. Transactions and Use Taxes and Revenue Bonds [40330 - 40336] ( Article 2 added by Stats. 1974, Ch. 508. ) ## 40336. The district is hereby authorized to issue revenue bonds, payable, in whole or in part, from revenues made available under this article. Such revenues are hereby declared to be revenues of the enterprise for all purposes of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300), Part 1, Division 2, Title 5 of the Government Code), and the restrictions therein provided against the securing of bonds by the taxing power or the proceeds of taxation shall not apply. The district shall be deemed a “local agency” and the planning, acquiring, constructing, operating, or maintaining of the district’s transit facilities, or any part thereof, shall be deemed an “enterprise” within the meaning of the Revenue Bond Law of 1941. The provisions of such law not inconsistent with any of the provisions of this article are hereby made applicable to the district, except that no election shall be required for the issuance of bonds under such law which are secured, in whole or in part, by the revenues of the tax imposed pursuant to this article. The resolution or indenture authorizing the issuance of any revenue bonds secured, in whole or in part, by the revenues of the tax imposed pursuant to this article shall provide that use of such revenues by the district to redeem such bonds shall be continued in effect until such bonds are fully paid or provision has been made for their payment in full. The district may borrow money in anticipation of the revenues made available under this article and may, from time to time, issue negotiable notes for that purpose. In addition to pledging revenues for the payment of any revenue bonds, the district may pledge for the payment of such bonds all other income or receipts of the district which are not required by law to be used for other purposes. (Added by Stats. 1974, Ch. 508.)
  160. 404.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. )

    Verify source ↗

    The commission must allow covered fees as operating expenses, authorize annual rate adjustments to recover them, adopt fee-setting rules for certain carriers, and covered persons or corporations may separately list the fee on customer bills and must pay it after collection.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 404. (a) All fees paid pursuant to this chapter, exclusive of any penalties for delinquency, shall be allowed by the commission in a separate order as an ordinary operating expense for purposes of establishing rates or charges. The commission shall authorize each person or corporation subject to Section 421 or 431 to annually adjust its rates or charges for intrastate services so as to collect from its customers and subscribers an amount sufficient to pay the amount of the fee required by Section 421 or 431 together with the costs of collecting the fee from each customer or subscriber. (b) The commission shall adopt rules to determine the appropriate level of fees for carriers that provide transportation services incidental to commercial balloon operations, commercial river rafting, or skiing. (c) Each person or corporation subject to Section 421 or 431 may identify separately, on the bill of each customer or subscriber, the amount to be paid by each customer or subscriber for purposes of funding the commission pursuant to this chapter. (d) Persons or corporations subject to Section 421 or 431 shall pay the fee in accordance with Section 423 or 433 after collection from their customers or subscribers. (Amended (as amended by Stats. 1991, Ch. 636, Sec. 1) by Stats. 1993, Ch. 125, Sec. 1. Effective January 1, 1994.)
  161. 405.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. )

    Verify source ↗

    If a covered person or corporation is 30 days or more late on required reports or fees, the commission may suspend or revoke operating authority, order operations to stop, estimate the fee, and add a penalty up to 25%.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 405. If any person or corporation subject to this chapter is in default of the preparation and submission of any report or the payment of any fee required by this chapter for a period of 30 days or more, the commission may suspend or revoke the certificate of public convenience and necessity, permit, or other operating authority of the person or corporation or order the person or corporation to cease and desist from conducting all operations subject to the jurisdiction of the commission, and the commission may estimate from all available information the appropriate fee and may add to the amount of that estimated fee a penalty not to exceed 25 percent of the amount on account of the failure, refusal, or neglect to prepare and submit the report or to pay the fee, and the person or corporation shall be estopped to complain of the amount of the commission’s estimate. Upon payment of the fee so estimated and penalty, if applicable, the certificate, permit, or other operating authority of the person or corporation suspended in accordance with this section shall be reinstated or the order to cease and desist revoked. The commission may grant a reasonable extension of the 30-day period to any person or corporation upon written application and a showing of the necessity of the extension. Upon revocation of any certificate, permit, or other operating authority or issuance of an order to cease and desist pursuant to this section, all fees in default shall become due and payable immediately. (Repealed and added by Stats. 1983, Ch. 323, Sec. 71. Effective July 1, 1983.)
  162. 40500.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board may call a dissolution election at any time, and it must do so if a qualifying petition is filed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. ) ## 40500. The board may call an election any time for the purpose of submitting to the voters of the district the question of whether the district will be dissolved. Upon the filing with the clerk of the district of a petition signed by voters within the district equal in number to at least twenty-five percent (25%) of the total vote cast within the district at the last general statewide election asking that the question of dissolution of the district be submitted to the voters of the district, the board shall call such an election. (Added by Stats. 1965, Ch. 1899.)
  163. 40501.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. ) ## 40501. The election for the purpose of submitting to the voters of the district the question of whether or not the district shall be dissolved shall be held on the next established election date not less than 74 days next succeeding the date on which the petition is filed. (Amended by Stats. 1973, Ch. 1146.)
  164. 40502.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    A notice of a dissolution election must be published, and the election date must be at least 30 days after the first publication.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. ) ## 40502. Notice of any election for dissolution, whether called because of the filing of a petition or ordered by the board without petition, shall be published. The date fixed for the election shall not be less than 30 days from the date of the first publication of the notice. (Added by Stats. 1965, Ch. 1899.)
  165. 40503.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Election ballots must include the usual state and county ballot instructions plus a question asking whether the Orange County Transit District should be dissolved.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. ) ## 40503. The ballots for the election shall contain substantially the instructions required to be printed on ballots for use at general state and county elections and in addition the following: Shall the Orange County Transit District be dissolved? YES NO (Added by Stats. 1965, Ch. 1899.)
  166. 40504.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board must canvass the vote, and if a majority favors dissolution, it must dissolve the district by resolution.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. ) ## 40504. The board shall canvass the vote. If a majority of the votes favor dissolution, the board shall by resolution dissolve the district. (Added by Stats. 1965, Ch. 1899.)
  167. 40505.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board must file a certified copy of the resolution with the Secretary of State and with the county recorder for record.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. ) ## 40505. The board shall file a certified copy of the resolution with the Secretary of State and for record in the office of the county recorder. (Added by Stats. 1965, Ch. 1899.)
  168. 40506.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    When the district is dissolved, its property rights in assets inside a city pass to that city, and assets outside a city pass to the county where they are located.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. ) ## 40506. Upon dissolution the right, title, and interest to property owned or controlled by the district situated within the limits of any city vests absolutely in the city. If such property is situated outside the limits of a city, it vests in the county in which it is situated. (Added by Stats. 1965, Ch. 1899.)
  169. 40507.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board of supervisors is the governing body for the dissolved district and may levy taxes and assessments, and do other necessary acts to wind up district affairs and pay outstanding debt.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 9. Dissolution [40500 - 40507] ( Chapter 9 added by Stats. 1965, Ch. 1899. ) ## 40507. The board of supervisors is, ex officio, the governing body of the dissolved district. It may levy taxes and assessments and perform other acts necessary to wind up the district affairs and to raise money for the payment of outstanding indebtedness. (Added by Stats. 1965, Ch. 1899.)
  170. 406.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. )

    Verify source ↗

    The commission may sue to collect delinquent fees or other unpaid amounts, and may add a 25% delinquency penalty.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 406. The commission may bring an action, in its own name or in the name of the people of the state, in any court of competent jurisdiction, for the collection of delinquent fees estimated under Section 405, or for an amount due, owing, and unpaid to it, as shown by report filed by the commission, together with a penalty of 25 percent for the delinquency. (Repealed and added by Stats. 1983, Ch. 323, Sec. 71. Effective July 1, 1983.)
  171. 40600.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The district may be consolidated with the Southern California Rapid Transit District under this chapter’s procedure.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40600. The district may be consolidated with the Southern California Rapid Transit District organized and operating pursuant to Part 3 (commencing with Section 30000) of this division, in the manner provided in this chapter. (Added by Stats. 1965, Ch. 1899.)
  172. 40601.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    If the listed conditions are met, the board must negotiate an annexation agreement with the annexing district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40601. Whenever the board finds and determines that: (a) The Southern California Rapid Transit District is willing to annex the territory comprising the district; (b) The annexing district has adequate facilities for and is able to supply transit service to the district in a manner equal to or superior to that presently rendered by the district; (c) Annexation will not result in assumption of financial obligations by the taxpayers of the district disproportionate to the services which they will receive; the board shall thereafter negotiate an agreement with the annexing district specifying the terms and conditions of annexation and such other matters as are necessary and incidental thereto. (Added by Stats. 1965, Ch. 1899.)
  173. 40602.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board must pass a resolution setting out the proposed contract in full and state its intention to have the agreement approved and to consolidate the district with the Southern California Rapid Transit District.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40602. The board shall thereafter, by resolution setting forth the terms and conditions of the proposed contract at length, declare its intention to cause the agreement to be approved and effect consolidation of the district with the Southern California Rapid Transit District. (Added by Stats. 1965, Ch. 1899.)
  174. 40603.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40603. The resolution, together with a notice fixing the time and place for hearing thereon, shall be published once in a newspaper of general circulation published in the district. The time fixed for hearing shall not be less than 30 nor more than 60 days from the date of publication of such notice. (Added by Stats. 1965, Ch. 1899.)
  175. 40604.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    At the hearing, any interested person may file written objections with the board about the proposed contract, the consolidation, or both.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40604. At the hearing any interested person may file with the board written objections to the approval of the terms and conditions of the proposed contract or the consolidation, or both the proposed contract and the consolidation. (Added by Stats. 1965, Ch. 1899.)
  176. 40605.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    After a hearing, the board must decide whether to approve the contract terms and conditions and whether the consolidation will happen, and it must hear and decide any objections.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40605. Upon the hearing, the board shall determine whether or not the terms and conditions of the contract will be approved and the consolidation effected, and shall hear and determine all objections thereto. (Added by Stats. 1965, Ch. 1899.)
  177. 40606.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The board may adjourn a hearing on the agreement and consolidation, but only up to 30 days in total, and no extra notice is required if the adjournment order is entered in the meeting minutes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40606. Any hearing on the agreement and consolidation may be adjourned from time to time by the board, not exceeding 30 days in all, without further notice other than an order entered upon the minutes of the meeting fixing the time and place of adjournment. (Added by Stats. 1965, Ch. 1899.)
  178. 40607.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    If there are no protests, or protests are overruled and denied, the board must approve the agreement terms and conditions and move ahead with the consolidation.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40607. If no protests are filed, or if the protests filed are overruled and denied by the board, the board shall thereupon by resolution finally approve the terms and conditions of the agreement and proceed with the consolidation. (Added by Stats. 1965, Ch. 1899.)
  179. 40608.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    After the district board approves the agreement, the Orange County Board of Supervisors must call an election in the district on whether the district will consolidate with the Southern California Rapid Transit District.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40608. At any time after the board of directors of the district has finally approved the agreement the Board of Supervisors of Orange County shall cause an election to be held in the district to determine whether the Orange County Transit District will be consolidated with the Southern California Rapid Transit District upon the terms and conditions stated in the agreement. (Added by Stats. 1965, Ch. 1899.)
  180. 40609.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    The notice of election must be published twice over two consecutive weeks in a newspaper of general circulation in the district, and it must either mention where the consolidation agreement can be inspected or print the agreement’s terms in full.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40609. Notice of election shall be published once a week for two successive weeks (two publications) in a newspaper of general circulation published within the district, and shall either state that a copy of the consolidation agreement is on file in the office of the Clerk of Orange County, and open to the inspection of all persons interested, or set forth the terms and conditions of the consolidation agreement at length, in the discretion of the board of supervisors calling the election. (Added by Stats. 1965, Ch. 1899.)
  181. 40610.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    Ballots for the election must include the usual election instructions and state the consolidation proposition in substantially the specified form.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40610. The ballots for the election shall contain substantially the instructions required to be printed on ballots for use at general state and county elections and in addition shall set forth the proposition of consolidation substantially as follows: Shall the Orange County Transit District be consolidated with the Southern California Rapid Transit District in accordance with and subject to all the terms and conditions of a consolidation agreement dated ____ now on file in the office of the Clerk of Orange County? YES NO (Added by Stats. 1965, Ch. 1899.)
  182. 40611.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    If the election canvass shows a majority of votes in favor of consolidation, the proposition and consolidation agreement terms are treated as approved by the voters.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40611. If upon a canvass of the election it is found that a majority of all votes cast on the proposition at the election were cast in favor of the consolidation, the proposition and all of the terms and conditions of the consolidation agreement shall be deemed carried and approved by the voters. (Added by Stats. 1965, Ch. 1899.)
  183. 40612.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    If the proposition does not pass, the result must be entered in the minutes of the Orange County Board of Supervisors.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40612. If the proposition fails to carry, the result shall be entered upon the minutes of the Board of Supervisors of Orange County. (Added by Stats. 1965, Ch. 1899.)
  184. 40613.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    If the proposition passes by the required majority, the Board of Supervisors of Orange County must record the election result in its minutes and have the consolidation agreement executed by its authorized officers.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40613. If the proposition receives the vote of the requisite majority of voters, the Board of Supervisors of Orange County shall enter in its minutes an order declaring the result of the election and shall thereupon cause the consolidation agreement to be executed by its duly authorized officers. (Added by Stats. 1965, Ch. 1899.)
  185. 40614.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    After receiving the executed consolidation agreement, the Southern California Rapid Transit District’s board must pass a resolution declaring the Orange County Transit District consolidated and file a certified copy with 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 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40614. Upon receipt by the Southern California Rapid Transit District of a copy of the consolidation agreement properly executed by the district and Orange County the board of directors of the Southern California Rapid Transit District shall pass a resolution declaring the Orange County Transit District consolidated with the Southern California Rapid Transit District, and shall cause a certified copy of the resolution to be filed with the Secretary of State. From and after the date of filing of the resolution with the Secretary of State the consolidation of the Orange County Transit District with the Southern California Rapid Transit District is complete. (Added by Stats. 1965, Ch. 1899.)
  186. 40615.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    After consolidation, the Southern California Rapid Transit District’s board must levy taxes, tolls, or charges on all property in the former Orange County Transit District as needed to fund assumed debt or comply with the consolidation agreement.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40615. From and after the date of consolidation the board of directors of the Southern California Rapid Transit District shall levy upon all of the property in the former Orange County Transit District such taxes, tolls, or charges as are necessary to provide funds for the payment of the indebtedness assumed by the former district or otherwise necessary to comply with the terms and conditions of the consolidation agreement, all in addition to the general district taxes authorized elsewhere in Part 3 (commencing with Section 30000) of this division to be levied and collected. (Added by Stats. 1965, Ch. 1899.)
  187. 40616.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    A challenge to the validity of consolidating proceedings is allowed only if the action is filed within 3 months after the proceedings are completed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40616. The validity of any consolidating proceedings shall not be contested in any action unless the action is brought within three (3) months after the completion of the proceedings. (Added by Stats. 1965, Ch. 1899.)
  188. 40617.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. )

    Verify source ↗

    After the consolidation procedure is completed, the Orange County Transit District is dissolved, and its remaining property and assets go to the County of Orange.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000 - 40617] ( Part 4 added by Stats. 1965, Ch. 1899. ) ## CHAPTER 10. Consolidation with Other Districts [40600 - 40617] ( Chapter 10 added by Stats. 1965, Ch. 1899. ) ## 40617. Upon the completion of such consolidation procedure, the Orange County Transit District shall be deemed to be dissolved. Thereafter, all property and assets of the district which are not subject to the negotiated contract pertaining to consolidation shall be distributed to the County of Orange. (Added by Stats. 1965, Ch. 1899.)
  189. 407.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. )

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    The commission must authorize refunds of chapter fees if the fees were collected in error.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 407. The commission shall authorize refunds of the fees provided for in this chapter when the fees were collected in error. (Repealed and added by Stats. 1983, Ch. 323, Sec. 71. Effective July 1, 1983.)
  190. 408.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. )

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    The commission must deposit certain collected fees and charges into the Public Utilities Commission Transportation Reimbursement Account.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 408. Notwithstanding any other provision of law, all fees and charges collected by the commission pursuant to this code from each common carrier and related business subject to Section 421 and from interstate or foreign highway carriers registered pursuant to the Interstate and Foreign Highway Carriers’ Registration Act (Chapter 2 (commencing with Section 3901) of Division 2), shall be deposited in the Public Utilities Commission Transportation Reimbursement Account, in addition to the fee authorized by Section 421. (Added by Stats. 1983, Ch. 323, Sec. 71. Effective July 1, 1983.)
  191. 409.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. )

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    The commission must deposit most fees and charges it collects from public utilities into the Public Utilities Commission Utilities Reimbursement Account, and must deposit penalties collected under Sections 405 or 406 into the General Fund.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 409. (a) Notwithstanding any other provision of law, all fees and charges collected pursuant to this code by the commission from each public utility subject to Section 431, with the exception of any penalty collected pursuant to Section 405 or 406, shall be deposited in the Public Utilities Commission Utilities Reimbursement Account, in addition to the fee authorized by Section 431. (b) A penalty collected pursuant to Section 405 or 406 shall be deposited in the General Fund. (Amended by Stats. 2002, Ch. 1147, Sec. 2. Effective January 1, 2003.)
  192. 409.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. )

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    The commission must keep records needed to separately account for all fees and charges it receives from each utility class and remits under Section 409.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 409.5. The commission shall maintain those records as are necessary to account separately for all fees and charges, including the fees authorized by Section 431, received from each class of utility subject to Article 3 (commencing with Section 431) and remitted pursuant to Section 409. (Added by Stats. 1993, Ch. 1035, Sec. 1. Effective January 1, 1994.)
  193. 410.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. )

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    The commission may make rules and regulations it considers necessary to carry out this chapter.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 1. Collection and Disposition of Fees [401 - 410] ( Article 1 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 410. The commission may establish rules and regulations that it deems necessary to carry out the provisions of this chapter. (Added by Stats. 1983, Ch. 323, Sec. 71. Effective July 1, 1983.)
  194. 421.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. )

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    The commission must set and collect annual fees from specified carriers and related businesses, and use railroad-related fees only for railroad safety and enforcement purposes.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 421. (a) The commission shall annually determine a fee to be paid by every passenger stage corporation, charter-party carrier of passengers, pipeline corporation, for-hire vessel operator, common carrier vessel operator, railroad corporation, and commercial air operator, and every other common carrier and related business subject to the jurisdiction of the commission, except as otherwise provided in Article 3 (commencing with Section 431) of this chapter and Chapter 6 (commencing with Section 5001) of Division 2. (b) The annual fee shall be established to produce a total amount equal to the amount established in the authorized commission budget for the same year, including adjustments appropriated by the Legislature and an appropriate reserve, to regulate common carriers and related businesses, less the amount to be paid from special accounts or funds pursuant to Section 403, reimbursements, federal funds, other revenues, and unencumbered funds from the preceding year. (c) Notwithstanding any other provision of law, the fees paid by railroad corporations shall be used for state-funded railroad investigation and enforcement activities of the commission, other than the rail safety activities funded by the Transportation Planning and Development Account pursuant to Section 99315. The railroad fees shall be set annually at a level that generates not less than the amount sufficient to fund activities pursuant to Sections 765.5, 916.2, and 7712. (d) Expenditures of the detailed budget for the expenditure of railroad corporation fees submitted to the Legislature pursuant to Section 916.5 shall be limited to the following items: (1) Expenditures for employees occupying, and actually performing service in, railroad-safety personnel positions that are directly involved in inspecting railroads and enforcing rail safety regulations. The commission shall expend the funds budgeted pursuant to this subdivision for the salaries, per diem, and travel expenses of employees specified in this paragraph, unless, by statute, the commission is specifically prohibited from expending all or part of those funds. (2) Expenditures for employees occupying, and actually performing service in, clerical and support staff positions that are directly associated with railroad-safety inspections. (3) Expenditures for legal personnel who actually pursue violations of rail safety regulations beyond the informal complaint level. (4) Expenditures for the pro rata share of the commission’s overhead costs while state personnel are actually occupying the positions and are performing the duties specified in paragraphs (1) to (3), inclusive. (e) The Department of Finance shall notify the Joint Legislative Budget Committee, pursuant to Section 28.00 of the annual Budget Act, prior to authorizing any change in the Budget Act appropriation for railroad corporation fees that is larger than one hundred thousand dollars ($100,000), or 10 percent of the amount budgeted, whichever is less. (f) On or before January 1, 1994, the commission shall hire a minimum of four additional operating practices inspectors, exclusive of supervisory personnel, who are, or shall become by July 1, 1994, federally certified, for the purpose of enforcing compliance by railroads operating in this state with state and federal safety regulations. (g) The commission, in performing its duties, shall limit the expenditure of funds for rail safety purposes to those railroad corporation fees collected pursuant to subdivision (d). In no event shall the commission fund railroad safety activities utilizing funds from other commission accounts unrelated to railroad safety. (Amended by Stats. 2017, Ch. 425, Sec. 2. (SB 385) Effective January 1, 2018.)
  195. 422.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. )

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    The commission must establish reimbursement fees for carriers and related businesses, with Department of Finance approval, and allocate and collect those fees under the listed rules.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 422. The commission shall establish the fee pursuant to Section 421 with the approval of the Department of Finance and in accordance with all of the following: (a) In its annual budget request, the commission shall specify, at a minimum, both of the following: (1) The amount of its budget to be financed by the fee. (2) The dollar allocation of the amount of its budget to be financed by the fee by each class of carrier and related business subject to the fee. Each class of carrier and related business subject to this article shall pay fees sufficient to support the commission’s regulatory activities for the class from which the fee is collected and to establish an appropriate reserve. (b) The commission may establish different and distinct methods of assessing fees for each class of carrier and related business, if the revenues collected are consistent with paragraph (2) of subdivision (a). (c) (1) Within each class of carrier and related business subject to the fee, the commission shall allocate, among the members of the class, the amount of the commission’s budget to be financed by the fee based on the ratio that each member’s gross intrastate revenues bears to the total gross intrastate revenues of the class, except for railroad corporations, whose fees shall be allocated within that class in accordance with subdivision (g). (2) However, in the case of passenger vehicle operators, the commission may assess fees on a basis other than revenue, including, but not limited to, on a per vehicle basis, in an amount sufficient to support the regulatory activities of the commission for the passenger vehicle operators class from which the fee is collected, and to establish an appropriate reserve. (d) Any carrier or related business which is a member of more than one class of carrier or related business shall be subject to the fee for each class of which it is a member. (e) For every carrier and related business having annual gross intrastate revenues of one hundred thousand dollars ($100,000) or less, or for every railroad corporation having annual gross intrastate revenues of ten million dollars ($10,000,000) or less, the commission shall annually establish uniform fees, which shall be not less than a minimum annual fee, to be paid by each carrier and related business and by each railroad corporation, if the revenues collected are consistent with paragraph (2) of subdivision (a). Every carrier and related business and railroad corporation paying fees pursuant to this subdivision shall show proof of eligibility at the time of payment in a form the commission may specify. (f) The commission shall annually establish a uniform fee, which shall be not less than a minimum annual fee, to be paid by every commercial air operator and for-hire vessel operator, if the revenues collected are consistent with paragraph (2) of subdivision (a). (g) The commission shall establish the initial fee amount to be paid by railroad corporations subject to this section, and the regulations for the assessment and collection of the fee, no later than January 31, 1992. The commission shall collect the initial fee from railroad corporations beginning on February 1, 1992, and shall disburse the amounts collected as directed in Section 309.7, as added by Assembly Bill 684 of the 1991–92 Regular Session, and Section 421. (h) The commission shall establish regulations for allocating the proportionate share of the fee established pursuant to paragraph (2) of subdivision (a) to be paid by the rail corporations within that class. The regulations may utilize gross intrastate revenues; track mileage within the state; terminals located within the state; loaded car miles traveled within the state; fuel consumption; or any other measure deemed by the commission to be appropriate in allocating the fee among railroad corporations. On or before January 15, 1992, railroad corporations as a group may submit a proposed plan of allocation to the commission, which the commission shall consider in establishing the regulations. (Amended by Stats. 2000, Ch. 341, Sec. 2. Effective January 1, 2001.)
  196. 422.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. )

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    The commission may set a uniform annual fee that every charter-party carrier of passengers must pay.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 422.1. In addition to the requirements of Section 422, the commission may establish a uniform annual fee to be paid by every charter-party carrier of passengers. (Added by Stats. 1985, Ch. 1369, Sec. 2.)
  197. 423.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. )

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    Carriers and related businesses subject to Section 421 must pay the required fee on the schedule set out here and, for quarterly filers, submit a revenue report with the payment.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 423. Except as provided in Section 404, every carrier and related business subject to Section 421 shall make the payments of the required fee in accordance with the following schedule: (a) Every carrier and related business with annual gross intrastate revenues of one hundred thousand dollars ($100,000) or less, railroad corporation, commercial air operator, and for-hire vessel operator shall make payment of the fee to the commission on an annual basis on or before January 15. (b) Every other carrier and related business not subject to subdivision (a) shall make payment of the fee on a quarterly basis between the first and 15th days of July, October, January, and April. (c) Each carrier and related business subject to subdivision (b) shall, at that time, prepare and transmit a report, in the form the commission may specify, showing the gross operating revenue of the carrier or related business for the calendar quarter covered by the report together with the fee established pursuant to Section 421. In the case of a railroad corporation, the report shall address the factors identified by the commission as the basis for allocation pursuant to subdivision (g) of Section 422. (d) Any carrier or related business required to submit information and reports under this article may, in lieu thereof, submit copies of information or reports made to another governmental agency if all of the following requirements are met: (1) The alternate information or reports contain all of the information required by the commission. (2) The requirements to which the alternate information or reports are responsive are clearly identified. (3) The information or reports are certified by the carrier or related business to be true and correct. (Amended by Stats. 1991, Ch. 767, Sec. 4.)
  198. 424.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. )

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    The commission must create separate carrier classes for fee-setting under this article, and the section defines “gross intrastate revenue” and “fee.”

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 424. As used in this article: (a) “Class” means a group of carriers or related businesses as specified by the commission for purposes of establishing the fees pursuant to this article. The commission shall create separate classes for the following: passenger vehicle operators, pipeline corporations, vessel operators, railroad corporations, and commercial air operators. Nothing in this section restricts the commission from establishing other carrier classes or from establishing other classes within the existing classes listed in this section, including classes based on the kinds of vehicles used. (b) “Gross intrastate revenue” includes all compensation for the transportation or storage of property or the transportation of persons when both the origin and destination of the transportation or the performance of the service is within this state, and shall not include compensation for the transportation of persons or property in interstate or foreign commerce or the transportation of vehicles by ferries. “Gross intrastate revenue,” as determined pursuant to this article, shall apply only for purposes of determining the fees required by this chapter and shall not necessarily constitute gross operating revenue for any other purpose. (c) “Fee” means that monetary amount determined in accordance with this article. (Amended by Stats. 2000, Ch. 341, Sec. 3. Effective January 1, 2001.)
  199. 425.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. )

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    Commission staff may inspect and examine records of covered carriers and related businesses when ordered or directed by the commission.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 425. The employees, representatives, and inspectors of the commission may, under its order or direction, inspect and examine any books, accounts, records, memoranda, documents, papers, and correspondence kept or required to be kept by any carrier or related business referred to in this article. This section shall, to the extent deemed necessary by the commission, apply to persons who have direct or indirect control over, or who are affiliated with, any transportation agency. (Added by Stats. 1983, Ch. 323, Sec. 71. Effective July 1, 1983.)
  200. 426.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. )

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    The commission must use money in the Public Utilities Commission Transportation Reimbursement Account only for specified regulatory purposes.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 2. Common Carriers and Related Businesses [421 - 426] ( Article 2 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 426. The commission shall use all moneys paid into the Public Utilities Commission Transportation Reimbursement Account by charter-party carriers in connection with charter bus transportation, as defined in subdivision (b) of Section 5363, solely for the following purposes: (a) Safety regulation. (b) The administration of financial responsibility requirements. (c) Commission activities to ensure compliance with safety regulation and financial responsibility requirements. (d) Any other regulatory program permitted by Section 14501(a) of Title 49 of the United States Code. (Added by Stats. 1999, Ch. 1005, Sec. 11. Effective January 1, 2000.)

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