Public Utilities Code — Part 26 | PUC — United States — California law | Esheria

Public Utilities Code

Part 26 of 38 · provisions 5,001–5,200

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. 431.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71.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 3. Other Public Utilities [431 - 435] ( Article 3 added by Stats. 1983, Ch. 323, Sec. 71. )

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    The commission must set an annual fee for covered utilities, and those utilities must pay it.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 3. Other Public Utilities [431 - 435] ( Article 3 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 431. (a) The commission shall annually determine a fee to be paid by every electrical, gas, telephone, telegraph, water, sewer system, and heat corporation and every other public utility providing service directly to customers or subscribers and subject to the jurisdiction of the commission other than a railroad, except as otherwise provided in Article 2 (commencing with Section 421). (b) The annual fee shall be established to produce a total amount equal to that amount established in the authorized commission budget for the same year, including adjustments for increases in employee compensation, other increases appropriated by the Legislature, and an appropriate reserve to regulate public utilities less the amount to be paid from special accounts or funds pursuant to Section 402, reimbursements, federal funds, and any other revenues, and the amount of unencumbered funds from the preceding year. (c) This article shall not apply to any electrical cooperative as defined in Chapter 5 (commencing with Section 2776) of Part 2. (d) On and after January 1, 1985, this article shall apply to radiotelephone utilities as defined in Section 4902 as those provisions read on December 31, 1984. (e) This section shall become operative on January 1, 2020. (Repealed (in Sec. 2) and added by Stats. 2014, Ch. 885, Sec. 3. (AB 1717) Effective September 30, 2014. Section operative January 1, 2020, by its own provisions.)
  2. 432.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 3. Other Public Utilities [431 - 435] ( Article 3 added by Stats. 1983, Ch. 323, Sec. 71. )

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    The commission must set the fee under Section 431 with Department of Finance approval and allocate it by class and member using specified 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 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 3. Other Public Utilities [431 - 435] ( Article 3 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 432. The commission shall establish the fee pursuant to Section 431 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 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 shall be financed by the fee by each class of public utility subject to the fee. The fee allocation among classes of public utilities shall reflect expenditures by the commission on regulatory and other authorized activities affecting each respective class, and shall bear the same ratio that the commission’s workload for each class of public utility subject to the fee bears to the commission’s total workload for all public utilities subject to the fee. (b) The commission may establish different and distinct methods of assessing fees for each class of public utility, if the revenues collected are consistent with paragraph (2) of subdivision (a), except that the commission shall establish a uniform charge per kilowatt hour for sales in kilowatt hours for the class of electrical corporations and a uniform charge per therm for sales in therms for the class of gas corporations. (c) Within each class of public utility subject to the fee, the commission shall allocate among the members of the class the amount of its budget to be financed by the fee using the following methods: (1) For electrical corporations, the ratio that each corporation’s sales in kilowatt hours bears to the total sales in kilowatt hours for the class. (2) For gas corporations, the ratio that each corporation’s sales in therms bears to the total sales in therms for the class. (3) For telephone and telegraph corporations, the ratio that each corporation’s gross intrastate revenues bears to the total gross intrastate revenues for the class. If the commission determines that there is a need for consultants or advisory services to assist in determining the reasonableness of capital expenditures for a telephone corporation, the commission may adjust the fees within the class so that the expenses for the consultants and advisory services are fully allocated to that telephone corporation. (4) For water and sewer system corporations, the ratio that each corporation’s gross intrastate revenues bears to the total gross intrastate revenues for the class. (5) For all other public utilities, an appropriate measurement methodology determined by the commission. (d) Every public utility belonging to more than one class shall be subject to the fee for each class of which it is a member. (e) For every public utility with annual gross intrastate revenues of seven hundred fifty thousand dollars ($750,000) or less, the commission shall annually establish uniform fees to be paid by each such public utility, if the revenues collected thereby are consistent with paragraph (2) of subdivision (a) and subdivision (c). (Amended by Stats. 1993, Ch. 1035, Sec. 2. Effective January 1, 1994.)
  3. 433.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 3. Other Public Utilities [431 - 435] ( Article 3 added by Stats. 1983, Ch. 323, Sec. 71. )

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    Public utilities subject to Section 431 must pay the required fee to the commission, with the payment schedule depending on revenue level.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 3. Other Public Utilities [431 - 435] ( Article 3 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 433. Except as provided in Section 404, every public utility subject to Section 431 shall make payment of the required fee in accordance with the following schedule: (a) Every public utility with annual gross intrastate revenues of seven hundred fifty thousand dollars ($750,000) or less shall make payment of the fee to the commission on an annual basis on or before January 15. (b) Every other public utility not subject to subdivision (a) shall make payment of the fee to the commission on a quarterly basis between the first and 15th days of July, October, January, and April. (Added by Stats. 1983, Ch. 323, Sec. 71. Effective July 1, 1983.)
  4. 434.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 3. Other Public Utilities [431 - 435] ( Article 3 added by Stats. 1983, Ch. 323, Sec. 71. )

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    The commission may require certain public utilities to file information and reports, and it may accept reports already made to another government agency 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 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 3. Other Public Utilities [431 - 435] ( Article 3 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 434. (a) The commission may require every public utility subject to this article to furnish information and reports to the commission, at the time or times it specifies, to enable it to make the allocations pursuant to Section 432. (b) Any public utility required to submit information and reports under this article may, in lieu thereof, submit information or reports made to any other governmental agency if all of the following are met: (1) The alternate information or reports contain all of the information required by the commission. (2) The requirements to which the alternate reports or information are responsive are clearly identified. (3) The information or reports are certified by the public utility to be true and correct. (Added by Stats. 1983, Ch. 323, Sec. 71. Effective July 1, 1983.)
  5. 435.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 3. Other Public Utilities [431 - 435] ( Article 3 added by Stats. 1983, Ch. 323, Sec. 71. )

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    This section defines key terms used for public utilities reimbursement fees and requires the commission to create separate utility classes.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 3. Other Public Utilities [431 - 435] ( Article 3 added by Stats. 1983, Ch. 323, Sec. 71. ) ## 435. As used in this article: (a) “Class” means a group of public utilities as specified by the commission for purposes of establishing fees pursuant to this article. The commission shall create separate classes for the following: electrical corporations, gas corporations, heat corporations, water corporations, sewer system corporations, and telephone and telegraph corporations. (b) “Fee” means that monetary amount determined in accordance with this article. (c) “Gross intrastate revenues” means those revenues from a public utility subject to the jurisdiction of the commission and accounted for according to the uniform system of accounts maintained by the commission. For purposes of this article, the amount of gross intrastate revenues of a public utility subject to the jurisdiction of the commission shall be the gross intrastate operating revenues set forth in the annual report of the public utility to the commission. (d) “Sales in kilowatt hours” means sales in kilowatt hours, subject to the jurisdiction of the commission, for service directly to customers and subscribers of each electrical corporation, and shall not include interdepartmental sales or transfers and sales to other privately owned or publicly owned public utilities furnishing electricity. (e) “Sales in therms” means deliveries of gas in therms, without regard to ownership of the gas, subject to the jurisdiction of the commission, directly to customers and subscribers of each gas corporation, except interdepartmental sales or transfers and sales to other privately owned or publicly owned public utilities furnishing electricity, gas, or heat. (Amended by Stats. 1993, Ch. 1035, Sec. 4. Effective January 1, 1994.)
  6. 4351.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. )

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    This section defines key terms used in the chapter on enforcing federal pipeline safety standards for mobilehome park operators.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. ) ## 4351. As used in this chapter: (a) “Gas” means natural or manufactured gas, except propane, used for light, heat, or power. (b) “Distribution system” means a system of pipes within a mobilehome park operated by a person or corporation, other than a public utility, which is connected to a meter or other measuring device under the control of a privately owned or publicly owned public utility, for purposes of distribution of gas by the operator of a mobilehome park to the tenants of the mobilehome park who are the actual users of the gas furnished through the meter or device to the operator by the public utility. (c) “Operator” is a mobilehome park owner or operator who maintains and operates a master-metered natural gas distribution system. (d) “Department” means the Department of Housing and Community Development. (e) “Local enforcement agency” means the city, county, or city and county which has assumed the responsibility for the enforcement of Chapter 2 (commencing with Section 18300) of Part 2.1 of Division 13 of the Health and Safety Code. (f) “Federal law” or “federal pipeline standards” means the federal Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. Sec. 1671 et seq.) and the regulations contained in Parts 190, 191, and 192 of Title 49 of the Code of Federal Regulations. (Repealed and added by Stats. 1990, Ch. 1630, Sec. 2. This section was also added, in identical language, by Stats. 1990, Ch. 1601. Operative July 1, 1991, by Sec. 3 of Ch. 1630 (and Sec. 3 of Ch. 1601).)
  7. 4352.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. )

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    The commission must run a gas safety inspection and enforcement program for mobilehome parks with distribution systems, and its inspectors may enter and inspect property and related materials to carry it out.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. ) ## 4352. (a) The commission shall undertake a gas safety inspection and enforcement program for mobilehome parks with distribution systems to ensure compliance with the federal pipeline standards by mobilehome park operators within the state. The commission may adopt rules, which shall be at least as stringent as the federal law in order to protect the health and safety of mobilehome park residents. Nothing in this chapter prohibits the commission from adopting more stringent standards than those in the federal law. (b) As part of this gas safety inspection and enforcement program, the commission inspectors may: (1) Enter public or private property as is necessary to carry out this chapter. (2) Enter and inspect all mobilehome parks, wherever situated, and inspect all documents (including those records listed in subdivision (a) of Section 4353), accommodations, equipment, or paraphernalia used in connection with or related to the gas distribution system of the mobilehome park. (Amended by Stats. 1992, Ch. 817, Sec. 1. Effective September 22, 1992.)
  8. 4353.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. )

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    The commission must inspect mobilehome park distribution systems, and operators must not willfully obstruct inspectors.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. ) ## 4353. (a) The commission shall conduct an initial inspection of each distribution system which shall take place on the mobilehome park premises. The inspection shall consist of all of the following: (1) An inspection of the adequacy of the operator’s operation and maintenance plan. (2) The information contained in the required annual report. (3) The records of leak surveys and repairs, corrosion control, and cathodic protection of the system. (4) If deemed appropriate from the review of the records, a physical inspection of the mobilehome park’s distribution system to ensure compliance with the federal law; the applicable sections of Commission General Order 112 relating to mobilehome park distribution systems, excluding the sections relating to gas transmission facilities, LNG facilities, and gathering lines; and any rules and orders adopted by the commission pursuant to this chapter. (b) If the operator demonstrates compliance pursuant to subdivision (a), the distribution system shall thereafter be inspected at least once every seven years pursuant to a risk-based inspection schedule adopted by the commission. The subsequent inspections shall consist of the elements specified in subdivision (a). However, the commission may institute an inspection at any time if it determines, following a review of a subsequent annual report or receipt of a complaint, that an additional inspection is necessary. (c) If the operator does not demonstrate compliance pursuant to subdivision (a), the distribution system may be inspected on an annual basis until such time as there is compliance and, thereafter, shall be inspected as specified in subdivision (b). (d) If upon the initial inspection or any subsequent inspection, the commission determines the presence of a gas leak or other safety hazard in the distribution system which poses a significant or immediate danger to the health and safety of the park residents, the distribution system may be inspected more frequently until the condition is corrected. Once corrected, the park shall be inspected as specified in subdivision (b). (e) The commission may require an operator to provide necessary assistance to commission inspectors in entering and inspecting the mobilehome park, including, but not limited to: (1) Allowing commission inspectors entry to mobilehome park premises. (2) Having, upon notice, the necessary records specified in subdivision (a) available for the commission inspector’s review during the physical inspection. (3) Assisting in surveying or uncovering portions of a distribution system for purposes of inspection, verification, and testing. (f) It shall be a violation for a mobilehome park operator to willfully obstruct a commission inspector’s access, entry, or inspection of a mobilehome park. (g) The commission may enforce subdivision (f) by issuing a citation in the manner specified in subdivision (b) of Section 4357 and shall notify the United States Department of Transportation, the department or local enforcement agency, the utility serving the distribution system, and the operator of any citation issued pursuant to subdivision (f) of Section 4353. (Amended by Stats. 2012, Ch. 112, Sec. 1. (AB 1694) Effective January 1, 2013.)
  9. 4354.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. )

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    Mobilehome park operators must file an annual distribution-system report with the commission.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. ) ## 4354. (a) Every operator shall prepare and submit to the commission annually a report on the distribution system. (b) The report shall be submitted to the commission at the same time the annual application for a permit to operate the mobilehome park is submitted to the department or the local enforcement agency. (c) The report shall be prepared using a form required by the commission and shall contain the information the commission finds necessary to carry out the intent of this chapter. In developing the form, the commission shall consult with interested parties to ensure that the form contains no more than the necessary and appropriate information to carry out the intent of this chapter. (d) Upon receipt of the report, the commission shall examine the report for violations of (1) applicable federal pipeline safety laws or regulations or (2) any applicable commission rules or orders. The commission may inspect the operator’s distribution system for the purpose of verifying whether or not a violation of federal or state pipeline safety laws or regulations has occurred or is occurring. (Repealed and added by Stats. 1990, Ch. 1630, Sec. 2. This section was also added, in identical language, by Stats. 1990, Ch. 1601. Operative July 1, 1991, by Sec. 3 of Ch. 1630 (and Sec. 3 of Ch. 1601), except that subd. (c) is operative January 1, 1991.)
  10. 4354.5.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. )

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    Operators must keep specified system maps and records, and those materials must be given to a later operator when the mobilehome park is sold or transferred.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. ) ## 4354.5. (a) Every operator shall maintain all of the following: (1) A map, drawing, or diagram which indicates the location of the distribution system’s main and service lines, master-meter, and the identity of key valves. (2) A copy of each annual report which has been submitted pursuant to the federal law or this chapter. (3) A copy of any record of leak surveys and repairs, corrosion control, and cathodic protection of the system. (b) The information and records listed in subdivision (a) shall be provided to any subsequent operator of the distribution system upon the sale, transfer, or other conveyance of title to the mobilehome park. (c) Notwithstanding any other provision of law, there shall be no penalty pursuant to Section 4357 imposed upon a subsequent operator of the distribution system who has not received the information and records listed in subdivision (a) from the transferring operator or upon any operator who fails to have the information and records for any period on or before the effective date of this section. (Added by Stats. 1991, Ch. 633, Sec. 1. Effective October 8, 1991.)
  11. 4355.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. )

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    After each inspection, the commission must give the operator a written inspection report within 30 days, unless Section 4356 says otherwise. If the report shows a safety violation, the operator must file a written response within 30 days with a compliance plan for fixing the violations.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. ) ## 4355. Except as specified in Section 4356, after each inspection, the commission shall furnish the operator, or a representative designated in writing by the operator, with a written copy of the inspection report within 30 days of the inspection, and the report shall indicate any violations of applicable federal or state pipeline safety laws or regulations. Upon receipt of a report indicating a safety violation, the operator shall file, within 30 days, a written response with the commission which acknowledges receipt of the report and specifies a compliance plan for correcting the safety violations, including, if appropriate, a timetable for completing necessary repairs or improvements to the distribution system. The commission shall furnish copies of inspection reports indicating safety violations, and responses to these reports, to the United States Department of Transportation and to the department. (Repealed and added by Stats. 1990, Ch. 1601, Sec. 2. Operative July 1, 1991, by Sec. 3 of Ch. 1601.)
  12. 4356.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. )

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    If the commission finds a dangerous gas leak or similar safety hazard, it must notify specified agencies and the operator, and the operator must notify affected tenants, fix the hazard immediately, get required permits, and pay the repair costs.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. ) ## 4356. (a) If the commission determines the presence of a gas leak or other safety hazard in the distribution system which poses a significant or immediate danger to the health and safety of the park residents, it shall notify the United States Department of Transportation, the department or local enforcement agency, the utility serving the distribution system, and the operator, who shall provide notice to the affected tenants in the park. (b) The commission shall require the operator to take immediate steps to correct and repair the gas leak or other hazard. The park operator shall obtain permits from the department or local enforcement agency, as required by Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. The commission may direct the serving gas corporation to terminate service at the master meter if an operator does not comply with this requirement. The cost of repair or corrective actions shall be borne by the operator. (Amended by Stats. 1992, Ch. 817, Sec. 3. Effective September 22, 1992.)
  13. 4357.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. )

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    Mobilehome park operators can be fined for certain violations, missed reports, or failing to follow commission directives, and the commission may enforce the rule by issuing citations.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. ) ## 4357. (a) Any operator who commits a violation enumerated in subdivision (f) of Section 4353, or who fails to file the report required by Section 4354 or to comply with a directive of the commission pursuant to Section 4356 is subject to a civil penalty of not more than one thousand dollars ($1,000) for each day that the violation, failure to file the report or respond to the directive continues, but not to exceed two hundred thousand dollars ($200,000) for a single violation or related series of violations. The commission shall enforce this subdivision. (b) The commission may enforce subdivision (a) in the following manner: (1) By issuing a citation to the responsible person, as defined by Section 18603 of the Health and Safety Code, and to the mobilehome park operator. In the event of a violation that constitutes a significant or immediate danger to health and safety of the park residents, the citation shall be issued immediately and served upon the responsible person or the holder of the permit to operate the mobilehome park. The mobilehome park operator shall be responsible for the correction of any violations for which a citation has been given pursuant to this subdivision. (2) Service of the citation shall be effected either personally or by first-class mail. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the statutory provisions or regulations alleged to have been violated, as well as any penalty provided by law for failure to make timely correction. The citation shall fix the earliest feasible time, as determined by the commission, for the elimination of the condition constituting the alleged violation. (3) A mobilehome park operator may request an informal conference with the commission staff to challenge any citation alleging a violation, or any directive to correct a violation. The informal conference, any subsequent hearings, or appeals of a decision of the commission shall be conducted in accordance with the rules and procedures prescribed by the commission. (c) The remedies provided by this chapter are cumulative and shall not be construed to supersede other provisions of law providing sanctions for violators of this chapter, including, but not limited to, Sections 2112 and 2113 of the Public Utilities Code. (d) Nothing in this chapter affects the tort liability of the operator of a distribution system. (Amended by Stats. 1992, Ch. 817 (Sec. 4). Effective September 22, 1992.)
  14. 4358.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. )

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    The commission must set a surcharge and require annual rate adjustments to recover it. Operators may recover the surcharge from tenants monthly, but tenant charges are capped.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. ) ## 4358. (a) The commission shall establish a uniform billing per space or lot surcharge to be paid by operators with distribution systems subject to this chapter on natural gas purchased for distribution to their tenants. The surcharge shall be designed to recover the commission’s costs of the mobilehome park safety inspection and enforcement program required by this chapter. (b) The commission shall require gas corporations to adjust their rates on an annual basis to recover the surcharge specified in subdivision (a). Mobilehome parks which are served by publicly owned public utilities shall be inspected at the request of the serving utility. However, publicly owned public utilities which serve mobilehome parks subject to this chapter shall only be required to adjust their gas rates to recover the surcharge specified in subdivision (a) when a mobilehome park within the utility’s jurisdiction is inspected. (c) Notwithstanding any other provision of law or local ordinance, rule, regulation, or initiative measure, the operator shall be entitled to recover the surcharge collected pursuant to subdivision (a) from its tenants on a monthly basis. However, the charge to any tenant shall not exceed 30 cents per month for the period from July 1, 1991, until July 1, 1992, and shall not exceed 25 cents per month after that date. If the commission establishes the surcharge at a lesser amount, the operator’s recovery shall not exceed the actual surcharge. (d) All surcharge fees collected by gas corporations pursuant to this section shall be forwarded to the commission, as required by the commission. All surcharge fees collected pursuant to this section shall be deposited in the Public Utilities Commission Utilities Reimbursement Account in the General Fund, which fees shall be used, upon appropriation, for purposes of this chapter. (Amended by Stats. 1991, Ch. 633, Sec. 2. Effective October 8, 1991.)
  15. 4359.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. )

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    The commission may adopt rules and orders to carry out 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. ) ## 4359. The commission may adopt rules and orders to carry out this chapter. (Added by Stats. 1990, Ch. 1601, Sec. 2. Operative January 1, 1991, by Sec. 3 of Ch. 1601.)
  16. 4360.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. )

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    Operators of propane master-meter systems serving 10 or more customers from one source must comply with applicable federal law.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. ) ## 4360. Nothing in this chapter affects the requirement that operators of liquefied petroleum gas (propane) master-meter systems supplying 10 or more customers from a single source comply with the applicable provisions of the federal law. (Added by Stats. 1990, Ch. 1630, Sec. 2. Operative July 1, 1991, by Sec. 3 of Ch. 1630.)
  17. 4361.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. )

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    A mobilehome park operator must post emergency contact numbers and keep an emergency procedure on the premises, and must tell tenants where to find them.

    ## 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 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators [4351 - 4361] ( Chapter 4 repealed and added by Stats. 1990, Ch. 1630. ) ## 4361. (a) In each mobilehome park, the operator shall post on the mobilehome park premises the current emergency telephone numbers for, at a minimum, the gas company, the fire department, and the responsible person as defined by Section 18603 of the Health and Safety Code, and shall maintain on the mobilehome park premises an emergency procedure, which shall be used in the event there is a gas leak or other safety hazard in the gas distribution system. The operator is required to inform each of the tenants of the mobilehome park of the location of these emergency telephone numbers and the emergency procedure. (b) Any operator who fails to comply with subdivision (a) shall be subject to the same penalty as set forth in subdivision (a) of Section 4357. The commission shall enforce this subdivision pursuant to subdivision (b) of Section 4357. (Added by Stats. 1992, Ch. 817, Sec. 5. Effective September 22, 1992.)
  18. 440.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Video Service Franchises [440 - 444] ( Article 4 added by Stats. 2006, Ch. 700, Sec. 2. )

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    This section adopts Section 5830 definitions for certain terms and creates the Public Utilities Commission Video Franchising Account in the Public Utilities Commission Utilities 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 4. Video Service Franchises [440 - 444] ( Article 4 added by Stats. 2006, Ch. 700, Sec. 2. ) ## 440. (a) For purposes of this article, “state franchise,” “video service,” and “video service provider” shall have the same meaning as those terms are defined in Section 5830. (b) The Public Utilities Commission Video Franchising Account is hereby created in the Public Utilities Commission Utilities Reimbursement Account. (Added by Stats. 2006, Ch. 700, Sec. 2. Effective January 1, 2007.)
  19. 441.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Video Service Franchises [440 - 444] ( Article 4 added by Stats. 2006, Ch. 700, Sec. 2. )

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    The commission must set an annual fee for applicants or holders of a state franchise.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Video Service Franchises [440 - 444] ( Article 4 added by Stats. 2006, Ch. 700, Sec. 2. ) ## 441. The commission shall annually determine a fee to be paid by an applicant or holder of a state franchise pursuant to Division 2.5 (commencing with Section 5800). The annual fee shall be established to produce a total amount equal to that amount established in the authorized commission budget for the same year, including adjustments for increases in employee compensation, other increases appropriated by the Legislature, and an appropriate reserve to carry out the provisions of Division 2.5 (commencing with Section 5800), less the amount to be paid from reimbursements, federal funds, and any other revenues, and the amount of unencumbered funds from the preceding year. (Added by Stats. 2006, Ch. 700, Sec. 2. Effective January 1, 2007.)
  20. 442.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Video Service Franchises [440 - 444] ( Article 4 added by Stats. 2006, Ch. 700, Sec. 2. )

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    The commission must establish and impose the fee, track and separately account for related fees and charges, send collected fees to the Treasurer at least quarterly, and authorize refunds when 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 4. Video Service Franchises [440 - 444] ( Article 4 added by Stats. 2006, Ch. 700, Sec. 2. ) ## 442. (a) The commission shall establish the fee pursuant to Section 441 with the approval of the Department of Finance. The commission shall specify the amount of its budget to be financed by the fee in its annual budget request. (b) The fee shall be determined and imposed by the commission consistent with the requirements of Section 542 of Title 47 of the United States Code. (c) All fees collected by the commission pursuant to this section shall be transmitted to the Treasurer at least quarterly for deposit in the Public Utilities Commission Video Franchising Account. (d) The commission shall maintain those records as are necessary to account separately for all fees and charges, including the fees authorized by Section 441. (e) The commission shall authorize refunds of the fees provided for in this article when the fees were collected in error. (Added by Stats. 2006, Ch. 700, Sec. 2. Effective January 1, 2007.)
  21. 443.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Video Service Franchises [440 - 444] ( Article 4 added by Stats. 2006, Ch. 700, Sec. 2. )

    Verify source ↗

    The commission may require a video service provider to submit information and reports, and a provider may instead use reports made to another government agency 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 2.5. Public Utilities Commission Reimbursement Fees [401 - 444] ( Chapter 2.5 repealed and added by Stats. 1983, Ch. 323, Sec. 71. ) ## ARTICLE 4. Video Service Franchises [440 - 444] ( Article 4 added by Stats. 2006, Ch. 700, Sec. 2. ) ## 443. (a) The commission may require a video service provider subject to this article to furnish information and reports to the commission, at the time or times it specifies, to enable it to determine the fee pursuant to Section 441. (b) Any video service provider required to submit information and reports under this article may, in lieu thereof, submit information or reports made to any other governmental agency if all of the following are met: (1) The alternate information or reports contain all of the information required by the commission. (2) The requirements to which the alternate reports or information are responsive are clearly identified. (3) The information or reports are certified by the video service provider to be true and correct. (Added by Stats. 2006, Ch. 700, Sec. 2. Effective January 1, 2007.)
  22. 444.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Video Service Franchises [440 - 444] ( Article 4 added by Stats. 2006, Ch. 700, Sec. 2. )

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    If a video service provider is 30 days late on fees, the commission may suspend or revoke its state franchise, order it to stop operations, 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 4. Video Service Franchises [440 - 444] ( Article 4 added by Stats. 2006, Ch. 700, Sec. 2. ) ## 444. (a) If a video service provider subject to this article is in default of the payment of any fee required by this article for a period of 30 days or more, the commission may suspend or revoke the state franchise of the video service provider or order the video service provider to cease and desist from conducting all operations subject to the franchising authority of the commission. 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 video service provider shall be estopped to complain of the amount of the commission’s estimate. (b) Upon payment of the fee so estimated and penalty, if applicable, the state franchise of the video service provider 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 video service provider upon written application and a showing of the necessity of the extension. (c) Upon revocation of any state franchise or issuance of an order to cease and desist pursuant to this section, all fees in default shall become due and payable immediately. (d) 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 this article, 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. (Added by Stats. 2006, Ch. 700, Sec. 2. Effective January 1, 2007.)
  23. 4451.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

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    This section defines key terms used in Chapter 4.1 on propane operator pipeline safety.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4451. As used in this chapter: (a) “Supplier” means a person or corporation, other than a public utility, who sells propane and arranges for its delivery to the operator’s tank. (b) “Distribution system” means a system of pipes, operated by a person or corporation other than a public utility, serving 10 or more customers, within a citywide area, an apartment house, a condominium, a cluster of homes, a shopping center, a combination of any of the above, a mobilehome park with two or more customers, or any system if a portion of the system is located in a public place, which is connected to a tank or tanks, for the purpose of distribution of propane to the end customers. (c) “Operator” means the owner of the mobilehome park or the distribution system, or the designated responsible employee, manager, or legal representative. (d) “Tank” means a vessel for the storage and distribution of propane. (e) “Department” means the Department of Housing and Community Development. (f) “Local enforcement agency” means the city, county, or city and county that has assumed the responsibility for the enforcement of Chapter 2 (commencing with Section 18300) of Part 2.1 of Division 13 of the Health and Safety Code. (g) “Federal law” or “federal pipeline standards” means the Federal Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. Sec. 1671 et seq.) and the regulations contained in Parts 190, 191, and 192 of Title 49 of the Code of Federal Regulations. (h) “Propane” means propane gas, also known as liquid petroleum gas or LPG. (i) “NFPA 58” means National Fire Protection Association Standard number 58, which covers rules and standards for propane service. The Legislature finds and declares that NFPA 58 is overseen by a national committee that ensures that the standard incorporates the latest in current and approved technology. (j) “Commission” means the Public Utilities Commission. (k) “General Order (or GO) 112” means the commission’s general order that sets out rules governing design, construction, testing, maintenance, and operation of utility gas gathering, transmission, and distribution piping systems. GO 112 incorporates, by reference, all the pertinent federal laws defined in subdivision (g). (l) “Public place” means any system supplying two or more customers where any portion is under a public right of way. (m) “Trust fund” means the propane safety inspection and enforcement trust fund established pursuant to Section 4462. (Amended by Stats. 1996, Ch. 651, Sec. 1. Effective January 1, 1997.)
  24. 4452.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

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    The commission must start a propane safety inspection and enforcement program, and commission inspectors may enter and inspect propane systems and related documents. The program does not cover several listed propane uses and system types.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4452. (a) On or before July 1, 1995, the commission shall undertake a propane safety inspection and enforcement program for propane distribution systems to ensure compliance with the federal pipeline standards by propane operators within the state. The commission may adopt rules, which shall be at least as stringent as the federal law, in order to protect the health and safety of customers served by propane distribution systems. Nothing in this chapter prohibits the commission from adopting more stringent standards than those in the federal pipeline standards. (b) As part of this propane safety inspection and enforcement program, the commission inspectors may: (1) Enter public or private property as is necessary to carry out this chapter. (2) Enter and inspect all propane distribution systems, wherever situated, and inspect all documents (including those records listed in subdivision (a) of Section 4453), accommodations, equipment, or paraphernalia used in connection with or related to the distribution system. (c) The commission’s propane safety inspection and enforcement program shall not cover propane used by any of the following: (1) Single customers served by single tanks. (2) Distribution systems, other than mobilehome parks, that serve less than 10 customers, unless any portion of the system is located in a public place. (3) Recreational vehicles and appliances. (4) Vehicular fuel. (5) Agricultural, commercial serving less than 10 customers, unless a portion of the system is located in a public place, industrial, and refinery systems. (6) Cylinder exchange operations. (Amended by Stats. 1996, Ch. 651, Sec. 2. Effective January 1, 1997.)
  25. 4453.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

    Verify source ↗

    The commission must inspect distribution systems and may require operator assistance; operators must not obstruct inspections or remove warning tags.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4453. (a) The commission shall conduct an initial inspection of each distribution system which shall take place on the premises. The inspection shall determine if the distribution system falls under the commission’s safety program pursuant to paragraph (2) of subdivision (c) of Section 4452. If it is determined that it does not, then the inspection shall be terminated immediately. Otherwise, the inspection, and all followup inspections, shall consist of all of the following: (1) A review of the adequacy of the operator’s operation and maintenance plan, emergency plan, and system map or maps. (2) Evaluation of the information contained in the required annual report. (3) A review of the records of leak surveys and repairs, corrosion control, and cathodic protection of the system. (4) If deemed appropriate from the review of the records, a physical inspection of the propane distribution system to ensure compliance with the federal law, the applicable sections of General Order 112 relating to the distribution system, NFPA 58, and any rules and orders adopted by the commission pursuant to this chapter. (b) If the operator demonstrates compliance pursuant to subdivision (a), the distribution system shall thereafter be inspected at least once every seven years pursuant to a risk-based inspection schedule adopted by the commission. The subsequent inspections shall consist of the elements specified in subdivision (a). However, the commission may institute an inspection for a distribution system of any size, at any time, if it determines, following a review of a subsequent annual report or receipt of a complaint, that an additional inspection is necessary. (c) If the operator does not demonstrate compliance pursuant to subdivision (a), the distribution system may be inspected on an annual basis until such time as there is compliance, and thereafter, shall be inspected as specified in subdivision (b). (d) If upon the initial inspection or any subsequent inspection, the commission determines the presence of a propane leak or other safety hazard in the distribution system that poses a significant or immediate danger to the health and safety of the customers, the distribution system may be inspected more frequently until the condition is corrected. Once corrected, the distribution system shall be inspected as specified in subdivision (b). (e) The commission may require an operator to provide necessary assistance to commission inspectors in entering and inspecting the distribution systems, including, but not limited to: (1) Allowing commission inspectors entry to the premises. (2) Having, upon notice, the necessary records specified in subdivision (a) available for the commission inspector’s review during the physical inspection. (3) Assisting in surveying or uncovering portions of the distribution systems for purposes of inspection, verification, and testing. (f) It shall be a violation for an operator to willfully obstruct a commission inspector’s access, entry, or inspection of a distribution system or to remove a warning tag placed on the operator’s tank by a commission inspector pursuant to subdivision (b) of Section 4456. (g) The commission may enforce subdivision (f) by issuing a citation in the manner specified in subdivision (b) of Section 4457, and shall notify the department or local enforcement agency, the supplier serving the distribution system, the State Fire Marshal, local fire districts, and the operator of any citation issued pursuant to this subdivision. (h) If the commission determined, upon inspection or a receipt of a complaint or disclosure, that a distribution system pursuant to paragraph (2) of subdivision (c) of Section 4452 is serving more than nine customers, or if any portion of the system is located in a public place, then the distribution system shall be subject to the commission’s safety program as set forth in this chapter. (Amended by Stats. 2012, Ch. 112, Sec. 2. (AB 1694) Effective January 1, 2013.)
  26. 4454.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

    Verify source ↗

    Some propane system operators must file an annual distribution-system report with the commission, usually by March 31; mobilehome park reports are filed with the permit application instead.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4454. (a) Every operator of a system serving 10 or more units or where any portion of the system is located in a public place, with the exception of mobilehome parks operators, shall prepare and submit to the commission annually a report on the distribution system. The report shall be submitted by March 31 of each year and shall cover the previous calendar year. (b) In the case of mobilehome parks, the report shall be submitted to the commission at the same time the annual application for a permit to operate the mobilehome park is submitted to the department or the local enforcement agency. (c) The report shall be prepared using a form or forms required by the commission, and shall contain the information the commission finds necessary to carry out the intent of this chapter. In developing the form or forms, the commission shall consult with interested parties to ensure that the form contains no more than the necessary and appropriate information to carry out the intent of this chapter. (d) Upon receipt of the report, the commission shall examine the report for violations of either applicable federal pipeline safety laws or regulations or any applicable commission rules or orders. The commission may inspect the operator’s distribution system for the purpose of verifying whether or not a violation of federal or state pipeline safety laws or regulations, or NFPA 58 rules, has occurred or is occurring. (Amended by Stats. 1996, Ch. 651, Sec. 4. Effective January 1, 1997.)
  27. 4454.5.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

    Verify source ↗

    Operators must keep specified system maps, reports, records, and plans, and must pass them to a later operator when the system is sold or transferred.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4454.5. (a) Every operator shall maintain all of the following: (1) A map, drawing, or diagram that indicates the location of the distribution system’s main and service lines, tank (or tanks), regulators, the identity and location of key valves, and the identity of the supplier. (2) A copy of each annual report that has been submitted pursuant to the federal law or this chapter. (3) A copy of any record of leak surveys and repairs, corrosion control, and cathodic protection of the system. (4) An operation and maintenance plan, and an emergency plan. (b) The information and records listed in subdivision (a) shall be provided to any subsequent operator of the distribution system upon the sale, transfer, or other conveyance of title to the distribution system. (c) Notwithstanding any other provision of law, there shall be no penalty pursuant to Section 4457 imposed upon a subsequent operator of the distribution system who has not received the information and records listed in subdivision (a) from the transferring operator or upon any operator who fails to have the information and records for any period on or before the effective date of this section. (Added by Stats. 1994, Ch. 388, Sec. 1. Effective January 1, 1995.)
  28. 4455.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

    Verify source ↗

    After each inspection, the commission must give the operator a written inspection report within 30 days, unless Section 4456 says otherwise. The operator must then file a written response within 30 days.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4455. Except as specified in Section 4456, after each inspection, the commission shall furnish the operator, or a representative designated in writing by the operator, with a written copy of the inspection report within 30 days of the inspection. The report shall indicate any violations of applicable federal or state pipeline safety regulations. The operator shall then file, within 30 days, a written response with the commission that acknowledges receipt of the report and specifies a compliance plan for correcting the safety violations, including, if appropriate, a timetable for completing necessary repairs or improvements to the distribution system. (Added by Stats. 1994, Ch. 388, Sec. 1. Effective January 1, 1995.)
  29. 4456.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

    Verify source ↗

    If the commission finds a dangerous propane leak or similar hazard, it must notify the supplier, the operator, and local authorities as needed, and require immediate repair steps. The operator must notify affected customers, obtain required permits, and bear repair costs. If the operator does not comply, the commission may tag the tank and direct suppliers to stop service.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4456. (a) If the commission determines the presence of a propane leak or other safety hazard in the distribution system, which poses a significant or immediate danger to the health and safety of the distribution system’s customers, it shall notify the supplier serving the distribution system; the operator, who shall provide notice to the affected customers; and local authorities, as deemed necessary. (b) The commission shall require the operator to take immediate steps to correct and repair the propane leak or other hazard. The operator of a mobilehome park shall obtain permits from the department or local enforcement agency, as required by Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code. Other operators shall obtain permits from local agencies, such as the county or fire district. The commission may place a warning tag on the tank, may direct the serving supplier to terminate service to the tank, and may direct other local suppliers not to serve the tank, if an operator does not comply with this requirement. The cost of repair or corrective action shall be borne by the operator. (Amended by Stats. 1996, Ch. 651, Sec. 5. Effective January 1, 1997.)
  30. 4457.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

    Verify source ↗

    Operators can be fined up to $1,000 per day for certain violations, with a $200,000 cap for a single violation or related series, and the commission enforces the rule by citation.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4457. (a) Any operator who commits a violation enumerated in subdivision (f) of Section 4453 or who fails to file the report required by Section 4454 or fails to comply with a directive of the commission pursuant to Section 4456 is subject to a civil penalty of not more than one thousand dollars ($1,000) for each day that the violation, or failure to file the report or respond to the directive continues, but not to exceed two hundred thousand dollars ($200,000) for a single violation or related series of violations. The commission shall enforce this subdivision. (b) The commission may enforce subdivision (a) in the following manner: (1) By issuing a citation to the operator, as defined by Section 18603 of the Health and Safety Code. In the event of a violation that constitutes a significant or immediate danger to the health and safety of the customers, the citation shall be issued immediately and served upon the responsible person or the holder of the permit to operate the distribution system. The operator shall be responsible for the correction of any violations for which a citation has been given pursuant to this subdivision. (2) Service of the citation shall be effected either personally or by first-class mail. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the statutory provisions or regulations alleged to have been violated, as well as any penalty provided by law for failure to make a timely correction. The citation shall fix the earliest feasible time, as determined by the commission, for the elimination of the condition constituting the alleged violation. (3) A distribution system operator may request an informal conference with the commission staff to challenge any citation alleging a violation, or any directive to correct a violation. The informal conference, any subsequent hearings, or appeals of a decision of the commission shall be conducted in accordance with the rules and procedures prescribed by the commission. (c) The remedies provided by this chapter are cumulative and shall not be construed to supersede other provisions of law providing sanctions for violators of this chapter, including, but not limited to, Sections 2112 and 2113. (d) Nothing in this chapter affects the tort liability of the operator of a distribution system. (Added by Stats. 1994, Ch. 388, Sec. 1. Effective January 1, 1995.)
  31. 4458.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

    Verify source ↗

    The commission must establish and collect a propane surcharge from covered operators, capped at $0.25 per month per space or lot, and operators may recover the surcharge from customers up to the actual surcharge amount.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4458. (a) The commission shall establish a surcharge to be paid by operators with distribution systems subject to this chapter on propane purchased for distribution to their customers. The surcharge shall be designed to partially recover the commission’s costs of the propane safety inspection and enforcement program required by this chapter, and to partially recover the commission’s costs of collecting and administering the surcharge. The commission shall collect the surcharge from the operators and deposit it into the Propane Safety Inspection and Enforcement Program Trust Fund, for transfer to the commission’s Utilities Reimbursement Account in the General Fund, which shall be used, upon appropriation by the Legislature, for purposes of Chapter 4.1 (commencing with Section 4451) of Division 2 of the Public Utilities Code. The surcharge shall be assessed on a per space or lot basis, shall not exceed twenty-five cents ($0.25) per month, and shall be collected by the commission on an annual basis. (b) Notwithstanding any other provision of law or local ordinance, rule, regulation, or initiative measure, the operator shall be entitled to recover the surcharge collected pursuant to subdivision (a) from its customers. However, the charge to any customer, to allow for the operator’s recovery, shall not exceed the actual surcharge. (Amended by Stats. 1999, Ch. 1005, Sec. 70. Effective January 1, 2000.)
  32. 4459.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

    Verify source ↗

    The commission may adopt rules and orders to carry out 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4459. The commission may adopt rules and orders to carry out this chapter. (Added by Stats. 1994, Ch. 388, Sec. 1. Effective January 1, 1995.)
  33. 4460.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

    Verify source ↗

    Operators in each distribution system must post emergency phone numbers, keep emergency procedures on site, and tell customers where to find them.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4460. (a) In each distribution system, the operator shall post on the premises the current emergency telephone numbers for, at a minimum, the operator, the supplier, the fire department, and the responsible person as defined by Section 18603 of the Health and Safety Code, and shall maintain on the premises a copy of the emergency procedures that shall be used in the event there is a propane leak or other safety hazard in the distribution system. The operator shall inform each of the customers of the location of these emergency telephone numbers and the emergency procedure. (b) Any operator who fails to comply with subdivision (a) shall be subject to the same penalty set forth in subdivision (a) of Section 4457. The commission shall enforce this subdivision pursuant to subdivision (b) of Section 4457. (Amended by Stats. 1995, Ch. 91, Sec. 148. Effective January 1, 1996.)
  34. 4461.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

    Verify source ↗

    The Occupational Safety and Health Standards Board must adopt the 1992 edition of NFPA 58 by reference before January 1, 1996, and it may adopt stricter standards than NFPA 58.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4461. Prior to January 1, 1996, the Occupational Safety and Health Standards Board shall adopt by reference the 1992 edition of NFPA 58 Standard for the Storage and Handling of Liquified Petroleum Gasses, or as that 1992 edition may be subsequently amended or supplemented. It is the intent of the Legislature that the NFPA 58 Standard supersede any inconsistent state standards, including, but not limited to, Sections 470 to 494, inclusive, of Chapter 4 of Title 8 of the California Administrative Code. Nothing in this section prohibits the Occupational Safety and Health Standards Board from adopting more stringent standards than those in NFPA 58. (Added by Stats. 1994, Ch. 388, Sec. 1. Effective January 1, 1995.)
  35. 4462.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

    Verify source ↗

    This section creates the propane safety inspection and enforcement program trust fund and says the commission administers it.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4462. (a) This chapter hereby creates a trust fund known as the propane safety inspection and enforcement program trust fund. The trust fund shall be administered by the commission. (b) The trust fund shall be used to partially support the funding requirements of the propane safety inspection and enforcement program of the commission pursuant to this chapter. (Added by Stats. 1996, Ch. 651, Sec. 7. Effective January 1, 1997.)
  36. 4463.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

    Verify source ↗

    This chapter cannot be implemented unless enough federal funding has been appropriated to the Public Utilities Commission, and no extra charges may be passed on to California consumers.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4463. Notwithstanding any other provision of law, this chapter, as added by Chapter 388 of the Statutes of 1994, shall not be implemented unless sufficient federal funding has been annually appropriated to the Public Utilities Commission to ensure that only those charges specifically fixed by law, and no additional charges shall, directly or indirectly, be passed on to California consumers. (Added by Stats. 1996, Ch. 651, Sec. 8. Effective January 1, 1997.)
  37. 4464.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

    Verify source ↗

    The commission must identify the relevant operators and collect surcharges from them when administering the trust fund, and it may use a balancing account for yearly overcollection or undercollection.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4464. (a) The commission in administering the trust fund, shall be responsible for the identification of the pertinent operators and for the collection of the surcharges from the operators. (b) The commission may use a balancing account, in conjunction with the trust fund, to account for any overcollection or undercollection on a yearly basis. (c) The commission’s administrative responsibility and surcharge collection shall exempt all propane used by the following: (1) Agricultural, commercial serving less than 10 customers unless a portion of the system is located in a public place, industrial, and refinery systems. (2) Recreational vehicles and appliances. (3) Vehicular fuel. (4) Single customers served by single tanks. (5) Distribution systems, other than mobilehome parks, which serve less than 10 customers, unless a portion of the system is located in a public place. (6) Cylinder exchange operations. (Added by Stats. 1996, Ch. 651, Sec. 9. Effective January 1, 1997.)
  38. 4465.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. )

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    If an operator under this chapter is 30+ days late on the required surcharge, the commission may estimate the fee, add up to a 25% penalty, and sue to collect the delinquent amount.

    ## 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 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators [4451 - 4465] ( Chapter 4.1 added by Stats. 1994, Ch. 388, Sec. 1. ) ## 4465. (a) If any operator subject to this chapter is in default of the payment of the surcharge required by this chapter for a period of 30 days or more, the commission may estimate from all available information the appropriate fee and may add to the amount of the estimated fee a penalty not to exceed 25 percent of the amount on account of the failure, refusal, or neglect to pay the fee, and the operator shall be estopped to complain of the amount of the commission’s estimate. (b) 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 subdivision (a) of this section, together with a penalty of 25 percent for the delinquency. (Added by Stats. 1996, Ch. 651, Sec. 10. Effective January 1, 1997.)
  39. 451.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Public utilities must keep charges, services, and service rules just and reasonable.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 451. All charges demanded or received by any public utility, or by any two or more public utilities, for any product or commodity furnished or to be furnished or any service rendered or to be rendered shall be just and reasonable. Every unjust or unreasonable charge demanded or received for such product or commodity or service is unlawful. Every public utility shall furnish and maintain such adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities, including telephone facilities, as defined in Section 54.1 of the Civil Code, as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public. All rules made by a public utility affecting or pertaining to its charges or service to the public shall be just and reasonable. (Amended by Stats. 1977, Ch. 700.)
  40. 451.1.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This section tells the commission how to decide wildfire cost-recovery applications and requires electrical corporations to meet proof and filing 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 451.1. (a) For purposes of this section, the following terms have the following meanings: (1) “Covered wildfire” has the same meaning as defined in Section 1701.8. (2) “Wildfire Fund” means the Wildfire Fund created pursuant to Section 3284. (b) When determining an application by an electrical corporation to recover costs and expenses arising from a covered wildfire, the commission shall allow cost recovery if the costs and expenses are just and reasonable. Costs and expenses arising from a covered wildfire are just and reasonable if the conduct of the electrical corporation related to the ignition was consistent with actions that a reasonable utility would have undertaken in good faith under similar circumstances, at the relevant point in time, and based on the information available to the electrical corporation at the relevant point in time. Reasonable conduct is not limited to the optimum practice, method, or act to the exclusion of others, but rather encompasses a spectrum of possible practices, methods, or acts consistent with utility system needs, the interest of the ratepayers, and the requirements of governmental agencies of competent jurisdiction. Costs and expenses in the application may be allocated for cost recovery in full or in part taking into account factors both within and beyond the utility’s control that may have exacerbated the costs and expenses, including humidity, temperature, and winds. (c) An electrical corporation bears the burden to demonstrate, based on a preponderance of the evidence, that its conduct was reasonable pursuant to subdivision (b) unless it has a valid safety certification pursuant to Section 8389 for the time period in which the covered wildfire that is the subject of the application ignited. If the electrical corporation has received a valid safety certification for the time period in which the covered wildfire ignited, an electrical corporation’s conduct shall be deemed to have been reasonable pursuant to subdivision (b) unless a party to the proceeding creates a serious doubt as to the reasonableness of the electrical corporation’s conduct. Once serious doubt has been raised, the electrical corporation has the burden of dispelling that doubt and proving the conduct to have been reasonable. (d) If an electrical corporation has drawn amounts from the Wildfire Fund for eligible claims for a covered wildfire, then the electrical corporation shall file an application to recover costs and expenses pursuant to Section 1701.8 after it has paid substantially all third-party liability claims arising from the covered wildfire. (e) Notwithstanding Section 451, this section shall direct the commission’s evaluation of applications for recovery of costs and expenses arising from a covered wildfire. This section shall not apply to any other applications for cost recovery. (f) This section shall not affect any civil action, appeal, or other action or proceeding. (g) This section shall become inoperative if Section 3292 becomes inoperative pursuant to subdivision (k) of that section and this section shall be repealed on the first January 1 more than three months after this section becomes inoperative. The commission shall notify the Secretary of State as to whether this section becomes inoperative and is repealed. (Amended by Stats. 2019, Ch. 396, Sec. 23. (AB 1513) Effective January 1, 2020. Section conditionally inoperative. Repealed on date prescribed by its own provisions.)
  41. 451.2.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    For certain 2017 catastrophic wildfire cost recovery applications, the commission must decide what costs are just and reasonable, consider the utility’s finances, and limit disallowed recovery to an amount the utility can bear without harming ratepayers or service. The electrical corporation may apply for a financing order for some of the allocated or disallowed amount.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 451.2. (a) In an application by an electrical corporation to recover costs and expenses arising from, or incurred as a result of, a catastrophic wildfire with an ignition date in the 2017 calendar year, the commission shall determine whether those costs and expenses are just and reasonable in accordance with Section 451. (b) Notwithstanding Section 451, when allocating costs, the commission shall consider the electrical corporation’s financial status and determine the maximum amount the corporation can pay without harming ratepayers or materially impacting its ability to provide adequate and safe service. The commission shall ensure that the costs or expenses described in subdivision (a) that are disallowed for recovery in rates assessed for the wildfires, in the aggregate, do not exceed that amount. (c) An electrical corporation may apply for a financing order pursuant to Article 5.8 (commencing of Section 850) of Chapter 4 for the amount of costs and expenses allocated to the ratepayer as just and reasonable or as disallowed for recovery but exceeding the amount determined pursuant to subdivision (b). (Added by Stats. 2018, Ch. 626, Sec. 27. (SB 901) Effective January 1, 2019.)
  42. 451.3.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If the commission finds an electrical corporation is seeking recovery of previously authorized costs, the commission may fine it up to three times the penalty in Section 2107 for each violation.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 451.3. If the commission finds that an electrical corporation is requesting recovery of costs that were previously authorized by the commission for cost recovery by the electrical corporation, the commission may fine the electrical corporation an amount up to three times the amount of the penalty provided in Section 2107 for each violation. (Added by Stats. 2019, Ch. 79, Sec. 7. (AB 1054) Effective July 12, 2019.)
  43. 451.5.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A public utility cannot recover, through rates, expenses from bonuses paid to executive officers when it has stopped paying its debts in the ordinary course of business; those costs must be borne by shareholders.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 451.5. (a) Any expense resulting from a bonus paid to an executive officer of a public utility that has ceased to pay its debts in the ordinary course of business shall not be recoverable either directly or indirectly in rates and shall be borne exclusively by the shareholders of the public utility. This prohibition shall be operative for a period of no less than two years after the public utility resumes paying its debts in the ordinary course of business, and shall be operative for any additional time period as determined by the commission. (b) The requirements of subdivision (a) do not apply to a bonus that is specifically defined in a standard employee compensation contract. (c) For purposes of this section, “executive officer” means any person who performs policy making functions and is employed by the public utility subject to the approval of the board of directors, and includes the president, secretary, treasurer, and any vice president in charge of a principal business unit, division, or function of the public utility. (Added by Stats. 2004, Ch. 759, Sec. 1. Effective January 1, 2005.)
  44. 451.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Some electricity surcharges do not apply to qualifying industrial process heat recovery reductions, if the technology meets listed conditions and a commission-set cap.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 451.7. (a) Nonbypassable or departing load surcharges, as defined by the commission, shall not apply to a reduction in kilowatthours of electricity that an electrical corporation customer consumes from the electrical grid in a metered interval due to industrial process heat recovery technology, up to a cap established by the commission. (b) In order to receive the exemption pursuant to subdivision (a), the industrial process heat recovery technology shall meet all of the following requirements: (1) The industrial process heat recovered to produce electricity is integral to the industrial process. (2) The industrial process heat recovered to produce electricity is created by the industrial process. (3) No supplemental firing or fuel use occurs to increase or to stabilize the steam’s temperature. (4) The electricity generated by the industrial process heat recovery technology has zero marginal greenhouse gas emissions associated with it. (5) The electricity generated by the industrial process heat recovery technology is fully self-consumed onsite during a manufacturing process. (6) The electricity generated by the industrial process heat recovery technology is not exported to the electrical grid for sale into the wholesale market. (7) The electricity generated by the industrial process heat recovery technology does not exceed 25 percent of the installing customer’s peak electrical load at the time of installation. (8) The industrial process heat recovery technology has a minimum nameplate rating of 500 kilowatts. (9) The industrial process heat recovery technology is installed on or after January 1, 2024. (c) In implementing the exemption in subdivision (a), the commission shall minimize the cost impacts to all nonparticipating customers that are directly attributable to the nonbypassable or departing load charges of customers using industrial process heat recovery technology pursuant to subdivision (b). (d) For purposes of this section, the following definitions apply: (1) “Industrial process heat recovery” means a process that captures and reuses heat that would otherwise not be used, without any additional fuel input or supplemental firing, thereby reducing the electrical consumption of the industrial process. (2) “Reduction” means a reduction from the baseline electrical load of the industrial process before installation of the industrial process heat recovery technology. (Added by Stats. 2024, Ch. 700, Sec. 3. (AB 2109) Effective January 1, 2025.)
  45. 451.8.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must review general rate case cost differences, adjust the next authorized revenue requirement as appropriate, and set reporting and tracking rules for electrical and gas corporations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 451.8. (a) Following the approval of each general rate case, the commission shall review which costs, if any, differed from the general rate case forecasts for each electrical corporation or gas corporation. The commission shall adjust the authorized revenue requirement in the subsequent general rate case, as appropriate, based on the actual past costs the corporation records. (b) (1) The commission shall establish guidelines for electrical corporations and gas corporations to calculate and report their actual rates of return to the commission. (2) The commission shall require electrical corporations and gas corporations to report their actual rates of return to the commission annually. (3) The commission shall adopt processes to adequately track an electrical corporation’s or gas corporation’s actual rate of return relative to its forecasted rate of return and shall require the corporation to identify the cost categories where projected costs differed from actual costs. (c) This section does not restrict, limit, or otherwise affect the commission’s obligation to ensure that rates are sufficient to enable an electrical corporation or gas corporation to recover a just and reasonable amount of revenue, pursuant to Section 451, including a reasonable return. (Added by Stats. 2024, Ch. 413, Sec. 1. (AB 2666) Effective January 1, 2025.)
  46. 451.9.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A gas corporation may stop service in a pilot-project area if the commission finds substitute energy service is reasonably available; the commission also sets guidelines and may approve recovery of undepreciated costs.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 451.9. (a) Notwithstanding Section 451, a gas corporation may cease providing service in an area within its service territory where a pilot project has been implemented pursuant to Section 663 if the commission determines that adequate substitute energy service is reasonably available to support the energy end uses of affected gas corporation customers. (b) (1) In determining what constitutes adequate substitute energy service and when the substitute energy service is reasonably available, the commission shall adopt guidelines necessary to ensure that the rates for substitute energy service are just and reasonable as provided by a load-serving entity as the provider of last resort pursuant to Section 387. (2) The commission may authorize a gas corporation to recover the undepreciated costs of any gas plant or asset, including the cost to retire the gas plant or asset that will no longer be used and useful. The commission shall determine the just and reasonable recovery of undepreciated costs, including the period over which the undepreciated costs are recovered so as to minimize impacts to remaining gas distribution system customers. (c) This section does not modify the authority of the commission to determine adequate, efficient, just, and reasonable service. (d) (1) Except as provided in paragraph (2) or (3), this section shall remain in effect only until January 1, 2031, and as of that date is repealed. (2) Paragraph (1) does not affect the termination of a gas corporation’s obligation to provide service that is authorized under this section on or before January 1, 2031. (3) Paragraph (1) does not affect the authority of the commission under this section to relieve a gas corporation of its obligation to provide service within the approved boundary of a pilot project approved pursuant to Section 663 that is pending as of January 1, 2031. (Added by Stats. 2024, Ch. 602, Sec. 2. (SB 1221) Effective January 1, 2025. Conditionally repealed as of January 1, 2031, by its own provisions.)
  47. 452.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Common carriers may charge lower-than-maximum reasonable property rates when commerce or the public interest requires, but they may not do so to match competitors’ charges unless the commission requires a showing and finds the rate is justified by transportation 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 452. Nothing in this part shall be construed to prohibit any common carrier from establishing and charging a lower than a maximum reasonable rate for the transportation of property when the needs of commerce or public interest require. However, no common carrier subject to the jurisdiction of the commission may establish a rate less than a maximum reasonable rate for the transportation of property for the purpose of meeting the competitive charges of other carriers or the cost of other means of transportation which is less than the charges of competing carriers or the cost of transportation which might be incurred through other means of transportation, except upon such showing as is required by the commission and a finding by it that the rate is justified by transportation conditions. In determining the extent of such competition the commission shall make due and reasonable allowance for added or accessorial service performed by one carrier or agency of transportation which is not contemporaneously performed by the competing agency of transportation. (Enacted by Stats. 1951, Ch. 764.)
  48. 453.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Public utilities must not give preferences, impose unfair disadvantages, charge discriminatory rates or deposit amounts, maintain unreasonable differences in service or rates, or include political advocacy material with customer bills.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 453. (a) No public utility shall, as to rates, charges, service, facilities, or in any other respect, make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage. (b) No public utility shall prejudice, disadvantage, or require different rates or deposit amounts from a person because of ancestry, medical condition, marital status or change in marital status, occupation, or any characteristic listed or defined in Section 11135 of the Government Code. A person who has exhausted all administrative remedies with the commission may institute a suit for injunctive relief and reasonable attorney’s fees in cases of an alleged violation of this subdivision. If successful in litigation, the prevailing party shall be awarded attorney’s fees. (c) No public utility shall establish or maintain any unreasonable difference as to rates, charges, service, facilities, or in any other respect, either as between localities or as between classes of service. (d) No public utility shall include with any bill for services or commodities furnished any customer or subscriber any advertising or literature designed or intended (1) to promote the passage or defeat of a measure appearing on the ballot at any election whether local, statewide, or national, (2) to promote or defeat any candidate for nomination or election to any public office, (3) to promote or defeat the appointment of any person to any administrative or executive position in federal, state, or local government, or (4) to promote or defeat any change in federal, state, or local legislation or regulations. (e) The commission may determine any question of fact arising under this section. (Amended by Stats. 2007, Ch. 568, Sec. 43. Effective January 1, 2008.)
  49. 453.5.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    When the commission orders rate refunds, it must require public utilities to distribute them to current customers, and when practicable to prior customers, on an equitable pro rata basis.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 453.5. Whenever the commission orders rate refunds to be distributed, the commission shall require public utilities to pay refunds to all current utility customers, and, when practicable, to prior customers, on an equitable pro rata basis without regard as to whether or not the customer is classifiable as a residential or commercial tenant, landlord, homeowner, business, industrial, educational, governmental, nonprofit, agricultural, or any other type of entity. For the purposes of this section, “equitable pro rata basis” shall mean in proportion to the amount originally paid for the utility service involved, or in proportion to the amount of such utility service actually received. Nothing in this section shall prevent the commission from authorizing refunds to residential and other small customers to be based on current usage. (Added by Stats. 1977, Ch. 897.)
  50. 454.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Public utilities generally cannot change rates without commission approval, and affected customers must be notified in specified cases.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454. (a) Except as provided in Section 455, a public utility shall not change any rate or so alter any classification, contract, practice, or rule as to result in any new rate, except upon a showing before the commission and a finding by the commission that the new rate is justified. Whenever any electrical, gas, heat, telephone, water, or sewer system corporation files an application to change any rate, other than a change reflecting and passing through to customers only new costs to the corporation which do not result in changes in revenue allocation, for the services or commodities furnished by it, the corporation shall furnish to its customers affected by the proposed rate change notice of its application to the commission for approval of the new rate. This notice requirement does not apply to any rate change proposed by a corporation pursuant to an advice letter submitted to the commission in accordance with commission procedures for this means of submission. The procedures for advice letters may include provision for notice to customers or subscribers on a case-by-case basis, as determined by the commission. The corporation may include the notice with the regular bill for charges transmitted to the customers within 45 days if the corporation operates on a 30-day billing cycle, or within 75 days if the corporation operates on a 60-day billing cycle. If more than one application to change any rate is filed within a single billing cycle, the corporation may combine the notices into a single notice if the applications are separately identified. The notice shall state the amount of the proposed rate change expressed in both dollar and percentage terms for the entire rate change as well as for each customer classification, a brief statement of the reasons the change is required or sought, and the mailing, and if available, the email address of the commission to which any customer inquiries may be directed regarding how to participate in, or receive further notices regarding the date, time, or place of, any hearing on the application, and the mailing address of the corporation to which any customer inquiries relative to the proposed rate change may be directed. (b) For a water corporation with more than 2,000 service connections, the notice required in subdivision (a) shall include estimated rate impacts on the various customer classes of the corporation. The commission may require the corporation to inform customers in a separate letter or through a bill insert, at the corporation’s discretion, of the outcome of the general rate case, within 60 days if the corporation operates on a 30-day billing cycle, or within 90 days if the corporation operates on a 60-day billing cycle, of the commission’s final decision, including the approved rates and the approved capital projects that will subsequently be executed by way of an advice letter. (c) The commission may adopt rules it considers reasonable and proper for each class of public utility providing for the nature of the showing required to be made in support of proposed rate changes, the form and manner of the presentation of the showing, with or without a hearing, and the procedure to be followed in the consideration thereof. Rules applicable to common carriers may provide for the publication and filing of any proposed rate change together with a written showing in support thereof, giving notice of the filing and showing in support thereof to the public, granting an opportunity for protests thereto, and to the consideration of, and action on, the showing and any protests filed thereto by the commission, with or without hearing. However, the proposed rate change does not become effective until it has been approved by the commission. (d) The commission shall permit individual public utility customers and subscribers affected by a proposed rate change, and organizations formed to represent their interests, to testify at any hearing on the proposed rate change, except that the presiding officer need not allow repetitive or irrelevant testimony and may conduct the hearing in an efficient manner. (Amended by Stats. 2012, Ch. 224, Sec. 2. (SB 1364) Effective January 1, 2013.)
  51. 454.1.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    An electrical corporation may discount noncommodity rates in certain competitive situations, but not below its distribution marginal cost, and it may recover the difference from other customers subject to commission allocation 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.1. (a) Except as provided in subdivision (b), if a customer with a maximum peak electrical demand in excess of 20 kilowatts located or planning to locate within the service territory of an electrical corporation receives a bona fide offer for electric service from an irrigation district at rates less than the electrical corporation’s tariffed rates, the electrical corporation may discount its noncommodity rates, but may not discount its noncommodity rates below its distribution marginal cost of serving that customer. For purposes of this subdivision, the costs of the electric commodity shall be excluded from both the irrigation district and electric corporation’s rates. The electrical corporation may recover any difference between its tariffed and discounted service from its remaining customers, allocated as determined by the commission. However, the reallocation may not increase rates to its remaining customers by any greater amount than the rates would be increased if the customer had taken electric distribution service from the irrigation district and the irrigation district had paid the charge established in subdivision (e) of Section 9607. Further, there shall be a firewall preventing the reallocation of such differences resulting from discounting to residential customers or to commercial customers with maximum peak demands not in excess of 20 kilowatts. (b) Subdivision (a) does not apply to a cumulative 75 megawatts of load served by the Merced Irrigation District, determined as follows: (1) The load is located within the boundaries of Merced Irrigation District, as those boundaries existed on December 20, 1995, together with the territory of Castle Air Force Base which was located outside the district on that date. (2) For purposes of this section, a megawatt of load shall be calculated in accordance with the methodology established by the Energy Commission in its Docket No. 96-IRR-1890. (c) Subdivision (a) applies to the load of customers that move to the areas described in paragraph (1) of subdivision (b) after December 31, 2000, and such load shall be excluded from the calculation of the 75 megawatts in subdivision (b). (d) If an electrical corporation seeks to apply the discounts permitted under subdivision (a) within the geographic area described in subdivision (b) of Section 9610, the electrical corporation’s resulting rate for distribution service may not be less than 120 percent of the electrical corporation’s marginal distribution cost of serving that customer. (Amended by Stats. 2016, Ch. 842, Sec. 12. (SB 1222) Effective January 1, 2017.)
  52. 454.2.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission may create a zone of rate freedom for certain competing passenger stage transportation services, and may suspend rate adjustments and start proceedings.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.2. Notwithstanding Section 454, the commission may establish a “zone of rate freedom” for any passenger stage transportation service which is operating in competition with other passenger transportation service from any means of transportation, if the competition together with the authorized zone of rate freedom will result in reasonable rates and charges for the passenger stage transportation service. An adjustment in rates or charges within a zone of rate freedom established by the commission is hereby deemed just and reasonable. The commission may, upon protest or on its own motion, suspend any adjustment in rates or charges under this section and institute proceedings under its rules of practice and procedure. (Amended by Stats. 1999, Ch. 1005, Sec. 12. Effective January 1, 2000.)
  53. 454.3.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission may approve a 0.5% to 1% increase in the allowed rate of return for an electrical corporation’s electric plant investment if the investment is in a qualifying facility and the hearing requirement is 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.3. The commission may, after a hearing, approve an increase of from one-half of 1 percent to 1 percent in the rate of return otherwise allowed an electrical corporation on its electric plant for investment by the corporation in facilities meeting one of the following requirements: (a) The facility is designed to generate electricity from a renewable resource, including, but not limited to, solar energy, geothermal steam, wind, and hydroelectric power at new or existing dams; the facility is subject to Resources Agency review of its environmental impacts and determination that the facility is environmentally acceptable; its capital costs, when added to its costs of operation and maintenance, result in a cost of electricity generated over the useful life of the facility less than that of electricity generated by existing facilities utilizing nuclear power or fossil fuel; and the facility is used and useful. (b) The facility is capable of meeting the then applicable environmental pollution standards; its capital costs, when added to its costs of operation and maintenance, result in a cost of electricity generated over the useful life of the facility less than that of electricity generated by existing facilities utilizing nuclear power or fossil fuel; and the facility is used and useful. (c) The facility is experimental and is, in the determination of the commission, reasonably designed to improve or perfect technology for the generation of electricity from renewable resources or to more efficiently utilize other resources in a manner which will decrease environmental pollution from and lower the costs of the electricity generated. (Added by Stats. 1988, Ch. 108, Sec. 2.)
  54. 454.4.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must set gas rates for cogeneration projects at no more than the rate for gas used as fuel by an electric plant, subject to a quantity limit based on the lower applicable gas amount.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.4. The commission shall establish rates for gas which is utilized in cogeneration technology projects not higher than the rates established for gas utilized as a fuel by an electric plant in the generation of electricity, except that this rate shall apply only to that quantity of gas which an electrical corporation serving the area where a cogeneration technology project is located, or an equivalent area, would require in the generation of an equivalent amount of electricity based on the corporation’s average annual incremental heat rate and reasonable transmission losses or that quantity of gas actually consumed by the cogeneration technology project in the sequential production of electricity and steam, heat, or useful work, whichever is the lower quantity. (Added by Stats. 1984, Ch. 840, Sec. 1.)
  55. 454.5.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission and electrical corporations must follow a detailed procurement-plan process, including filing deadlines, plan contents, review, confidentiality, and certain rate-recovery 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.5. (a) The commission shall specify the allocation of electricity, including quantity, characteristics, and duration of electricity delivery, that the Department of Water Resources shall provide under its power purchase agreements to the customers of each electrical corporation, which shall be reflected in the electrical corporation’s proposed procurement plan. Each electrical corporation shall file a proposed procurement plan with the commission not later than 60 days after the commission specifies the allocation of electricity. The proposed procurement plan shall specify the date that the electrical corporation intends to resume procurement of electricity for its retail customers, consistent with its obligation to serve. After the commission’s adoption of a procurement plan, the commission shall allow not less than 60 days before the electrical corporation resumes procurement pursuant to this section. (b) An electrical corporation’s proposed procurement plan shall include, but not be limited to, all of the following: (1) An assessment of the price risk associated with the electrical corporation’s portfolio, including any utility-retained generation, existing power purchase and exchange contracts, and proposed contracts or purchases under which an electrical corporation will procure electricity, electricity demand reductions, and electricity-related products and the remaining open position to be served by spot market transactions. (2) A definition of each electricity product, electricity-related product, and procurement-related financial product, including support and justification for the product type and amount to be procured under the plan. (3) The duration of the plan. (4) The duration, timing, and range of quantities of each product to be procured. (5) A competitive procurement process under which the electrical corporation may request bids for procurement-related services, including the format and criteria of that procurement process. (6) An incentive mechanism, if any incentive mechanism is proposed, including the type of transactions to be covered by that mechanism, their respective procurement benchmarks, and other parameters needed to determine the sharing of risks and benefits. (7) The upfront standards and criteria by which the acceptability and eligibility for rate recovery of a proposed procurement transaction will be known by the electrical corporation before execution of the transaction. This shall include an expedited approval process for the commission’s review of proposed contracts and subsequent approval or rejection of a contract. The electrical corporation shall propose alternative procurement choices in the event a contract is rejected. (8) Procedures for updating the procurement plan. (9) A showing that the procurement plan will achieve the following: (A) The electrical corporation, in order to fulfill its unmet resource needs, shall procure resources from eligible renewable energy resources in an amount sufficient to meet its procurement requirements pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3). (B) The electrical corporation shall create or maintain a diversified procurement portfolio consisting of both short-term and long-term electricity and electricity-related and demand reduction products. (C) (i) The electrical corporation shall first meet its unmet resource needs through all available energy efficiency and demand reduction resources that are cost effective, reliable, and feasible. (ii) In determining the availability of cost-effective, reliable, and feasible demand reduction resources, the commission shall consider the findings regarding technically and economically achievable demand reduction in the Demand Response Potential Study required pursuant to Commission Order D.14-12-024, to the extent those findings are not superseded by other demand reduction studies conducted by academic institutions or government agencies, and to the extent that any demand reduction is consistent with commission policy. (D) (i) The electrical corporation, in soliciting bids for new gas-fired generating units, shall actively seek bids for resources that are not gas-fired generating units located in communities that suffer from cumulative pollution burdens, including, but not limited to, high emission levels of toxic air contaminants, criteria air pollutants, and greenhouse gases. (ii) In considering bids for, or negotiating contracts for, new gas-fired generating units, the electrical corporation shall provide greater preference to resources that are not gas-fired generating units located in communities that suffer from cumulative pollution burdens, including, but not limited to, high emission levels of toxic air contaminants, criteria air pollutants, and greenhouse gases. (iii) This subparagraph does not apply to contracts signed by an electrical corporation and approved by the commission before January 1, 2017. (10) The electrical corporation’s risk management policy, strategy, and practices, including specific measures of price stability. (11) A plan to achieve appropriate increases in diversity of ownership and diversity of fuel supply of nonutility electrical generation. (12) A mechanism for recovery of reasonable administrative costs related to procurement in the generation component of rates. (c) The commission shall review and accept, modify, or reject each electrical corporation’s procurement plan and any amendments or updates to the plan. The commission shall ensure that the plan contains the elements required by this section, including the elements described in subparagraphs (C) and (D) of paragraph (9) of subdivision (b). The commission’s review shall consider each electrical corporation’s individual procurement situation, and shall give strong consideration to that situation in determining which one or more of the features set forth in this subdivision shall apply to that electrical corporation. A procurement plan approved by the commission shall contain one or more of the following features, provided that the commission may not approve a feature or mechanism for an electrical corporation if it finds that the feature or mechanism would impair the restoration of an electrical corporation’s creditworthiness or would lead to a deterioration of an electrical corporation’s creditworthiness: (1) A competitive procurement process under which the electrical corporation may request bids for procurement-related services. The commission shall specify the format of that procurement process, as well as criteria to ensure that the auction process is open and adequately subscribed. Any purchases made in compliance with the commission-authorized process shall be recovered in the generation component of rates. (2) An incentive mechanism that establishes a procurement benchmark or benchmarks and authorizes the electrical corporation to procure from the market, subject to comparing the electrical corporation’s performance to the commission-authorized benchmark or benchmarks. The incentive mechanism shall be clear, achievable, and contain quantifiable objectives and standards. The incentive mechanism shall contain balanced risk and reward incentives that limit the risk and reward of an electrical corporation. (3) Upfront achievable standards and criteria by which the acceptability and eligibility for rate recovery of a proposed procurement transaction will be known by the electrical corporation before the execution of the bilateral contract for the transaction. The commission shall provide for expedited review and either approve or reject the individual contracts submitted by the electrical corporation to ensure compliance with its procurement plan. To the extent the commission rejects a proposed contract pursuant to this criteria, the commission shall designate alternative procurement choices obtained in the procurement plan that will be recoverable for ratemaking purposes. (d) A procurement plan approved by the commission shall accomplish each of the following objectives: (1) Enable the electrical corporation to fulfill its obligation to serve its customers at just and reasonable rates. (2) Eliminate the need for after-the-fact reasonableness reviews of an electrical corporation’s actions in compliance with an approved procurement plan, including resulting electricity procurement contracts, practices, and related expenses. However, the commission may establish a regulatory process to verify and ensure that each contract was administered in accordance with the terms of the contract, and contract disputes that may arise are reasonably resolved. (3) Ensure timely recovery of prospective procurement costs incurred pursuant to an approved procurement plan. The commission shall establish rates based on forecasts of procurement costs adopted by the commission, actual procurement costs incurred, or a combination thereof, as determined by the commission. The commission shall establish power procurement balancing accounts to track the differences between recorded revenues and costs incurred pursuant to an approved procurement plan. The commission shall review the power procurement balancing accounts, not less than semiannually, and shall adjust rates or order refunds, as necessary, to promptly amortize a balancing account, according to a schedule determined by the commission. Until January 1, 2006, the commission shall ensure that any overcollection or undercollection in the power procurement balancing account does not exceed 5 percent of the electrical corporation’s actual recorded generation revenues for the prior calendar year excluding revenues collected for the Department of Water Resources. The commission shall determine the schedule for amortizing the overcollection or undercollection in the balancing account to ensure that the 5-percent threshold is not exceeded. After January 1, 2006, this adjustment shall occur when deemed appropriate by the commission consistent with the objectives of this section. (4) Moderate the price risk associated with serving its retail customers, including the price risk embedded in its long-term supply contracts, by authorizing an electrical corporation to enter into financial and other electricity-related product contracts. (5) Provide for just and reasonable rates, with an appropriate balancing of price stability and price level in the electrical corporation’s procurement plan. (e) The commission shall provide for the periodic review and prospective modification of an electrical corporation’s procurement plan. (f) The commission may engage an independent consultant or advisory service to evaluate risk management and strategy. The reasonable cost of any consultant or advisory service is a reimbursable expense and eligible for funding pursuant to Section 631. (g) The commission shall adopt appropriate procedures to ensure the confidentiality of any market sensitive information submitted in an electrical corporation’s proposed procurement plan or resulting from or related to its approved procurement plan, including, but not limited to, proposed or executed power purchase agreements, data request responses, or consultant reports, or any combination of these, provided that the Public Advocate’s Office of the Public Utilities Commission and other consumer groups that are nonmarket participants shall be provided access to this information under confidentiality procedures authorized by the commission. (h) This section does not alter, modify, or amend the commission’s oversight of affiliate transactions under its rules and decisions or the commission’s existing authority to investigate and penalize an electrical corporation’s alleged fraudulent activities, or to disallow costs incurred as a result of gross incompetence, fraud, abuse, or similar grounds. This section does not expand, modify, or limit the Energy Commission’s existing authority and responsibilities as set forth in Sections 25216, 25216.5, and 25323 of the Public Resources Code. (i) An electrical corporation that serves less than 500,000 electric retail customers within the state may file with the commission a request for exemption from this section, which the commission shall grant upon a showing of good cause. (j) (1) Before its approval pursuant to Section 851 of any divestiture of generation assets owned by an electrical corporation on or after September 24, 2002, the commission shall determine the impact of the proposed divestiture on the electrical corporation’s procurement rates and shall approve a divestiture only to the extent it finds, taking into account the effect of the divestiture on procurement rates, that the divestiture is in the public interest and will result in net ratepayer benefits. (2) Any electrical corporation’s procurement necessitated as a result of the divestiture of generation assets on or after September 24, 2002, shall be subject to the mechanisms and procedures set forth in this section only if its actual cost is less than the recent historical cost of the divested generation assets. (3) Notwithstanding paragraph (2), the commission may deem proposed procurement eligible to use the procedures in this section upon its approval of asset divestiture pursuant to Section 851. (k) The commission shall direct electrical corporations to include in their proposed procurement plans the integration costs described and determined pursuant to clause (v) of subparagraph (A) of paragraph (5) of subdivision (a) of Section 399.13. (l) Before approving an electrical corporation’s contract for any new gas-fired generating unit, the commission shall require the electrical corporation to demonstrate compliance with its approved procurement plan. (Amended by Stats. 2020, Ch. 370, Sec. 250. (SB 1371) Effective January 1, 2021.)
  56. 454.51.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must identify a resource portfolio, direct utilities’ procurement planning, allow community choice aggregator proposals, and allocate certain costs to the entity that failed to perform.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.51. The commission shall do all of the following: (a) Identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy and resource diversity in a cost-effective manner. The portfolio shall be used by the commission to establish integrated resource planning-based procurement requirements that rely on zero-carbon-emitting resources to the maximum extent reasonable and be designed to achieve the state policy specified in Section 454.53 and 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) or any successor legislation. (b) Direct each electrical corporation to include, as part of its proposed procurement plan, a strategy for procuring best-fit and least-cost resources to satisfy the portfolio needs identified by the commission pursuant to subdivision (a). (c) Ensure that the net costs of any incremental renewable energy integration resources or diverse resources, procured by an electrical corporation to satisfy the need identified in subdivision (a) are allocated on a fully nonbypassable basis consistent with the treatment of costs identified in paragraph (2) of subdivision (c) of Section 365.1. (d) Permit community choice aggregators to submit proposals for satisfying their portion of the renewable integration and diverse resources need identified in subdivision (a). If the commission finds this need is best met through long-term procurement commitments for resources, community choice aggregators shall also be required to make long-term commitments for resources. The commission shall approve proposals pursuant to this subdivision if it finds all of the following: (1) The resources proposed by a community choice aggregator will provide equivalent integration of renewable energy. (2) The resources proposed by a community choice aggregator will promote the efficient achievement of state energy policy objectives, including reductions in greenhouse gas emissions. (3) Bundled customers of an electrical corporation will be indifferent from the approval of the community choice aggregator proposals. (e) Ensure that all costs resulting from nonperformance to satisfy the need identified in subdivision (a) or (d), as applicable, shall be borne by the load-serving entity, as defined in Section 380, that failed to perform. (Amended by Stats. 2023, Ch. 367, Sec. 7. (AB 1373) Effective October 7, 2023.)
  57. 454.52.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must set up and manage integrated resource planning for load-serving entities, and load-serving entities must file plans that meet specified reliability, renewable, and cost goals.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.52. (a) (1) Beginning in 2017, and to be updated regularly thereafter, the commission shall adopt a process for each load-serving entity to file an integrated resource plan, and a schedule for periodic updates to the plan, and shall ensure that load-serving entities do all of the following: (A) Meet the greenhouse gas emissions reduction targets established by the State Air Resources Board, in coordination with the commission and the Energy Commission, for the electricity sector and each load-serving entity that reflect the electricity sector’s percentage in achieving the economywide greenhouse gas emissions reductions pursuant to Section 38566 of the Health and Safety Code. (B) Procure at least 60 percent eligible renewable energy resources by December 31, 2030, consistent with the state policy specified in Section 454.53 and Article 16 (commencing with Section 399.11) of Chapter 2.3. (C) Enable each electrical corporation to fulfill its obligation to serve its customers at just and reasonable rates. (D) Minimize impacts on ratepayers’ bills. (E) (i) Ensure system and local reliability on a short-term, midterm, and long-term basis, including meeting the short-term and forecast long-term resource adequacy requirements of Section 380, and require sufficient, predictable resource procurement and development to avoid unplanned energy supply shortfalls by taking into account impacts due to climate change, forecasted levels of building and transportation electrification, and other factors that can result in those shortfalls. (ii) In furtherance of avoiding unplanned energy supply shortfalls or expensive emergency procurement and ensuring a more accurate understanding of electrical grid operational needs, the commission shall aggregate reported short-term and midterm resource procurement from all load-serving entities conducted under Section 380 or this section and assess midterm resource sufficiency, and annually provide anonymized reports to the Independent System Operator. The commission shall report forward resource procurement using counting conventions that provide the data to the Independent System Operator to be used in its grid planning. (iii) To accomplish clause (i), the commission shall, as part of the integrated planning process, assess short-term, midterm, and long-term reliability by conducting probabilistic reliability modeling, including if there is sufficient capacity available for procurement in the short term and midterm by all load-serving entities to meet their procurement requirements. The commission shall review the results of that reliability modeling in a public proceeding at the same frequency as the forecast conducted in accordance with this section. When modeling short-term and midterm reliability, the commission shall model all procurement consistent with clause (ii) and may rely upon or incorporate probabilistic reliability modeling conducted by the Energy Commission into the commission’s public process. The commission shall also report the modeling results in the joint Reliability Planning Assessments conducted under Section 25233 of the Public Resources Code. (F) Comply with paragraph (1) of subdivision (b) of Section 399.13. (G) Strengthen the diversity, sustainability, and resilience of the bulk transmission and distribution systems, and local communities. (H) Enhance distribution systems and demand-side energy management. (I) Minimize localized air pollutants and other greenhouse gas emissions, with early priority on disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code. (J) Maintain a diverse portfolio of energy resources, which may include eligible energy resources procured by the Department of Water Resources. (2) (A) The commission may authorize all source procurement for load-serving entities that includes various resource types including demand-side resources, supply-side resources, and resources that may be either demand-side resources or supply-side resources, taking into account the differing load-serving entities’ geographic service areas, to ensure that each load-serving entity meets the goals set forth in paragraph (1). (B) The commission may approve procurement of resource types that will reduce the overall emissions of greenhouse gases from the electricity sector and meet the other goals specified in paragraph (1), but due to the nature of the technology or fuel source may not compete favorably in price against other resources over the time period of the integrated resource plan. (3) In furtherance of the requirements of paragraph (1), the commission shall consider the role of existing renewable generation, grid operational efficiencies, energy storage, and distributed energy resources, including energy efficiency, in helping to ensure each load-serving entity meets energy needs and reliability needs in hours to encompass the hour of peak demand of electricity, excluding demand met by variable renewable generation directly connected to a California balancing authority, as defined in Section 399.12, while reducing the need for new electricity generation resources and new transmission resources in achieving the state’s energy goals at the least cost to ratepayers. (4) (A) On or before September 1, 2024, and consistent with the process and schedule adopted pursuant to paragraph (1), the commission, in consultation with the Energy Commission and the Independent System Operator, shall determine if there is a need for the procurement of eligible energy resources based on a review of the integrated resource plans submitted by load-serving entities in compliance with the requirements of this section and Section 454.53 and the progress towards meeting the portfolio of resources identified pursuant to subdivision (a) of Section 454.51. (B) If the commission determines that there is a need for the procurement of eligible energy resources, the commission shall specify the eligible energy resources that should be procured to meet that need. (C) Within six months of determining that there is a need for the procurement of eligible energy resources, the commission may request the Department of Water Resources to exercise its central procurement function to procure those eligible energy resources specified pursuant to subparagraph (B) that meet the portfolio of resources identified in subdivision (a) of Section 454.51. (D) (i) Upon receiving a request pursuant to subparagraph (C), the Department of Water Resources, before January 1, 2035, may exercise its central procurement function to conduct one or more competitive solicitations and enter into contracts to procure eligible energy resources in order to achieve the policy of the state specified in Section 454.53. (ii) Any contract entered into by the Department of Water Resources pursuant to clause (i) and approved by the commission pursuant to Section 80821 of the Water Code before January 1, 2035, shall remain in force for the duration of the contract. (E) The Department of Water Resources’ exercising of its central procurement function to procure eligible energy resources pursuant to this paragraph shall be conducted in accordance with Division 29.5 (commencing with Section 80800) of the Water Code. (b) (1) Each load-serving entity shall prepare and file an integrated resource plan consistent with paragraph (2) of subdivision (a) on a time schedule directed by the commission and subject to commission review. (2) Each electrical corporation’s plan shall follow Section 454.5. (3) The plan of a community choice aggregator shall be submitted to its governing board for approval and provided to the commission for certification, consistent with paragraph (5) of subdivision (a) of Section 366.2, and shall achieve all of the following: (A) Economic, reliability, environmental, security, and other benefits and performance characteristics that are consistent with the goals set forth in paragraph (1) of subdivision (a). (B) A diversified procurement portfolio consisting of short-term, midterm, and long-term electricity, electricity-related, and demand reduction products. (C) The resource adequacy requirements established pursuant to Section 380. (4) The plan of an electric service provider shall achieve the goals set forth in paragraph (1) of subdivision (a) through a diversified portfolio consisting of short-term, midterm, and long-term electricity, electricity-related, and demand reduction products. (c) To the extent that additional procurement is authorized for the electrical corporation in the integrated resource plan or the procurement process authorized pursuant to Section 454.5, the commission shall ensure that the costs are allocated in a fair and equitable manner to all customers consistent with Section 454.51, that there is no cost shifting among customers of load-serving entities, and that community choice aggregators may self-provide renewable integration resources consistent with Section 454.51. The commission may order the procurement of resources with specific attributes by load-serving entities as a result of the integrated resource planning process and shall enforce any resource procurement requirements on a nondiscriminatory basis. Enforcement may include the assessment of penalties for noncompliance. (d) To eliminate redundancy and increase efficiency, the process adopted pursuant to subdivision (a) shall incorporate, and not duplicate, any other planning processes of the commission. (e) This section applies to an electrical cooperative, as defined in Section 2776, only if the electrical cooperative has an annual electrical demand exceeding 700 gigawatthours, as determined based on a three-year average commencing with January 1, 2013. (f) (1) The commission shall not include the energy, capacity, or any attribute from Diablo Canyon Unit 1 beyond November 1, 2024, or Unit 2 beyond August 26, 2025, in the adopted integrated resource plan portfolios, resource stacks, or preferred system plans. (2) The commission shall disallow a load-serving entity from including in their adopted integrated resource plan any energy, capacity, or any attribute from the Diablo Canyon Unit 1 beyond November 1, 2024, or Unit 2 beyond August 26, 2025. (g) For a thermal powerplant that uses nuclear fission technology not constructed in the twenty-first century, all resource attributes shall be retired on January 1, 2031, and shall be reported as a separate, line item resource for purposes of complying with Section 398.4. (h) (1) Only a new energy resource that meets all of the following requirements is eligible to be procured by the Department of Water Resources pursuant to this section: (A) The resource directly supports attainment of the goals specified in Section 454.53 without increasing the state’s dependence on any fossil fuel-based resources. (B) The resource is determined by the commission to not be under contract at sufficient levels as shown in load-serving entities’ most recent individual integrated resource plans submitted to and reviewed by the commission pursuant to this section to achieve the goals specified in Section 454.53. (C) The resource has a construction and development lead time of at least five years. (D) The resource does not generate electricity using fossil fuels or fuels derived from fossil fuels. (E) The resource does not use combustion to generate electricity, unless that combustion use is ancillary and necessary to facilitate geothermal electricity generation. (2) Resources from a pump hydroelectric facility may be procured by the Department of Water Resources pursuant to this section if the pump hydroelectric facility does not exceed 500 megawatts and has been directly appropriated funding by the state before January 1, 2023. (i) For purposes of this section, the following definitions apply: (1) “Load-serving entity” has the same meaning as defined in Section 380. (2) “Long term” means a time period that includes five or more years in the future. (3) “Midterm” means a time period between two and five years in the future. (4) “Short term” means a time period between the present and two years in the future. (Amended by Stats. 2024, Ch. 713, Sec. 5. (AB 2368) Effective January 1, 2025.)
  58. 454.53.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This section sets California electricity policy targets for renewable and zero-carbon resources and directs state agencies to plan and act consistently with them.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.53. (a) It is the policy of the state that eligible renewable energy resources and zero-carbon resources supply 90 percent of all retail sales of electricity to California end-use customers by December 31, 2035, 95 percent of all retail sales of electricity to California end-use customers by December 31, 2040, 100 percent of all retail sales of electricity to California end-use customers by December 31, 2045, and 100 percent of electricity procured to serve all state agencies by December 31, 2035. The achievement of this policy for California shall not increase carbon emissions elsewhere in the western grid and shall not allow resource shuffling. The commission and Energy Commission, in consultation with the State Air Resources Board, shall take steps to ensure that a transition to a zero-carbon electric system for the State of California does not cause or contribute to greenhouse gas emissions increases elsewhere in the western grid, and is undertaken in a manner consistent with clause 3 of Section 8 of Article I of the United States Constitution. The commission, the Energy Commission, the State Air Resources Board, and all other state agencies shall incorporate this policy into all relevant planning. (b) The commission, Energy Commission, State Air Resources Board, and all other state agencies shall ensure that actions taken in furtherance of subdivision (a) do all of the following: (1) Maintain and protect the safety, reliable operation, and balancing of the electric system. (2) Prevent unreasonable impacts to electricity, gas, and water customer rates and bills resulting from implementation of this section, taking into full consideration the economic and environmental costs and benefits of renewable energy and zero-carbon resources. (3) To the extent feasible and authorized under law, lead to the adoption of policies and taking of actions in other sectors to obtain greenhouse gas emission reductions that ensure equity between other sectors and the electricity sector. (4) Not affect in any manner the rules and requirements for the oversight of, and enforcement against, retail sellers and local publicly owned utilities pursuant to the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3) and Sections 454.51, 454.52, 9621, and 9622. (5) Not consider the energy, capacity, or any attribute from the Diablo Canyon Unit 1 or Unit 2 powerplant after August 26, 2025, in achieving the policy described in subdivision (a). (c) This section does not affect a retail seller’s obligation to comply with the federal Public Utility Regulatory Policies Act of 1978 (16 U.S.C. Sec. 2601 et seq.). (d) The commission, Energy Commission, and State Air Resources Board shall use programs authorized under existing statutes to achieve the policy described in subdivision (a). (e) This section does not authorize the commission to establish any requirements on a nonmobile self-cogeneration or cogeneration facility that served onsite load, or that served load pursuant to an over-the-fence arrangement if that arrangement existed on or before December 20, 1995. (f) This section does not limit any entity, including local governments, from accelerating their achievement of the state’s electric sector decarbonization targets. (Amended by Stats. 2024, Ch. 353, Sec. 36. (AB 1533) Effective January 1, 2025.)
  59. 454.54.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Each load-serving entity must make its integrated resource plan contribute to a diverse, balanced, reliable, renewable-friendly, cost-effective resource portfolio that also meets greenhouse-gas reduction targets and avoids cost shifting.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.54. In addition to the requirements of Section 454.52, the integrated resource plan of each load-serving entity shall contribute to a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy resources in a cost-effective manner, meets the emissions reduction targets for greenhouse gases described in subparagraph (A) of paragraph (1) of subdivision (a) of Section 454.52, and prevents cost shifting among load-serving entities. (Added by Stats. 2017, Ch. 431, Sec. 1. (SB 618) Effective January 1, 2018.)
  60. 454.55.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must set electricity efficiency targets and review them, and electrical corporations must report progress toward those targets.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.55. (a) (1) The commission, in consultation with the Energy Commission, shall identify all potentially achievable cost-effective electricity efficiency savings and establish efficiency targets for an electrical corporation to achieve, pursuant to Section 454.5, consistent with the targets established pursuant to subdivision (c) of Section 25310 of the Public Resources Code. (2) By July 1, 2018, and every four years thereafter, each electrical corporation shall report on its progress toward achieving the targets established pursuant to paragraph (1). (b) (1) By December 31, 2023, the commission shall, in a new or existing proceeding, undertake a comprehensive review of the feasibility, costs, barriers, and benefits of achieving a cumulative doubling of energy efficiency savings and demand reduction by 2030 pursuant to subdivision (c) of Section 25310 of the Public Resources Code. (2) Notwithstanding subdivision (c) of Section 25310 of the Public Resources Code, if the commission concludes the targets established for electrical corporations to achieve pursuant to subdivision (a) are not cost effective, feasible, or pose potential adverse impacts to public health and safety, the commission shall revise the targets to the level that optimizes the amount of energy efficiency savings and demand reduction and shall modify, revise, or update its policies as needed to address barriers preventing achievement of those targets. (c) The commission shall ensure that there are sufficient moneys available to electrical corporations to meet the efficiency targets established pursuant to subdivision (a). This subdivision shall not be construed to authorize the commission to impose or increase any tax. (Amended by Stats. 2017, Ch. 561, Sec. 212. (AB 1516) Effective January 1, 2018.)
  61. 454.56.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must set gas-efficiency targets, and gas corporations must use cost-effective efficiency and demand-reduction resources first, report progress every four years, and the commission must adjust targets and policies if the targets are not workable.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.56. (a) The commission, in consultation with the Energy Commission, shall identify all potentially achievable cost-effective natural gas efficiency savings and establish efficiency targets for the gas corporation to achieve, consistent with the targets established pursuant to subdivision (c) of Section 25310 of the Public Resources Code. (b) A gas corporation shall first meet its unmet resource needs through all available natural gas efficiency and demand reduction resources that are cost effective, reliable, and feasible. (c) By July 1, 2018, and every four years thereafter, each gas corporation shall report on its progress toward achieving the targets established pursuant to subdivision (a). (d) Notwithstanding subdivision (c) of Section 25310 of the Public Resources Code, if the commission concludes in its review pursuant to paragraph (1) of subdivision (b) of Section 454.55 that the targets established for gas corporations to achieve pursuant to subdivision (a) are not cost effective, feasible, or pose potential adverse impacts to public health and safety, the commission shall revise the targets to the level that maximizes the amount of energy efficiency savings and demand reduction and shall modify, revise, or update its policies as needed to address barriers preventing achievement of those targets. (e) The commission shall ensure that there are sufficient moneys available to gas corporations to meet the efficiency targets established pursuant to subdivision (a). This subdivision shall not be construed to authorize the commission to impose or increase any tax. (Amended by Stats. 2016, Ch. 842, Sec. 14.5. (SB 1222) Effective January 1, 2017.)
  62. 454.57.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This section sets policy and requires the commission to provide transmission planning guidance to the Independent System Operator.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.57. (a) This section shall be known, and may be cited, as the Accelerating Renewable Energy Delivery Act. (b) The Legislature finds and declares all of the following: (1) The commission, the Energy Commission, and the State Air Resources Board have jointly estimated that the state’s installed electric generation may need a threefold increase in capacity to meet state carbon-free electricity policy targets. (2) Record-setting renewable energy generation build rates are needed to meet the goals of the California Renewables Portfolio Standard Program and the Senate Bill 100 (Chapter 312 of the Statutes of 2018) target of supplying 100 percent of retail sales of electricity from renewable energy resources and zero-carbon resources. However, these build rates are not achievable without additional electrical transmission lines and facilities connecting new resources to consumers in the state’s load centers. (3) In recent years, California has seen problems in delivering renewable energy resources and zero-carbon resources to customers, including problems caused by constraints on the transmission system. First, there are generation pockets where the total potential output from renewable energy generation exceeds the capacity of the transmission system to export that energy. Second, there are load pockets where there is insufficient transmission capacity to import the renewable energy resources and zero-carbon resources that are available. Both types of constraints should be promptly fixed so that all available renewable energy resources and zero-carbon resources can be delivered to customers. (4) Reducing the use of nonpreferred resources in disadvantaged communities has been a priority for those communities, and they would benefit from increased access to electricity from new renewable energy resources and zero-carbon resources delivered to serve in-city loads. (5) New transmission facilities have many steps that must be accomplished before they are online and delivering electricity. Major new transmission lines can take more than a decade from initial planning to operation. (6) New transmission facilities should be planned proactively to support delivery to load centers from expected locations for future renewable energy resource and zero-carbon resource development, where those locations are identified in the integrated resource planning process pursuant to Sections 454.52 and 9621 or as part of longer range planning processes pursuant to Section 454.53. (7) New transmission facilities should be designed to minimize the risk of transmission-triggered wildfires. (8) New transmission facilities should be designed to facilitate renewable energy transmission across California to better manage the variability of electrical supply. (9) The Independent System Operator has issued a 20-Year Transmission Outlook that identifies substantial additional transmission projects needed to integrate renewable energy resources and storage for retail suppliers within the Independent System Operator balancing authority. Given the scale of this challenge, there is an urgent need to prioritize and accelerate the substantial effort needed to build transmission projects with long development times. (c) Recognizing that the Independent System Operator’s Federal Energy Regulatory Commission-approved tariff requires the Independent System Operator to plan and approve new transmission facilities needed to achieve the state’s goals, it is the intent of the Legislature that the Independent System Operator shall take notice of the state policies expressed in this section. (d) In support of the state’s policy to supply increasing amounts of electricity from renewable energy resources and zero-carbon resources pursuant to Article 16 (commencing with Section 399.11) and Section 454.53, beginning as soon as possible and not later than March 31, 2024, the commission, in consultation with the Energy Commission, shall provide transmission-focused guidance to the Independent System Operator about resource portfolios of expected future renewable energy resources and zero-carbon resources. The guidance shall include the allocation of those resources by region based on technical feasibility and commercial interest in each region to allow the Independent System Operator to identify and approve transmission facilities needed to interconnect resources and reliably serve the needs of load centers. (e) In providing the guidance described in subdivision (d), the commission and the Energy Commission shall provide projections each year, including from the integrated energy policy report prepared pursuant to Section 25302 of the Public Resources Code and the load-serving entities’ integrated resource plans prepared pursuant to Section 454.52, to support planning and approvals by the Independent System Operator in its annual transmission planning process, including by doing all of the following: (1) Providing projections of resource portfolios and electricity demand by region for at least 15 years into the future to ensure adequate lead time for the Independent System Operator to analyze and approve transmission development, and for the permitting and construction of the approved facilities, to meet the projections. (2) Providing load growth projections, including projected growth from building and transportation electrification, that are consistent with achieving the economywide greenhouse gas emissions reductions required pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code. (3) Providing projections of new renewable energy resources and zero-carbon resources consistent with the build rates necessary to achieve the targets established in Article 16 (commencing with Section 399.11) and Section 454.53. (4) (A) Providing resource projections that, combined with transmission capacity expansions, are expected to substantially reduce, no later than 2035, the need to rely on nonpreferred resources in local capacity areas. (B) The resource projections in subparagraph (A) shall include consideration of cost-effective and feasible alternatives to transmission capacity expansions, including the use of energy storage resources, renewable energy resources, or zero-carbon resources that are located within the local capacity areas. (5) Providing projections for offshore wind generation as identified by the SB 100 Joint Agency Report of the commission, the Energy Commission, and the State Air Resources Board, and informed by the strategic plan developed pursuant to Section 25991 of the Public Resources Code, to allow the Independent System Operator to identify and approve transmission facilities needed from offshore wind resource areas that would be sufficient to make offshore wind resources fully deliverable to load centers. (6) Providing projections for increases in imports of electricity into the state that reflect the expected development of renewable energy resources and zero-carbon resources in other parts of the Western Interconnection for the purpose of delivering clean energy to California balancing authorities. (f) On or before January 15, 2023, the commission shall request the Independent System Operator to do both of the following: (1) Identify, based as much as possible on studies completed before January 1, 2023, by the Independent System Operator and projections provided before January 1, 2023, by the commission and the Energy Commission, the highest priority transmission facilities that are needed to allow for increased transmission capacity into local capacity areas to deliver renewable energy resources or zero-carbon resources that are expected to be developed by 2035 into those areas. (2) Consider whether to approve transmission projects identified pursuant to paragraph (1) as part of its 2022–23 transmission planning process. (g) It is the policy of the state that new transmission facilities be built on a timely basis and in anticipation of new electrical generation that will be built to meet the state’s renewable energy resource and zero-carbon resource targets, with interim targets for transmission capacity additions that demonstrate adequate progress toward meeting these long-term transmission needs. The commission shall request that the Independent System Operator implement this policy by approving transmission projects needed based on a longer planning period supported by the guidance provided pursuant to subdivisions (d) and (e). The projects should be approved in time to be online when needed, considering permitting and construction lead times. (h) It is the policy of the state that planning for new transmission facilities considers the following goals: (1) Minimizing the risk of wildfire. (2) Increasing systemwide reliability and cost efficiency, including through the sharing of diverse electrical generation resources within California and with other parts of the Western Interconnection. (3) Eliminating transmission constraints that prevent electrical generation resources from delivering to the wider grid and that prevent importing energy into load pockets. (i) For purposes of this section, the following definitions apply: (1) “Local capacity area” means a transmission constrained load pocket, as identified by the Independent System Operator, where local generation capacity is needed for reliability due to insufficient transmission capacity into the load pocket to meet electricity demand with electricity from outside of the load pocket. (2) “Nonpreferred resources” means electrical generation resources that are not renewable energy resources or zero-carbon resources pursuant to Section 454.53. (Added by Stats. 2022, Ch. 358, Sec. 1. (SB 887) Effective January 1, 2023.)
  63. 454.58.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Transmission utilities must study grid-enhancing technologies and reconductoring options, share the study information with the Independent System Operator, and make the study public unless security information must be withheld.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.58. (a) The Legislature finds and declares all of the following: (1) California must dramatically increase the capacity of its electrical transmission and distribution systems to meet the goals of Section 454.53 and to decarbonize its economy. (2) The increase in transmission and distribution capacity must be done rapidly and cost effectively. (3) California transmission utilities and the Independent System Operator can jointly explore opportunities to advance technologies that may quickly and cost effectively increase transmission capacity. (4) Reconductoring existing transmission lines with advanced conductors and installing grid-enhancing technologies, such as advanced power flow control systems, dynamic line rating systems, and topology optimization software, can quickly and cost effectively increase transmission capacity. (5) The benefits of these technologies include lower electricity rates, less wildfire risk, increased reliability, less transmission line congestion, less curtailment of renewable generation resources, and increased capacity to interconnect new renewable generation, storage, and other zero-carbon resources. (6) Grid-enhancing technologies may expand and accelerate transmission capacity at a lower cost as compared to traditional transmission technologies. (7) Reconductoring existing transmission lines with advanced conductors in existing rights-of-way can be accomplished at a fraction of the cost of building new transmission lines and are therefore often quite cost effective. (8) Grid-enhancing technologies can be deployed within months and reconductoring with advanced conductors can be accomplished within one or two years. Other types of transmission capacity increases can take many years. (9) The current transmission planning process assesses the value of transmission investments based strictly on the needs of a single assumed planning scenario of specific resources and geographies over a 10-year planning horizon, and does not appropriately incorporate the value that increased transmission capacity can provide in reducing risks surrounding major technology and permitting uncertainties, expanding optionality for load-serving entities, and delivering benefits over a longer time horizon. (b) For purposes of this section, the following definitions apply: (1) “Grid-enhancing technologies” means hardware and software that increases the capacity of electrical lines and improves the efficiency, reliability, and safety of the grid. Grid-enhancing technologies include, but are not limited to, dynamic line rating systems, advanced power flow control systems, and topology optimization software. (2) “Reconductored with advanced conductors” means replacing the existing electric conductor with a conductor that has a direct current electrical resistance at least 10 percent lower than existing conductors of a similar diameter on the system and may include rebuilding support structures or other associated facilities. (3) “Transmission utility” means an electrical corporation that is a participating transmission owner that has turned over operation of its transmission system to the Independent System Operator. (c) (1) On or before January 1, 2026, and every two years thereafter, each transmission utility shall prepare a study of the feasibility of projects using grid-enhancing technologies to achieve one or more of the purposes listed in paragraph (2). The transmission utility shall provide information on feasibility, cost, rating, implementation time, and any other necessary information to the Independent System Operator at the same time as any other projects proposed to be part of the Independent System Operator’s annual transmission planning process. The transmission utility shall request the Independent System Operator to review the results of the study as part of its annual transmission planning process for economic, reliability, and policy goals, and shall request the Independent System Operator to include grid-enhancing technologies in all transmission planning studies and analyses. (2) The study shall be designed to identify projects using grid-enhancing technologies that can achieve one or more of the following: (A) Increase transmission capacity. (B) Reduce transmission system congestion. (C) Reduce curtailment of renewable and zero-carbon resources. (D) Increase reliability. (E) Reduce the risk of igniting wildfire, by means of investments that are consistent with the transmission utility’s approved wildfire mitigation plan. (F) Increase capacity to connect new renewable energy and zero-carbon resources. (G) Increase flexibility to reduce risks surrounding technology and permitting uncertainties in statewide electrical system planning and improve optionality for load-serving entities. (d) (1) On or before January 1, 2026, and at least every four years thereafter, each transmission utility shall prepare a study of which of its transmission lines can be reconductored with advanced conductors to achieve one or more of the purposes listed in paragraph (2). The transmission utility shall provide information on feasibility, cost, rating, implementation time, and any other necessary information to the Independent System Operator at the same time as any other projects proposed to be part of the Independent System Operator’s annual transmission planning process. Each transmission utility shall request that the Independent System Operator review the results of the study as part of its annual transmission planning process for economic, reliability, and policy goals, and shall request the Independent System Operator to include reconductoring with advanced technologies in all transmission planning studies and analyses. (2) The study shall identify electrical lines where reconductoring with advanced conductors can achieve one or more of the following: (A) Significantly increase transmission capacity. (B) Reduce transmission system congestion. (C) Reduce curtailment of renewable and zero-carbon resources. (D) Increase reliability. (E) Reduce the risk of igniting wildfire, where the investment is consistent with the transmission utility’s approved wildfire mitigation plan. (F) Increase capacity to connect new renewable energy and zero-carbon resources. (G) Reduce line losses. (H) Increase the ability to quickly energize new customers or serve increased customer load. (I) Increase flexibility to reduce risks surrounding technology and permitting uncertainties and improve optionality. (e) (1) Upon submitting the study to the Independent System Operator pursuant to subdivision (c) or (d) and except as provided in paragraph (2), each transmission utility shall make the study publicly available. (2) Information in the study that is determined by the Independent System Operator, in consultation with the transmission utilities, to be necessary to protect the security of the electrical transmission system shall be withheld from public disclosure. (f) Each electrical corporation operating a distribution system shall consider grid-enhancing technologies and reconductoring with advanced conductors as part of its annual distribution planning process. (g) This section does not affect the right of a transmission utility to implement self-approved projects. (h) This section does not affect any project previously approved by the Independent System Operator. (Added by Stats. 2024, Ch. 597, Sec. 1. (SB 1006) Effective January 1, 2025.)
  64. 454.59.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    State agencies must ensure that electricity procured on their behalf is supplied 100% by zero-carbon or eligible renewable resources by December 31, 2035, with some permitted ways to meet the requirement.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.59. (a) This section applies to the obligations on a state agency, except the State Water Resources Development System commonly known as the State Water Project, imposed pursuant to subdivision (a) of Section 454.53. (b) Each state agency shall ensure that zero-carbon resources and eligible renewable energy resources supply 100 percent of electricity procured on its behalf by December 31, 2035. (c) A state agency may satisfy the requirement in subdivision (b) by doing one or more of the following: (1) Installing zero-carbon resources or eligible renewable energy resources behind the customer meter on state-owned or state-leased buildings to serve the state agency’s onsite load. (2) Procuring zero-carbon resources or eligible renewable energy resources through the local publicly owned electric utility or load-serving entity, as defined in Section 380, providing retail service to the state agency, subject to any credit or collateral requirements or other applicable requirements imposed by the local publicly owned electric utility or load-serving entity, as defined in Section 380, as a condition for procurement on behalf of a customer. (3) Participating in a voluntary shared renewable or green pricing program offered by a local publicly owned electric utility or load-serving entity, as defined in Section 380, if the resources serving the state agency satisfy the requirements of subdivision (d). (d) New procurement commitments made on behalf of a state agency by its retail seller or local publicly owned electric utility after June 1, 2022, for zero-carbon resources or eligible renewable energy resources to serve the state agency pursuant to subdivision (c) shall satisfy all of the following criteria: (1) The zero-carbon resource or eligible renewable energy resource shall be newly developed as a result of contracting and reach initial commercial operations on or after January 1, 2023. (2) An eligible renewable energy resource or storage product shall be required to satisfy either of the criteria specified in paragraph (1) of subdivision (b) of Section 399.16. (3) The zero-carbon resource or eligible renewable energy resource shall be located within California. (4) The retail seller or local publicly owned electric utility shall require its contractors to use a multicraft project labor agreement, as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code, for construction of the zero-carbon resource or eligible renewable energy resource. The project labor agreement shall conform to the industry standard agreements recently used for other similar private projects, including side letters for high-voltage transmission and related work. (5) The retail seller or local publicly owned electric utility shall exclude the retail sales to a state agency customer from any compliance obligations relating to zero-carbon resources or eligible renewable resources, including, but not limited to, obligations pursuant to Section 399.25 or 399.30. (6) Any renewable energy credits or environmental attributes associated with incremental procurement pursuant to this section shall be retired on behalf of the state agency customer and shall not be further sold, transferred, or otherwise monetized for any purpose. (e) Zero-carbon resource or eligible renewable energy resource procurement commitments made on behalf of a state agency shall give preference to resource options expected to yield maximum long-term employment, stimulate new economic activity, generate local and state tax revenues, and assist with the development of new industries. (Added by Stats. 2022, Ch. 361, Sec. 5. (SB 1020) Effective January 1, 2023.)
  65. 454.6.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A qualifying contract for electricity from a replacement or repowering project may be recoverable in rates if the project meets the listed criteria.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.6. (a) A contract entered into pursuant to Section 454.5 by an electrical corporation for the electricity generated by a replacement or repowering project that meets the criteria specified in subdivision (b) shall be recoverable in rates, taking into account any collateral requirements and debt equivalence associated with the contract, in a manner determined by the commission to provide the best value to ratepayers. (b) To be eligible for rate treatment in accordance with subdivision (a), a contract shall be for a project which meets all of the following criteria: (1) The project is a replacement or repowering of an existing generation unit of a thermal powerplant. (2) The project complies with all applicable requirements of federal, state, and local laws. (3) The project will not require significant additional rights-of-way for electrical or fuel-related transmission facilities. (4) The project will result in significant and substantial increases in the efficiency of the production of electricity. (5) The Independent System Operator or local system operator certifies that the project is needed for local area reliability. (6) The project provides electricity to consumers of this state at the cost of generating that electricity, including a reasonable return on the investment and the costs of financing the project. (Added by Stats. 2005, Ch. 374, Sec. 2. Effective January 1, 2006.)
  66. 454.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must give cogeneration technology projects the highest possible priority when they buy natural gas, subject to federal law and Section 2771.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.7. The commission shall, to the extent permitted by federal law and consistent with Section 2771, provide cogeneration technology projects with the highest possible priority for the purchase of natural gas. (Added by Stats. 1979, Ch. 922.)
  67. 454.8.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    When setting rates for an electrical or gas corporation, the commission must consider a recovery method for certain new-construction costs that stays constant in real economic terms over the facilities’ useful life.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.8. In any decision establishing rates for an electrical or gas corporation reflecting the reasonable and prudent costs of the new construction of any addition to or extension of the corporation’s plant, when the commission has found and determined that the addition or extension is used and useful, the commission shall consider a method for the recovery of these costs which would be constant in real economic terms over the useful life of the facilities, so that ratepayers in a given year will not pay for the benefits received in other years. (Added by Stats. 1985, Ch. 926, Sec. 1.)
  68. 454.9.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must let public utilities create catastrophic event memorandum accounts and must hold expedited proceedings for cost-recovery applications tied to catastrophic events.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 454.9. (a) The commission shall authorize public utilities to establish catastrophic event memorandum accounts and to record in those accounts the costs of the following: (1) Restoring utility services to customers. (2) Repairing, replacing, or restoring damaged utility facilities. (3) Complying with governmental agency orders in connection with events declared disasters by competent state or federal authorities. (b) The costs, including capital costs, recorded in the accounts set forth in subdivision (a) shall be recoverable in rates following a request by the affected utility, a commission finding of their reasonableness, and approval by the commission. The commission shall hold expedited proceedings in response to utility applications to recover costs associated with catastrophic events. (Added by Stats. 1994, Ch. 1156, Sec. 1. Effective September 30, 1994.)
  69. 455.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission may hold a hearing on a filed rate-related schedule, suspend it while the matter is heard, and later establish or modify the rates or related 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 455. Whenever any schedule stating an individual or joint rate, classification, contract, practice, or rule, not increasing or resulting in an increase in any rate, is filed with the commission, it may, either upon complaint or upon its own initiative, at once and if it so orders without answer or other formal pleadings by the interested public utility or utilities, but upon reasonable notice, enter upon a hearing concerning the propriety of the rate, classification, contract, practice, or rule. Pending the hearing and the decision thereon the rate, classification, contract, practice, or rule shall not go into effect. Except as provided in Section 455.1, the period of suspension of the rate, classification, contract, practice, or rule shall not extend beyond 120 days beyond the time when it would otherwise go into effect unless the commission extends the period of suspension for a further period not exceeding six months. On the hearing the commission shall establish the rates, classifications, contracts, practices, or rules proposed, in whole or in part, or others in lieu thereof, which it finds to be just and reasonable. All rates, classifications, contracts, practices, or rules not so suspended shall become effective on the expiration of 30 days from the time of filing thereof with the commission or a lesser time as the commission may grant, subject to the power of the commission, after a hearing had on its own motion or upon complaint, to alter or modify them. (Amended by Stats. 1993, Ch. 406, Sec. 2. Effective January 1, 1994.)
  70. 455.1.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Water corporations filing recycled-water rate schedules must use the commission’s advice-letter procedure, and the commission must follow the section’s review steps.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 455.1. Whenever a water corporation files with the commission, pursuant to an advice letter submitted in accordance with commission procedures for this means of submission, a schedule stating rates, classifications, contracts, practices, or rules for the service of recycled water, the policies and standards for which are provided for in Article 7 (commencing with Section 13550) of Chapter 7 of Division 7 of the Water Code, the commission shall observe the following procedures: (a) Unless the commission determines, pursuant to subdivision (b), that the schedule filed by a water corporation for the service of recycled water is not justified or, pursuant to subdivision (d), any other party protests in writing the filing of the schedule, the schedule shall become effective upon the expiration of 40 days from the time of filing thereof. (b) Notwithstanding the filing of notice of changes or amendments as provided in subdivision (c) or a protest as provided in subdivision (d), the schedule as filed shall become effective on an interim basis upon the expiration of 30 days from the time of filing thereof, subject to refund of any amount of the rate subsequently found by the commission to be in excess of a just and reasonable rate. (c) If, upon its own initiative, the commission, acting through the staff organization with responsibility for reviewing advice letter filings, determines that the schedule filed by a water corporation for the service of recycled water is not justified, it shall notify the water corporation of the determination in writing within 40 days from the time of filing of the schedule and shall state in the notice all changes or amendments to the schedule that are required to make it just and reasonable. Upon the refiling by the water corporation within 10 days of the receipt of the notice of a revised schedule incorporating all changes and amendments specified by the commission, the revised schedule shall become effective on an interim basis subject to refund upon the expiration of five days from the time of the refiling thereof, and shall become final upon formal commission action approving the schedule, as revised. (d) If any other party, including the commission organization or division created pursuant to Section 309.5, protests in writing the schedule filed by a water corporation for the service of recycled water, the commission shall set the matter for a hearing on the protest to be held within a reasonable time from the time that the party files its written protest with the commission. (e) Subdivision (d) of Section 311 shall govern the timing of actions by the commission after the close of the record in any proceeding pursuant to subdivision (d) of this section. (Amended by Stats. 2007, Ch. 130, Sec. 219.5. Effective January 1, 2008.)
  71. 455.2.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must decide certain water utility rate cases so the decision takes effect on the first day of the first test year, and it must set a schedule requiring covered water corporations to file every three years.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 455.2. (a) The commission shall issue its final decision on a general rate case application of a water corporation with greater than 10,000 service connections in a manner that ensures that the commission’s decision becomes effective on the first day of the first test year in the general rate increase application. (b) If the commission’s decision is not effective in accordance with subdivision (a), the applicant may file a tariff implementing interim rates that may be increased by an amount equal to the rate of inflation as compared to existing rates. The interim rates shall be effective on the first day of the first test year in the general rate case application. These interim rates shall be subject to refund and shall be adjusted upward or downward back to the interim rate effective date, consistent with the final rates adopted by the commission. The commission may authorize a lesser increase in interim rates if the commission finds the rates to be in the public interest. If the presiding officer in the case determines that the commission’s decision cannot become effective on the first day of the first test year due to actions by the water corporation, the presiding officer or commission may require a different effective date for the interim rates or final rates. (c) The commission shall establish a schedule to require every water corporation subject to the rate case plan for water corporations to file an application pursuant to the plan every three years. The plan shall include a provision to allow the filing requirement to be waived upon mutual agreement of the commission and the water corporation. (d) The requirements of subdivisions (a) and (b) may be waived at any time by mutual consent of the executive director of the commission and the water corporation. (Added by Stats. 2002, Ch. 1147, Sec. 3. Effective January 1, 2003.)
  72. 455.3.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must adopt rate-change rules for oil pipeline corporations, and pipeline corporations must give notice before changing rates.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 455.3. (a) Notwithstanding any other provision of law, including, but not limited to Section 454, no later than January 1, 1998, the commission shall adopt rules and regulations that substantially revise the manner in which oil pipeline corporations may change and use rates. (b) The revised rules and regulations shall adhere to the following criteria: (1) Pipeline corporations shall be required to give the commission and all shippers no less than 30 days’ notice of rate changes. (2) After the 30-day notice of rate change, pipeline corporations shall be permitted to change rates and use those rates prior to commission approval. (3) The commission shall have the authority to suspend a rate change and use of the changed rate for a period of time not to exceed 30 days from expiration of the 30-day notice period specified in paragraph (1). (4) Pipeline corporations shall refund, with interest, any portion of the rate change that is subsequently disallowed by the commission to all shippers within 30 days of the commission’s decision becoming final. Interest shall accrue from the date the new rate is first charged. (5) Any increase in the shipping rate charged by an oil pipeline corporation prior to commission approval shall not exceed 10 percent per 12-month period. The commission shall determine the appropriateness of allowing retroactive charge and collection of subsequently approved rate increases above 10 percent. (c) It is the intent of the Legislature that oil pipeline corporations be permitted to use new rates after the period of the suspension of a rate change, if any, by the commission pursuant to paragraph (3) of subdivision (b) prior to commission approval, provided any disallowed portion of the new rate is fully refunded with interest. (Added by Stats. 1995, Ch. 802, Sec. 1. Effective January 1, 1996.)
  73. 455.5.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission may reduce utility rates and disallow related expenses for certain facilities that stay out of service for nine or more consecutive months, and utilities must report and notify the commission about such outages.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 455.5. (a) In establishing rates for any electrical, gas, heat, or water corporation, the commission may eliminate consideration of the value of any portion of any electric, gas, heat, or water generation or production facility which, after having been placed in service, remains out of service for nine or more consecutive months, and may disallow any expenses related to that facility. Upon eliminating consideration of any portion of a facility or disallowing any expenses related thereto under this section, the commission shall reduce the rates of the corporation accordingly and shall, for accounting purposes, record the value of that portion of the facility in a deferred debit account and shall treat this amount similar to the treatment of the allowance for funds used during construction. When that portion of the facility is returned to useful service, as provided in subdivision (c), the corporation may apply to the commission for the inclusion of its value and expenses related to its operation for purposes of the establishment of the corporation’s rates. (b) Every electrical, gas, heat, and water corporation shall periodically, as required by the commission, report to the commission on the status of any portion of any electric, gas, heat, or water generation or production facility which is out of service and shall immediately notify the commission when any portion of the facility has been out of service for nine consecutive months. (c) Within 45 days of receiving the notification specified in subdivision (b), the commission shall institute an investigation to determine whether to reduce the rates of the corporation to reflect the portion of the electric, gas, heat, or water generation or production facility which is out of service. For purposes of this subdivision, out-of-service periods shall not include planned outages of predetermined duration scheduled in advance. The commission’s order shall require that rates associated with that facility are subject to refund from the date the order instituting the investigation was issued. The commission shall consolidate the hearing on the investigation with the next general rate proceeding instituted for the corporation. (d) Upon being informed by the corporation that any portion of its electric, gas, heat, or water generation or production facility which was eliminated from consideration by the commission in establishing rates for being out of service for nine or more consecutive months pursuant to subdivision (a) or (b), has been restored to service and has achieved at least 100 continuous hours of operation, the commission may again consider that portion of the facility for purposes of establishing rates, and may adjust the corporation’s rates accordingly without a hearing, except that a hearing is required on whether to include, for purposes of establishing rates, any additional plant value added. (e) Nothing in this section prohibits the commission from reviewing the effects of any electric, gas, heat, or water generation or production facility which has been out of service for less than nine consecutive months or planned outages of predetermined duration scheduled in advance. (f) For purposes of this section, an electric, gas, heat, or water generation or production facility includes only such a facility that the commission determines to be a major facility of the corporation, and does not include any facility determined by the commission to constitute a plant held for future use. (Amended by Stats. 1990, Ch. 279, Sec. 1.)
  74. 455.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Large electrical and gas corporations must publish a website visual showing specified residential rate cost categories and provide it to the commission each year.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 455.7. (a) For purposes of this section, the following definitions apply: (1) “Large electrical corporation” has the same meaning as defined in Section 3280. (2) “Large gas corporation” means a gas corporation with 250,000 or more customer accounts within the state. (b) By January 1, 2026, and each year thereafter, each large electrical corporation shall publish on its internet website, and provide to the commission, a visual representation of the cost categories included in residential electric rates for the succeeding calendar year that includes all of the following cost categories: (1) Costs associated with electrical distribution grid infrastructure, not including costs associated specifically with wildfire mitigation. (2) Costs associated with wildfire mitigation activities pursuant to Chapter 6 (commencing with Section 8385) of Division 4.1. (3) Costs associated with the electrical transmission infrastructure, separating transmission costs in the jurisdiction of the commission from those in the jurisdiction of the Federal Energy Regulatory Commission. (4) Costs due to energization, including pursuant to Article 14.5 (commencing with Section 931) of Chapter 4. (5) Costs due to catastrophic events and emergencies. (6) Costs due to net metering and net billing tariffs, including pursuant to Sections 2827 to 2827.10, inclusive. (7) Costs due to commodity prices, including natural gas. (8) Costs due to energy efficiency programs, including programs established pursuant to Sections 379.5, 381, 382, 399.4, and 399.8. (9) Costs due to insurance, including self-insurance. (10) Costs due to metering and billing. (11) Costs due to taxes. (12) Costs due to unrecovered arrearages. (13) Any other cost categories, as determined by the commission. (c) On or before January 1, 2026, and each year thereafter, each large gas corporation shall publish on its internet website, and provide to the commission, a visual representation of the cost categories included in residential gas rates for the succeeding calendar year that includes all of the following cost categories: (1) Costs associated with gas distribution grid infrastructure. (2) Costs associated with gas transmission infrastructure, separating transmission costs in the jurisdiction of the commission from those in the jurisdiction of the Federal Energy Regulatory Commission. (3) Costs due to catastrophic events and emergencies. (4) Costs due to commodity prices, including natural gas. (5) Costs due to energy efficiency programs, including programs established pursuant to Sections 379.5, 382, and 399.4. (6) Costs due to insurance. (7) Costs due to metering and billing. (8) Costs due to taxes. (9) Costs due to unrecovered arrearages. (10) Any other cost categories, as determined by the commission. (Added by Stats. 2024, Ch. 762, Sec. 3. (AB 3264) Effective January 1, 2025.)
  75. 456.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Public utilities are not barred from profiting from economies, efficiencies, or improvements, if the commission permits it; the commission may also approve arrangements about how those profits are handled.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 456. Nothing in this part shall be construed to prohibit any public utility from profiting, to the extent permitted by the commission, from any economies, efficiencies, or improvements which it may make, and from distributing by way of dividends, or otherwise disposing of, such profits. The commission may make or permit such arrangement with any public utility as it deems wise for the purpose of encouraging economies, efficiencies, or improvements and securing the public utility making them such portion of the profits thereof as the commission determines. (Enacted by Stats. 1951, Ch. 764.)
  76. 458.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The section prohibits common carriers and related persons from using false or deceptive billing, classification, weight, or similar devices to let anyone get transportation below the filed rates and fares.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 458. (a) No common carrier, or any officer or agent thereof, or any person acting for or employed by it, shall, by means of known false billing, classification, weight, weighing, or report of weight, or by any other device or means assist, suffer, or permit any corporation or person to obtain transportation for any person or property between points within this state at less than the rates and fares then established and in force as shown by the schedules filed and in effect at the time. No person, corporation, or any officer, agent, or employee of a corporation shall, by means of false billing, false or incorrect classification, false weight or weighing, false representation as to contents or substance of a package, or false report or statement of weight, or by any other device or means, whether with or without the consent or connivance of a common carrier or any of its officers, agents, or employees, seek to obtain or obtain such transportation for such property at less than the rates then established and in force therefor. (b) Subdivision (a) is not applicable to network railroad transportation. (Amended by Stats. 1999, Ch. 1005, Sec. 15. Effective January 1, 2000.)
  77. 459.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    This section prohibits knowingly using false statements or fraudulent documents to get allowances, rebates, or damage payments connected to transporting people or property, and it also bars common carriers from knowingly paying or offering those amounts.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 459. (a) No person or corporation, or any officer, agent, or employee of a corporation, shall knowingly, directly or indirectly, by any false statement or representation as to cost or value, or the nature or extent of an injury, or by the use of any false billing, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, or upon any false, fictitious, or fraudulent statement or entry, obtain or attempt to obtain any allowance, rebate, or payment for damage, in connection with or growing out of the transportation of persons or property, or an agreement to transport such persons or property, whether with or without the consent or connivance of a common carrier or any of its officers, agents, or employees. No common carrier, or any of its officers, agents, or employees, shall knowingly pay or offer to pay any such allowance, rebate, or claim for damage. (b) Subdivision (a) is not applicable to network railroad transportation. (Amended by Stats. 1999, Ch. 1005, Sec. 16. Effective January 1, 2000.)
  78. 460.3.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must prevent passenger stage corporations from charging disabled or handicapped passengers more than other passengers for the same service, and it may not approve discriminatory fare schedules.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 460.3. (a) The commission shall prohibit any passenger stage corporation from charging any fare to, or imposing any other charge on, any physically disabled or handicapped passenger which is more than the fare or charge imposed on a passenger who is not physically disabled or handicapped for the same transportation or service, and shall approve no schedule of fares or charges which is discriminatory under this section. (b) Any special provision made by a passenger stage corporation for assisting a physically disabled or handicapped person in using its transportation service is, for purposes of subdivision (a), a part of the same transportation or service offered to passengers who are not physically disabled or handicapped, and is not a separate service for which an additional charge may be made. Nothing in this section, however, requires a passenger stage corporation to furnish any equipment or assistance for a physically disabled or handicapped person different from or in addition to that which may be required under any other law. (Added by renumbering Section 460.5 (as added by Stats. 1988, Ch. 794) by Stats. 1989, Ch. 1360, Sec. 130.)
  79. 460.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Passenger stage corporations must file one of several workers’ compensation documents with the commission, and later notify the commission and refile if they become subject to state workers’ compensation laws. The commission may also adopt rules to implement this section.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 460.7. (a) Beginning July 1, 1990, and continuing thereafter, every passenger stage corporation shall file with the commission one of the following: (1) A certificate of workers’ compensation coverage for its employees issued by an admitted insurer. (2) A certification of consent to self-insure issued by the Director of Industrial Relations, and the identity of the administrator of the carrier’s workers’ compensation self-insurance plan. (3) A statement under penalty of perjury, stating that, in its operations as a passenger stage corporation, it does not employ any person in any manner so as to become subject to the workers’ compensation laws of this state. (b) The workers’ compensation certified to under paragraph (1) of subdivision (a) shall be effective until canceled. Cancellation shall require 30 days’ advance notice. (c) If, after filing the statement described in paragraph (3) of subdivision (a), the corporation becomes subject to the workers’ compensation laws of this state, the corporation shall promptly notify the commission that the corporation is withdrawing its statement under paragraph (3) of subdivision (a), and shall simultaneously file the certificate described in either paragraph (1) or (2) of subdivision (a). (d) The commission may adopt rules and regulations that it determines to be necessary to carry out this section. (Added by Stats. 1989, Ch. 1240, Sec. 1.3.)
  80. 461.2.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    When setting rates for a telephone or telegraph corporation, the commission must include all revenues and expenses from installing and maintaining certain inside wiring covered by an FCC deregulation order.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 461.2. For purposes of establishing rates for a telephone or telegraph corporation, the commission shall include all revenues and expenses of the corporation from the installation and maintenance of that simple inside wiring which is subject to the order of the Federal Communications Commission deregulating that wiring (CC Docket No. 79-105, FCC 86-63; 51 F.R. 8498, March 12, 1986). (Added by Stats. 1987, Ch. 400, Sec. 1. Effective September 3, 1987.)
  81. 461.5.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Railroad and transportation companies must not discriminate in transportation charges or facilities, and the commission may approve certain reduced long-distance rates, special tickets, or reparations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 461.5. (a) (1) No discrimination in charges or facilities for transportation shall be made by any railroad or other transportation company between places or persons, or in the facilities for the transportation of the same classes of freight or passengers within this state. It shall be unlawful for any railroad or other transportation company to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included within the longer distance, or to charge any greater compensation as a through rate than the aggregate of the intermediate rates. (2) Upon application to the commission company may be authorized by the commission to charge less for longer than for shorter distances for the transportation of persons or property and the commission may from time to time prescribe the extent to which such company may be relieved from the prohibition to charge less for the longer than for the shorter haul. The commission may authorize the issuance of excursion and commutation tickets at special rates. (3) Nothing contained in this section shall be construed to prevent the commission from ordering and compelling any railroad or other transportation company to make reparation to any shipper on account of the rates charged to such shipper being excessive or discriminatory, provided no discrimination will result from such reparation. (b) Subdivision (a) is not applicable to network railroad transportation. (Amended by Stats. 1999, Ch. 1005, Sec. 19. Effective January 1, 2000.)
  82. 462.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Railroad corporations must provide passengers transfers for one continuous trip, on terms the commission finds just and reasonable.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 462. Every street or interurban railroad corporation shall upon such terms as the commission finds to be just and reasonable furnish to its passengers transfers entitling them to one continuous trip in the same general direction over and upon the portions of its lines within the same city or city and county not reached by the originating car. (Amended by Stats. 1957, Ch. 795.)
  83. 463.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission must disallow certain expenses when setting rates for electrical or gas corporations, including costs tied to unreasonable errors or omissions on large plant projects and expenses tied to inadequate records, subject to stated exceptions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 463. (a) For purposes of establishing rates for any electrical or gas corporation, the commission shall disallow expenses reflecting the direct or indirect costs resulting from any unreasonable error or omission relating to the planning, construction, or operation of any portion of the corporation’s plant which cost, or is estimated to have cost, more than fifty million dollars ($50,000,000), including any expenses resulting from delays caused by any unreasonable error or omission. Nothing in this section prohibits a finding by the commission of other unreasonable or imprudent expenses. This subdivision is a clarification of the existing authority of the commission, is not intended to limit or restrict any power or authority of the commission conferred by any other provision of law, and applies to all matters pending before the commission. This section does not prohibit the commission from establishing rates for an electrical or gas corporation on a basis other than an allowed rate of return on undepreciated capital costs. (b) Whenever an electrical or gas corporation fails to prepare or maintain records sufficient to enable the commission to completely evaluate any relevant or potentially relevant issue related to the reasonableness and prudence of any expense relating to the planning, construction, or operation of the corporation’s plant, the commission shall disallow that expense for purposes of establishing rates for the corporation. This subdivision does not apply where the commission determines that a reasonable person could not have anticipated either the relevance or potential relevance, to an evaluation of costs incurred on the project, of preparing or maintaining the records or the extent of recordkeeping required to adequately evaluate those costs. (c) For purposes of this section: (1) “Planning” includes, but is not limited to, activities related to the initial and subsequent assessments of the need for a plant construction project; the selection of contractors and the negotiation of contract provisions; certification; project organization; and site selection, including the investigation and interpretation of environmental factors such as seismic conditions and other external factors affecting the construction, operation, and safety of the plant. (2) “Construction” includes, but is not limited to, activities related to engineering such as the development and use of specifications, drawings, and procedures; the preparation and use of construction plans, including blueprints; procurement activities; repairs, replacement, redesign, or repositioning of equipment and facilities; startup activities; and quality assurance and quality control activities. (3) “Operation” includes, but is not limited to, activities related to decisions affecting the timing and nature of the use of the plant; dispatch and control activities and decisions; and plant operation, fuel loading, and maintenance. (4) “Error” includes, but is not limited to, any action or direction which causes an avoidable (i) increase in the time required to bring the plant to full commercial operation, (ii) change in the number or types of personnel or firms required to bring the plant to full commercial operation, (iii) increase in the number of worker hours required to complete any portion of the plant construction project, or (iv) change of equipment, configuration, design, schedule, or program. (5) “Omission” includes, but is not limited to, any failure to act or to provide direction which causes an avoidable (i) increase in the time required to bring the plant to full commercial operation, (ii) change in the number or types of personnel or firms required to bring the plant to full commercial operation, (iii) increase in the number of worker hours required to complete any portion of the plant construction project, or (iv) change of equipment, configuration, design, schedule, or program. (Added by Stats. 1985, Ch. 1212, Sec. 1.)
  84. 463.5.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission is not required to review recorded costs for certain utility plant items over $50 million if it has already set or adopted a reasonable cost estimate.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 463.5. (a) Section 463 does not require the commission to undertake a reasonableness review of recorded costs to determine the reasonableness of the costs of each item of any electrical or gas corporation’s plant which costs, or is estimated to have cost, more than fifty million dollars ($50,000,000) where the commission either has established a maximum reasonable cost pursuant to Section 1005.5 or has adopted an estimate of the reasonable costs in any proceeding. The establishment of the maximum costs or adoption of an estimated cost does not limit or restrict the discretion of the commission in considering the reasonableness of plant-related costs in subsequent proceedings. (b) This section shall become operative January 1, 1989. (Added by Stats. 1987, Ch. 854, Sec. 1. Section operative January 1, 1989, by its own provisions.)
  85. 464.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The commission may review and adjust certain depreciation schedules and rates, and it must work with the Electricity Oversight Board to help transmission-owning electrical corporations seek federal authorization to recover qualifying expenditures.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 464. (a) Reasonable expenditures by transmission owners that are electrical corporations to plan, design, and engineer reconfiguration, replacement, or expansion of transmission facilities are in the public interest and are deemed prudent if made for the purpose of facilitating competition in electric generation markets, ensuring open access and comparable service, or maintaining or enhancing reliability, whether or not these expenditures are for transmission facilities that become operational. (b) The commission and the Electricity Oversight Board shall jointly facilitate the efforts of the state’s transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission to recover reasonable expenditures made for the purposes stated in subdivision (a). (c) Nothing in this section alters or affects the recovery of the reasonable costs of other electric facilities in rates pursuant to the commission’s existing ratemaking authority under this code or pursuant to the Federal Power Act (41 Stat. 1063; 16 U.S.C. Secs. 791a, et seq.). The commission may periodically review and adjust depreciation schedules and rates authorized for an electric plant that is under the jurisdiction of the commission and owned by an electrical corporation and periodically review and adjust depreciation schedules and rates authorized for a gas plant that is under the jurisdiction of the commission and owned by a gas corporation, consistent with this code. (Added by renumbering Section 454.1 (as added by Stats. 2000, Ch. 1040) by Stats. 2004, Ch. 694, Sec. 10. Effective January 1, 2005.)
  86. 465.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Public utilities must contract out custodial or janitorial labor to the lowest responsible bidder and require prevailing wages, with a limited 90-day exception.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 465. (a) Except as provided in subdivision (c), whenever any labor of a custodial or janitorial nature is not performed by the employees of a public utility, such labor shall be let out under contract to the lowest responsible bidder with the provision that prevailing wages be a condition of any such contract. For the purposes of this section, “prevailing wages” shall be deemed to include employer payments for health and welfare, pension, holidays, sick leave, vacation, apprenticeship or other training programs. (b) A public utility shall implement the provisions of subdivision (a) by requiring the entity with which it contracts to pay its custodial or janitorial employees the prevailing wage. The public utility awarding the contract shall cause to be inserted in the contract a stipulation that the failure to pay prevailing wages shall be cause for the termination of the contract. (c) Nothing in this section shall prevent a public utility from employing a custodial or janitorial service for a period of 90 days or less without a contract meeting the requirements of subdivision (a) of this section. (d) The Director of the Department of Industrial Relations shall determine the prevailing wage for custodial or janitorial employees in accordance with the standards set forth in Section 1773 of the Labor Code. (Amended by Stats. 1977, Ch. 343.)
  87. 466.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Contractors and subcontractors on the covered contract must pay the specified prevailing wage for custodial or janitorial labor, keep detailed payroll records, let those records be inspected, and provide copies when requested or after a wage complaint and written notice.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 466. Pursuant to Section 465, the contractor to whom the contract is awarded and any subcontractor under him shall pay not less than the specified prevailing wage to all workmen performing custodial or janitorial labor in the excecution of the contract. Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each janitorial and custodial worker employed by him in connection with the contract. The contractor’s and subcontractor’s payroll records shall be available for inspection at all reasonable hours, and a copy shall be made available upon request to the employee, or his authorized representative, and the Division of Labor Standards Enforcement. After a complaint has been filed with the Division of Labor Standards Enforcement alleging that the contractor or the subcontractor has paid less than the prevailing wage, the contractor or subcontractor shall upon receipt of a written notice from the Division of Labor Standards Enforcement within 10 days file with the public utility and the Division of Labor Standards Enforcement a certified copy of the payroll records. (Added by Stats. 1977, Ch. 343.)
  88. 467.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The Division of Labor Standards Enforcement must enforce Section 466 under the same enforcement method used in Labor Code Chapter 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 467. The Division of Labor Standards Enforcement in the Department of Industrial Relations shall enforce Section 466 in the same manner as provided for by Chapter 4 (commencing with Section 79) of Division 1 of the Labor Code. (Added by Stats. 1977, Ch. 343.)
  89. 468.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A public utility cannot recover union-organizing expenses in its rates; those costs must be borne by shareholders.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Rates [451 - 468] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 468. (a) For purposes of this section, “expense incurred by a public utility in assisting or deterring union organizing” means costs incurred in communicating with employees, or employees of the public utility’s contractors, in an effort to persuade them to join or support, or to not join or support, a labor organization. (b) Any expense incurred by a public utility in assisting or deterring union organizing shall not be recoverable either directly or indirectly in the public utility’s rates and shall be borne exclusively by the shareholders of the public utility. (Added by Stats. 2019, Ch. 429, Sec. 1. (AB 560) Effective January 1, 2020.)
  90. 486.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Common carriers must file tariff schedules with the commission and keep them printed and open to public inspection.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 486. (a) Every common carrier shall file with the commission and shall print and keep open to the public inspection schedules showing the rates, fares, charges, and classifications for the transportation between termini within this state of persons and property from each point upon its route to all other points thereon; and from each point upon its route to all points upon every other route leased, operated, or controlled by it; and from each point on its route or upon any route leased, operated, or controlled by it to all points upon the route of any other common carrier, whenever a through route and a joint rate has been established or ordered between any two such points. If no joint rate over a through route has been established, the schedules of the several carriers in such through route shall show the separately established rates, fares, charges, and classifications applicable to the through transportation. (b) Subdivision (a) is not applicable to network railroad transportation. (Amended by Stats. 1999, Ch. 1005, Sec. 20. Effective January 1, 2000.)
  91. 487.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Carriers must make tariff schedules plainly state required route, classification, charge, privilege, and rule information, print the schedules plainly, and keep copies at carrier stations or offices subject to commission-prescribed 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 487. The schedules shall plainly state the places between which property and persons will be carried, and the classification of passengers or property in force, and shall state separately all terminal charges, storage charges, icing charges, and all other charges which the commission may require to be stated, all privileges or facilities granted or allowed, and all rules which may in any wise change, affect, or determine any part, or the aggregate of, such rates, fares, charges, and classifications, or the value of the service rendered to the passenger, shipper, or consignee. Schedules shall be plainly printed, and copies thereof shall be kept by every such carrier at such stations or offices of the carrier and subject to such conditions as the commission may determine and prescribe by order or rule. (Amended by Stats. 1963, Ch. 2121.)
  92. 488.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Carriers must make their schedules available for inspection when requested, and the commission prescribes the schedule form, subject to commission 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 488. (a) Subject to such rules as the commission may prescribe, the schedules of carriers shall be produced and made available for inspection upon the demand of any person. The form of every such schedule shall be prescribed by the commission and shall conform, in the case of any common carrier subject to federal regulation as nearly as possible to the form of schedules prescribed by the federal Surface Transportation Board. (b) Subdivision (a) is not applicable to network railroad transportation. (Amended by Stats. 1999, Ch. 1005, Sec. 21. Effective January 1, 2000.)
  93. 489.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must require public utilities and telephone corporations to file and disclose tariff-related information, and telephone corporations must inform subscribers about available basic services.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 489. (a) The commission shall, by rule or order, require every public utility other than a common carrier to file with the commission within the time and in the form as the commission designates, and to print and keep open to public inspection, schedules showing all rates, tolls, rentals, charges, and classifications collected or enforced, or to be collected or enforced, together with all rules, contracts, privileges, and facilities which in any manner affect or relate to rates, tolls, rentals, classifications, or service. Nothing in this section shall prevent the commission from approving or fixing rates, tolls, rentals, or charges, from time to time, in excess of or less than those shown by the schedules. (b) The commission shall, by rule or order, require every telephone corporation operating within a service area, on first contact by a prospective subscriber and in subsequent contacts by the subscriber for the purpose of changing service, to fully inform the subscriber of the basic services available to the class of subscribers to which the subscriber belongs. For eligible residential subscribers, these services shall include universal lifeline telephone service. The subscriber shall be presented with information orally, in print form, or in computer data form, according to the means by which contact is established. If after a hearing, the commission finds that any telephone corporation has not provided prospective subscribers with the information required by this section, the commission may make an appropriate adjustment of the telephone corporation’s rates or impose penalties pursuant to other provisions of law. (Amended (as amended by Stats. 1992, Ch. 980, Sec. 2) by Stats. 1995, Ch. 809, Sec. 1. Effective January 1, 1996.)
  94. 490.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission may change tariff schedule forms and related rules, and may exempt certain commercial mobile radio services from tariff-filing requirements when federal law leaves their rates unregulated.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 490. (a) The commission may from time to time determine and prescribe by order changes in the form of the schedules referred to in this article as it finds expedient, and may modify the requirements of any of its orders or rules in respect to any matter referred to in this article. (b) If the rates for any commercial mobile radio service are not subject to regulation by the commission as a result of federal law, then the commission may exempt the service from any tariff-filing requirement. (Amended by Stats. 2006, Ch. 198, Sec. 14. Effective January 1, 2007.)
  95. 491.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Public utilities generally must give 30 days’ notice to the commission and the public before changing rates, classifications, related rules or contracts, or privileges or facilities, unless the commission orders otherwise.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 491. Unless the commission otherwise orders, no change shall be made by any public utility in any rate or classification, or in any rule or contract relating to or affecting any rate, classification, or service, or in any privilege or facility, except after 30 days’ notice to the commission and to the public. Notice shall be given by filing with the commission and keeping open for public inspection new schedules stating plainly the changes to be made in the schedule or schedules then in force, and the time when the changes will go into effect. The commission, for good cause shown, may allow changes without requiring the 30 days’ notice, by an order specifying the changes that may be made on less than 30 days’ notice, the time when they shall take effect, and the manner in which they shall be filed and published. When any change is proposed in any rate or classification, or in any form of contract or agreement or in any rule or contract relating to or affecting any rate, classification, or service, or in any privilege or facility, attention shall be directed to such change on the schedule filed with the commission, by some character to be designated by the commission, immediately preceding or following the item. (Amended by Stats. 1999, Ch. 1005, Sec. 22. Effective January 1, 2000.)
  96. 491.1.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission may let a passenger stage corporation lower its rates and charges on one day’s notice, so long as the new rates are not below those of a competing passenger transportation service on substantially the same route. The commission may also impose reasonable or necessary 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 491.1. Notwithstanding Section 491, the commission may authorize a passenger stage corporation, upon one day’s notice, to reduce its rates and charges to not less than those of a competing passenger transportation service operating over substantially the same route pursuant to federal operating authority. The commission may attach any conditions it finds reasonable or necessary. (Added by Stats. 1984, Ch. 142, Sec. 3.)
  97. 492.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Joint-tariff schedules must list the names of the public utilities involved, and normally only one party needs to file the schedule if the other parties file their concurrence and the commission has not ordered otherwise.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 492. The names of the several public utilities which are parties to any joint tariff, rate, contract, or classification shall be specified in the schedule. Unless otherwise ordered by the commission, a schedule showing such joint tariff, rate, contract, or classification need be filed with the commission by only one of the parties to it, if there is also filed with the commission, in such form as it may require, a concurrence therein by each of the other parties thereto. (Enacted by Stats. 1951, Ch. 764.)
  98. 493.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    A common carrier subject to this section may not transport persons or property within the state until its rate and classification schedules have been filed and published.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 493. (a) No common carrier subject to this part shall engage or participate in the transportation of persons or property, between points within this state, until its schedules of rates, fares, charges, and classifications have been filed and published in accordance with this part. (b) If any common carrier of property, in contravention of subdivision (a), transports any property for which it does not have schedules of rates, fares, charges, and classifications on file, the commission may establish a just and reasonable charge for the transportation. (c) This section is not applicable to network railroad transportation. (Amended by Stats. 1999, Ch. 1005, Sec. 23. Effective January 1, 2000.)
  99. 494.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    A common carrier must follow its filed and effective tariff rates and may not give unauthorized refunds or unequal transportation privileges, except as ordered by the commission; the rule does not apply to network railroad transportation.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 494. (a) No common carrier shall charge, demand, collect, or receive a different compensation for the transportation of persons or property, or for any service in connection therewith, than the applicable rates, fares, and charges specified in its schedules filed and in effect at the time, nor shall any such carrier refund or remit in any manner or by any device any portion of the rates, fares, or charges so specified, except upon order of the commission as provided in this part, nor extend to any corporation or person any privilege or facility in the transportation of passengers or property except such as are regularly and uniformly extended to all corporations and persons. (b) Subdivision (a) is not applicable to network railroad transportation. (Amended by Stats. 1999, Ch. 1005, Sec. 24. Effective January 1, 2000.)
  100. 495.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Telegraph and telephone corporations must file tariff schedules with the commission showing rates and classifications for message or conversation transmission, unless an exemption applies.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 495. Every telegraph and telephone corporation shall print and file with the commission schedules showing all the rates and classifications for the transmission of messages or conversations between all of the following points, unless otherwise exempted, in whole or in part, from the filing requirements of subdivision (a) of Section 489: (a) Between all points within this state and all points outside the state upon its route. (b) Between all points within this state and all points outside the state upon every route leased, operated, or controlled by it. (c) Between all points on its route or upon any route, leased, operated, or controlled by it within this state and all points outside the state upon the route of any other telegraph or telephone corporation, whenever a through route and joint rate have been established between any two of these points. (Amended (as amended by Stats. 1992, Ch. 980, Sec. 3) by Stats. 1995, Ch. 809, Sec. 3. Effective January 1, 1996.)
  101. 495.6.

    ## 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Certain local governments that levy a telephone utility user tax must report the tax rate, how it is collected, and how often it is collected to 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 495.6. (a) Any city, county, or city and county that levies a utility user tax on the consumption of telephone services, including, but not limited to, the tax authorized by Section 7284.2 of the Revenue and Taxation Code, shall provide to the commission the rate of the tax, the manner in which the tax is collected, and the frequency with which the tax is collected. (b) The commission shall establish the periodic frequency at which information required by subdivision (a) shall be submitted to the commission. (c) The commission shall provide information received pursuant to subdivision (a) to any person or entity upon receiving a request for the information. The commission may charge a fee, at a level that shall not exceed the direct expenses of the commission in preparing and providing the information, to any person or entity that receives the information. (d) The commission shall not be responsible for the accuracy of the information that it receives from a city, county, or city and county and provides pursuant to this section. (Added by Stats. 1995, Ch. 280, Sec. 1. Effective January 1, 1996.)
  102. 495.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission may set up procedures and grant exemptions from tariffing rules for certain telecommunications services, subject to market-power and consumer-protection findings.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Tariff Schedules [486 - 495.7] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 495.7. (a) The commission may, by rule or order, establish procedures to allow telephone or telegraph corporations to apply for the exemption of certain telecommunications services from the tariffing requirements of Sections 454, 489, 491, and 495. (b) The commission may, by rule or order, partially or completely exempt certain telecommunications services, except basic exchange service offered by telephone or telegraph corporations, from the tariffing requirements of Sections 454, 489, 491, and 495 if either of the following conditions is met: (1) The commission finds that the telephone corporation lacks significant market power in the market for that service for which an exemption from Sections 454, 489, 491, and 495 is being requested. Criteria to determine market power shall include, but not be limited to, the following: company size, market share, and type of service for which an exemption is being requested. The commission shall promulgate rules for determining market power based on these and other appropriate criteria. (2) The Commission finds that a telephone corporation is offering a service in a given market for which competitive alternatives are available to most consumers, and the commission has determined that sufficient consumer protections exist in the form of rules and enforcement mechanisms to minimize the risk to consumers and competition from unfair competition or anticompetitive behavior in the market for the competitive telecommunications service for which a provider is requesting an exemption from Sections 454, 489, 491, and 495. This paragraph does not apply to monopoly services for which the commission retains exclusive authority to set or change rates. (c) Before implementing procedures to allow telephone corporations to apply for the exemption of certain telecommunications services from the tariffing requirements of Sections 454, 489, 491, and 495, and no later than September 30, 1996, the commission shall establish consumer protection rules for those exempted services that include, but are not limited to: (1) Rules regarding the availability of rates, terms, and conditions of service to consumers. (2) Rules regarding notices to consumers of rate increases and decreases, changes in terms and conditions of service, and change of ownership. (3) Rules to identify and eliminate unacceptable marketing practices including, but not limited to, fraudulent marketing practices. (4) Rules to assure that aggrieved consumers have speedy, low-cost, and effective avenues available to seek relief in a reasonable time. (5) Rules to assure consumers that their right to informational privacy for services over which the commission has oversight. (6) Rules to assure a telephone corporation’s cooperation with the commission investigations of customer complaints. (d) Prior to granting every exemption from the tariffing requirements of Sections 454, 489, 491, and 495, the commission shall find that there is no improper cross-subsidization or anticompetitive behavior in connection with the service for which an exemption is requested. (e) Nothing in this section shall require that the commission exempt any telecommunications service or telecommunications service provider from the requirements of Sections 454, 489, 491, and 495, nor shall this section limit the authority of the commission to require telephone corporations to provide it with contemporaneous information about the current terms, conditions, and prices under which telecommunications services that are exempted, in whole or in part, from Sections 454, 489, 491, and 495 are being offered to subscribers. (f) The commission, after notice and hearing if requested, may cancel, revoke, or suspend any exemption granted under subdivision (b) to any telephone corporation that fails to comply with any of the rules established by the commission pursuant to subdivision (c). (g) Any telecommunications service exempted from the tariffing requirements of Sections 454, 489, 491, and 495 shall not be subject to the limitation on damages that applies to tariffed telecommunications services. (h) The provisions of this section do not apply to commercial mobile services as defined by the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66). (Amended by Stats. 2001, Ch. 745, Sec. 197. Effective October 12, 2001.)
  103. 5.

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

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    This section says the code is to be interpreted using Sections 1 to 22 and certain Public Utilities Act definitions, unless the provision or context requires otherwise.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 5. Unless the provision or the context otherwise requires, the definitions, rules of construction, and other general provisions contained in Sections 1 to 22, inclusive, and the definitions in the Public Utilities Act (Chapter 1 (commencing with Section 201) of Part 1 of Division 1), shall govern the construction of this code. (Amended by Stats. 2008, Ch. 558, Sec. 6. Effective January 1, 2009.)
  104. 50000.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. )

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    This section says Part 5 is to be known and cited as the San Joaquin Regional Transit District Act.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50000. This part shall be known and cited as the “San Joaquin Regional Transit District Act.” (Amended by Stats. 1994, Ch. 704, Sec. 10. Effective January 1, 1995.)
  105. 50001.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. )

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    This article’s provisions control how this part is construed, 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 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50001. Unless the context otherwise requires, the provisions of this article govern the construction of this part. (Added by Stats. 1963, Ch. 839.)
  106. 50002.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. )

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    “District” means the San Joaquin Regional 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 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50002. “District” means the San Joaquin Regional Transit District formed under this part. (Amended by Stats. 1994, Ch. 704, Sec. 11. Effective January 1, 1995.)
  107. 50003.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. )

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    This section defines “Board” as the board of directors of this district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50003. “Board” means the board of directors of this district. (Added by Stats. 1963, Ch. 839.)
  108. 50004.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. )

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    “Voter” means any 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 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50004. “Voter” means any elector who is registered under the Elections Code. (Added by Stats. 1963, Ch. 839.)
  109. 50005.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. )

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    “Transit” means transporting passengers and their incidental baggage by any means.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50005. “Transit” means the transportation of passengers and their incidental baggage by any means. (Added by Stats. 1963, Ch. 839.)
  110. 50006.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. )

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    “Transit works” or “transit facilities” means the property, equipment, rights, or interests owned or to be acquired by the district for transit service.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50006. “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. 1963, Ch. 839.)
  111. 50007.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. )

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    This section defines “Stockton Metropolitan Area” for this part.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Definitions [50000 - 50007] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50007. For purposes of this part, “Stockton Metropolitan Area” means that area which was included within the boundaries of the Stockton Metropolitan Transit District, immediately prior to that district being expanded to include all of San Joaquin County. (Added by Stats. 1994, Ch. 704, Sec. 12. Effective January 1, 1995.)
  112. 50010.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. General Provisions [50010 - 50014] ( Article 2 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    This section states that a transit district needs to be established in the Stockton metropolitan area, including the City of Stockton and adjacent territory in San Joaquin County.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. General Provisions [50010 - 50014] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50010. It is necessary that a transit district be established in the Stockton metropolitan area which includes the City of Stockton and adjacent territory situated in San Joaquin County in order to meet the transit problem of the area. 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 city to the area requiring transportation services makes it necessary to develop a single transit system to protect the public interest. (Added by Stats. 1963, Ch. 839.)
  113. 50011.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. General Provisions [50010 - 50014] ( Article 2 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The San Joaquin Regional Transit District may be created under this part and, once created, may exercise the powers granted here.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. General Provisions [50010 - 50014] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50011. The San Joaquin Regional Transit District may be created as provided in this part and when so created may exercise the powers herein granted. (Amended by Stats. 1994, Ch. 704, Sec. 13. Effective January 1, 1995.)
  114. 50012.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. General Provisions [50010 - 50014] ( Article 2 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Elections under this part must generally follow 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 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. General Provisions [50010 - 50014] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50012. 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. 1963, Ch. 839.)
  115. 50013.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. General Provisions [50010 - 50014] ( Article 2 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Ordinances and notices that must be published have to be published within the district, 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 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. General Provisions [50010 - 50014] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50013. 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. 1963, Ch. 839.)
  116. 50014.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. General Provisions [50010 - 50014] ( Article 2 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Certain district, retirement board, and retirement system signatures may be made with a facsimile plate instead of a manual signature, except for the single instance in Section 50243.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 1. General Provisions [50000 - 50014] ( Chapter 1 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. General Provisions [50010 - 50014] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50014. 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 50243, the signature may be made by the use of a plate bearing facsimiles of such signatures. (Added by Stats. 1963, Ch. 839.)
  117. 50020.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. General Provisions [50020 - 50021] ( Article 1 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The City of Stockton, together with unincorporated territory, may organize and incorporate as the Stockton Metropolitan Transit District.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. General Provisions [50020 - 50021] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50020. The City of Stockton, together with unincorporated territory, may organize and incorporate as the Stockton Metropolitan Transit District. (Added by Stats. 1963, Ch. 839.)
  118. 50021.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. General Provisions [50020 - 50021] ( Article 1 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    A request to form the Stockton Metropolitan Transit District may be made by resolution or by petition.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. General Provisions [50020 - 50021] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50021. The request for the formation of the Stockton Metropolitan Transit District may be made by resolution or by petition as set out in this chapter. (Added by Stats. 1963, Ch. 839.)
  119. 50025.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Request by Resolution [50025 - 50027] ( Article 2 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The legislative body of the City of Stockton may pass a resolution stating that public interest or necessity requires creating and maintaining the Stockton Metropolitan Transit District.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Request by Resolution [50025 - 50027] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50025. The legislative body of the City of Stockton may pass a resolution declaring that in its opinion public interest or necessity demands the creation and maintenance of the Stockton Metropolitan Transit District. (Added by Stats. 1963, Ch. 839.)
  120. 50026.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Request by Resolution [50025 - 50027] ( Article 2 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    A district-forming resolution may list transit facilities to be acquired first, and it must describe the proposed district’s boundaries.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Request by Resolution [50025 - 50027] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50026. The resolution may state the transit facilities proposed to be first acquired, but failure to acquire such transit facilities shall not affect the validity of the district. The resolution shall set forth and describe the boundaries of the proposed district. (Added by Stats. 1963, Ch. 839.)
  121. 50027.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Request by Resolution [50025 - 50027] ( Article 2 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Certified copies of the resolution must be presented to the San Joaquin County Board of Supervisors, asking it to call an election without delay on whether the district will be created.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Request by Resolution [50025 - 50027] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50027. Certified copies of the resolution shall be presented to the Board of Supervisors of San Joaquin County requesting the board of supervisors to call an election without delay for determining whether the district will be created. (Added by Stats. 1963, Ch. 839.)
  122. 50030.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Request by Petition [50030 - 50033] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    A petition may be presented to the board of supervisors if it is signed by voters in the proposed district equal to at least 25% of the votes cast in the last general election.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Request by Petition [50030 - 50033] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50030. Instead of a resolution, a petition may be presented to the board of supervisors signed by voters within the proposed district equal in number to at least 25 percent of the total vote cast at the last general election. (Added by Stats. 1963, Ch. 839.)
  123. 50031.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Request by Petition [50030 - 50033] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    A petition for forming the district must include the required declarations and statements, including boundary descriptions, and must state that the petitioners believe public interest or necessity requires the district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Request by Petition [50030 - 50033] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50031. The petition shall contain substantially the same declarations and statements required to be contained in the resolution presented to the board of supervisors under this chapter, including the description of the boundaries, and declare that, in the opinion of the petitioners, public interest or necessity demands the creation and maintenance of the metropolitan transit district. (Added by Stats. 1963, Ch. 839.)
  124. 50032.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Request by Petition [50030 - 50033] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    A petition may be filed on separate papers, but each paper must include an affidavit from the person who circulated it verifying the signatures.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Request by Petition [50030 - 50033] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50032. The petition may be on separate papers, but each paper shall contain the affidavit of the person who circulated it certifying that each name signed thereto is a true signature of the person whose name it purports to be. (Added by Stats. 1963, Ch. 839.)
  125. 50033.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Request by Petition [50030 - 50033] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The County Elections Official of the County of San Joaquin must compare petition signatures with registration affidavits and certify whether they are sufficient or insufficient.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Request by Petition [50030 - 50033] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50033. The County Elections Official of the County of San Joaquin shall compare the signatures to the petition with the affidavits of registration and certify to their sufficiency or insufficiency. (Amended by Stats. 2002, Ch. 221, Sec. 107. Effective January 1, 2003.)
  126. 50035.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    If certified copies of the resolution or a sufficient petition are received, the board of supervisors must hold a hearing on forming a Stockton Metropolitan Transit District.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50035. Upon receipt of certified copies of the resolution or of a sufficient petition, the board of supervisors shall hold a hearing on the question of forming a Stockton Metropolitan Transit District. All interested persons shall be given an opportunity to express their views at the hearing. (Added by Stats. 1963, Ch. 839.)
  127. 50036.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board of supervisors may exclude unincorporated areas from the district if it determines they would not receive reasonable benefit from being included.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50036. The board of supervisors shall have the power to exclude unincorporated areas which, in the board’s determination, would not receive reasonable benefit from inclusion in the district. (Added by Stats. 1963, Ch. 839.)
  128. 50037.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    If the board of supervisors approves the resolution or petition, it must enter a resolution in its minutes and set the proposed district’s boundaries, election date and hours, and the election’s purpose.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50037. At the conclusion of the hearing, if the board of supervisors approves the resolution or petition as originally presented or in modified form, it shall by resolution entered upon its minutes: (a) Fix and describe the exterior boundaries of the proposed district as determined by the board of supervisors. (b) Fix the date on which an election will be held in the proposed district and the hours during which the polls will be open. (c) State the purpose for which the election is held. (Added by Stats. 1963, Ch. 839.)
  129. 50038.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The election must be held between 60 and 90 days after the resolution in Section 50037 is adopted.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50038. The election shall be held not less than 60 days nor more than 90 days from the date of the adoption of the resolution prescribed by Section 50037. (Added by Stats. 1963, Ch. 839.)
  130. 50039.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The election notice must be published at least 20 days before the election, and the county elections official must mail notice of the polling place and purpose to each qualified elector of the proposed district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50039. The election shall be called by publishing notice calling the election pursuant to Section 6066 of the Government Code not less than 20 days before the election. The notice need only specify the time and place of the election, the hours during which the polls will be open, the purpose of the election, and the description of the exterior boundaries of the proposed district as determined by the board of supervisors. No notice of the election other than the notice prescribed by this section need be given except that the county elections official shall mail notice of the polling place and the purpose of the election to each qualified elector of the proposed district. (Amended by Stats. 2002, Ch. 221, Sec. 108. Effective January 1, 2003.)
  131. 50040.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The election ballot must include any instructions required by law and ask whether the Stockton Metropolitan Transit District should be created and established.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50040. The ballot for the election shall contain such instructions as are required by law to be printed thereon and in addition thereto the following: Shall the “Stockton Metropolitan Transit District” be created and established? YES NO (Added by Stats. 1963, Ch. 839.)
  132. 50041.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    A person may vote at the election only if the person is a voter of the territory included in the proposed district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50041. No person shall be entitled to vote at the election unless he is a voter of the territory included in the proposed district. (Added by Stats. 1963, Ch. 839.)
  133. 50042.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The election may be held on the same day as another state, county, or city election and may be consolidated with it.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50042. The election may be held on the same day as any other state, county, or city election, and be consolidated therewith. (Added by Stats. 1963, Ch. 839.)
  134. 50043.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board of supervisors must meet on the Tuesday after the election and canvass the returns.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50043. The board of supervisors shall meet on the Tuesday next succeeding the day of the election and canvass the returns. (Added by Stats. 1963, Ch. 839.)
  135. 50044.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board of supervisors must arrange the election for the whole district and pay its cost.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50044. The board of supervisors shall make all provisions for the holding of the election throughout the entire district as proposed, and shall pay the cost thereof. (Added by Stats. 1963, Ch. 839.)
  136. 50045.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    If a special election is held only to organize the district, the county must recoup the election expenditure through a tax on taxable property in the proposed district territory, and the county official must add that tax to the next county tax bills.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Election [50035 - 50045] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50045. If a special election is held exclusively on the proposition of organizing the district, the expenditure therefor shall be reimbursed to the county by means of a tax on all the taxable property within the territory which was proposed to be included in the district, and this tax shall be added to the next county tax bills by the proper official of the county. (Added by Stats. 1963, Ch. 839.)
  137. 50055.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 6. Contest of Incorporation [50055- 50055.] ( Article 6 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Minor informality in the election or proceedings does not invalidate the district’s incorporation unless it substantially harms a citizen’s legal rights.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 2. Formation of District [50020 - 50055] ( Chapter 2 added by Stats. 1963, Ch. 839. ) ## ARTICLE 6. Contest of Incorporation [50055- 50055.] ( Article 6 added by Stats. 1963, Ch. 839. ) ## 50055. No informality in any proceeding or in the conduct of the election, not substantially affecting adversely the legal rights of any citizen, shall be held to invalidate the incorporation of the district. Any proceedings wherein the validity of incorporation is denied shall be commenced within three months from the date of filing the order declaring the result of the election with the Secretary of State, otherwise the incorporation and the legal existence of the district shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1963, Ch. 839.)
  138. 50060.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Government [50060 - 50064] ( Article 1 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The district is governed by a five-member board. Two directors are appointed by the County of San Joaquin Board of Supervisors, two by the Stockton City Council, and the fifth is appointed by a board of election by majority vote.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Government [50060 - 50064] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50060. The government of the district shall be vested in a board of five directors. Two of the directors shall be appointed by the Board of Supervisors of the County of San Joaquin. Two of the directors shall be appointed by the City Council of the City of Stockton. The board of supervisors, together with five members of the city council appointed by the mayor, shall constitute a board of election which, by a majority vote, shall appoint the fifth director. (Amended by Stats. 1991, Ch. 995, Sec. 3.)
  139. 50061.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Government [50060 - 50064] ( Article 1 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Appointments must be made within 30 days after the district is formed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Government [50060 - 50064] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50061. These appointments shall be made within 30 days after the formation of the district. (Added by Stats. 1963, Ch. 839.)
  140. 50062.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Government [50060 - 50064] ( Article 1 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    If a board vacancy occurs, the body that appointed the departed director must fill it, and the replacement serves for the rest of the term.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Government [50060 - 50064] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50062. A vacancy on the board shall be filled by the body which appointed the director whose office is vacated and the new appointee shall hold his office for the unexpired term. (Added by Stats. 1963, Ch. 839.)
  141. 50063.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Government [50060 - 50064] ( Article 1 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Each director must take and subscribe an oath within 10 days after appointment and before starting official duties.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Government [50060 - 50064] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50063. Each director shall, within 10 days after his appointment and before entering upon the discharge of his duties of his office, take and subscribe to an oath in the form set forth in Section 3 of Article XX of the Constitution of California before an officer authorized by law to administer oaths. The oaths shall be filed in the office of the district. (Added by Stats. 1963, Ch. 839.)
  142. 50064.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Government [50060 - 50064] ( Article 1 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    A person may not be appointed to, or serve as, the board unless they are a district resident and have lived in the district for at least one year before appointment.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Government [50060 - 50064] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50064. A person shall not be appointed to or be a member of the board unless he is a resident of the district and has resided within the district at least one year immediately prior to his appointment to the board. (Added by Stats. 1963, Ch. 839.)
  143. 50067.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Terms of Office [50067- 50067.] ( Article 2 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Each director’s term is four years from appointment, with shorter first terms for the first chairman and staggered initial terms for the other first-appointed directors.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Terms of Office [50067- 50067.] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50067. The term of office of each director is four years from the time of his appointment, except that the chairman first appointed shall hold office for two years, and the remaining directors first appointed to the board shall classify themselves by lot, so that the two appointed by the board of supervisors shall hold office for one and three years and the two appointed by the city council shall hold office for two and four years. (Added by Stats. 1963, Ch. 839.)
  144. 50070.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board must choose one of its members as chairperson every January. The chairperson must preside at board meetings and vote on board propositions.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50070. The board shall annually, in January, select one of its members as chairperson to serve at the pleasure of the board. The chairperson shall preside at all meetings of the board and shall vote on the propositions passed upon by the board. (Amended by Stats. 1991, Ch. 995, Sec. 4.)
  145. 50071.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board must hold its first meeting within 10 days after its chairman is appointed, and it may set its own procedure rules and decide meeting place and time.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50071. The first meeting of the board shall be held within 10 days of the appointment of its chairman. The board may make its own rules of procedure and determine the place and time of its meeting. (Added by Stats. 1963, Ch. 839.)
  146. 50072.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50072. 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. 1963, Ch. 839.)
  147. 50073.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board must handle any necessary administrative matters for the district that are not already covered in this part.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50073. 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. 1963, Ch. 839.)
  148. 50074.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50074. 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. 1963, Ch. 839.)
  149. 50075.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board may operate the transit system itself or contract with Stockton or another public or private agency to operate it for the district.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50075. The board may either operate the transit system itself, or it may contract with the City of Stockton, or with any other public or private agency, to operate the transit system for the district. (Added by Stats. 1963, Ch. 839.)
  150. 50075.5.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Certain new transit services must go through open competitive bidding, with notice published in a county newspaper at least 10 days before bids are received, and the contract awarded to the lowest responsible bidder.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50075.5. All new intercity, interregional, and rural services provided outside the Stockton Metropolitan Area shall be subject to open competitive bidding at least once every five years. For the bidding, the district may be one of the bidders. The district shall cause notice inviting bids to be published at least once in a newspaper of general circulation within San Joaquin County, which publication shall be made at least 10 days before bids are to be received. The contract for service shall be let to the lowest responsible bidder. The board may reject any and all bids and may readvertise in its discretion. (Added by Stats. 1994, Ch. 704, Sec. 14. Effective January 1, 1995.)
  151. 50076.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board may adopt a personnel system, must set up the needed positions and pay for them by resolution, may abolish positions by resolution, and the general manager must make appointments to those positions except as otherwise provided.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50076. The board may adopt a personnel system for the purpose of recruiting and maintaining an effective working force with good morale. The board shall by resolution determine and create such number and character of positions as are necessary properly to carry on the functions of the district and shall establish an appropriate salary, salary range, or wage for each position so created. The board may by resolution abolish any such position. Except as otherwise provided, appointments to such positions shall be made by the general manager. (Added by Stats. 1963, Ch. 839.)
  152. 50077.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board may contract for or employ professional services needed by the district, including work that regular employees cannot satisfactorily perform.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50077. 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. (Added by Stats. 1963, Ch. 839.)
  153. 50078.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board must arrange an annual audit of the district’s books and accounts 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 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50078. The board shall have an annual audit made of all books and accounts of the district by a certified public accountant or public accountant. (Added by Stats. 1963, Ch. 839.)
  154. 50079.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board may authorize payment of district demands by resolution without prior specific board approval if the expense was already approved, the amount does not exceed the approved amount, and the general manager approves the demand.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50079. The board may provide by resolution, under such terms and conditions as it sees fit, for the payment of demands against the district without prior specific approval thereof by the board if the demand is for a purpose for which an expenditure has been previously approved by the board and in an amount no greater than the amount so authorized, and if the demand is approved by the general manager. (Added by Stats. 1963, Ch. 839.)
  155. 50080.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board may create and administer funds as needed for the district’s business.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Powers and Duties of Directors [50070 - 50080] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50080. To facilitate the business of the district, the board may provide for the creation and administration of such funds as the needs of the district may require. The funds shall be disbursed in accordance with rules established by the board and all payments from any fund shall be reported to the board. (Added by Stats. 1963, Ch. 839.)
  156. 50085.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Meetings and Legislation [50085 - 50090] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Board meetings must be conducted in the manner required by 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 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Meetings and Legislation [50085 - 50090] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50085. 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. 1963, Ch. 839.)
  157. 50086.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Meetings and Legislation [50085 - 50090] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    A majority of the board is needed to form a quorum for conducting business.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Meetings and Legislation [50085 - 50090] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50086. A majority of the board constitutes a quorum for the transaction of business. (Added by Stats. 1963, Ch. 839.)
  158. 50087.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Meetings and Legislation [50085 - 50090] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board must adopt rules for its proceedings. It may also set, by ordinance or resolution, meeting compensation and expense allowances for members, subject to a $100-per-attendance amount and a $500 monthly cap.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Meetings and Legislation [50085 - 50090] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50087. The board shall adopt rules for its proceedings and may provide, by ordinance or resolution, that each member shall receive for each attendance at the meetings of the board and committees the sum of one hundred dollars ($100), but not to exceed five hundred dollars ($500) in a calendar month, and shall be allowed such necessary traveling and personal expenses incurred in the performance of duties authorized by the board. (Amended by Stats. 2024, Ch. 216, Sec. 1. (AB 1853) Effective January 1, 2025.)
  159. 50088.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Meetings and Legislation [50085 - 50090] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board must act by motion, resolution, or ordinance. Ordinances cannot be passed on the day they are introduced, within three days after, or outside a regular or adjourned regular meeting. No ordinance, resolution, or motion is effective unless approved by a majority of the directors.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Meetings and Legislation [50085 - 50090] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50088. The acts of the board shall be expressed by motion, resolution, or ordinance. No ordinance shall be passed by the board on the day of its introduction, nor within three days thereafter, nor at any time other than a regular or adjourned regular meeting. No ordinance, resolution, or motion shall have any validity or effect unless passed by the affirmative votes of a majority of the directors. (Added by Stats. 1963, Ch. 839.)
  160. 50089.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Meetings and Legislation [50085 - 50090] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    All ordinances must be published after they are passed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Meetings and Legislation [50085 - 50090] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50089. All ordinances shall be published after passage. (Added by Stats. 1963, Ch. 839.)
  161. 50090.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Meetings and Legislation [50085 - 50090] ( Article 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Ordinances must use the stated enacting clause and be signed by the chairperson or vice chairperson and attested by the secretary.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 4. Meetings and Legislation [50085 - 50090] ( Article 4 added by Stats. 1963, Ch. 839. ) ## 50090. The enacting clause of all ordinances shall be as follows: “Be it enacted by the board of directors of San Joaquin Regional Transit District:” All ordinances shall be signed by the chairperson of the board or the vice chairperson and attested by the secretary. (Amended by Stats. 1994, Ch. 704, Sec. 15. Effective January 1, 1995.)
  162. 50095.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50095. The board shall 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 also of the administration of the business affairs of the district. (Added by Stats. 1963, Ch. 839.)
  163. 50096.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board must appoint a general manager, and the appointee must have experience in constructing or managing transit facilities.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50096. All other things being equal, the board shall appoint as general manager, a person who has had experience in the construction or management of transit facilities. (Added by Stats. 1963, Ch. 839.)
  164. 50097.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50097. The general manager need not be a resident of this State at the time of his appointment. (Added by Stats. 1963, Ch. 839.)
  165. 50098.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board may remove the general manager by majority resolution, but the general manager can demand a written statement of reasons and a public hearing before final vote. The board may suspend him during the hearing and may not cut his salary below the original amount unless it follows the same voting and hearing process.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50098. The general manager may be removed by the board upon the adoption of a resolution by the affirmative vote of not less than a majority of the board. Before the general manager may be removed, he shall, if he demands it, be given a written statement of the reasons alleged for his removal and he shall have the right to be publicly heard thereon at a meeting of the board prior to the final vote on the resolution providing for his removal, but pending and during such hearing the board may suspend him from office. The board may not reduce the salary of the general manager below the amount fixed at the time of his original appointment except upon the adoption of a resolution by a like vote and after a like opportunity to be heard. The action of the board in suspending or removing the general manager or reducing his salary, if approved by a majority of the membership of the board, is final. (Added by Stats. 1963, Ch. 839.)
  166. 50099.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board may appoint a general manager before the district has provided transit services for six months.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50099. Notwithstanding anything to the contrary in Section 50098, until such time as the district has operated, controlled, or used facilities or parts of facilities for providing the inhabitants within the boundaries of the district with transit services for a period of six months, the board may, but is not required to, appoint a general manager. A general manager appointed during such time holds office at the pleasure of the majority of the board. (Added by Stats. 1963, Ch. 839.)
  167. 50100.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board must appoint a secretary and an attorney.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50100. The board shall appoint a secretary and an attorney, who shall hold office during the pleasure of the board. (Added by Stats. 1963, Ch. 839.)
  168. 50101.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The attorney must be admitted to practice law in the state Supreme Court and have at least three years of active practice before appointment.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50101. The attorney shall be admitted to practice law in the Supreme Court of the State, and shall have been actively engaged in the practice of his profession for not less than three years next preceding his appointment. (Added by Stats. 1963, Ch. 839.)
  169. 50102.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board may combine district offices into one person.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50102. The board may consolidate any of the district offices in one person. (Added by Stats. 1963, Ch. 839.)
  170. 50103.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Appointive officers of the district must take, subscribe, and file their oath with the district secretary after notice of appointment, no later than 15 days after the term begins.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50103. The oath of all appointive officers of the district shall be taken, subscribed, and filed with the secretary of the district at any time after the officer has notice of his appointment but not later than 15 days after the commencement of his term of office. No other filing is required. (Added by Stats. 1963, Ch. 839.)
  171. 50104.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50104. Each appointive officer shall give such bond and in such amount as the board may require. (Added by Stats. 1963, Ch. 839.)
  172. 50105.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The general manager must carry out listed district management duties, subject to the board’s control.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50105. Subject to the control of the board, the powers and duties of the general manager are: (a) To have full charge of the acquisition, construction, maintenance, and operation of the facilities of the district. (b) To have full charge of the administration of the business affairs of the district. (c) To see that all ordinances of the district are enforced. (d) To administer the personnel system adopted by the board and except for officers appointed by the board to appoint, discipline or remove all officers and employees subject to the rules and regulations adopted by the board. (e) To attend all meetings of the board and submit a general report of the affairs of the district. (f) To keep the board advised as to the needs of the district. (g) To prepare or cause to be prepared all plans and specifications for the construction of the works of the district. (h) To devote his entire time to the business of the district. (i) To perform such other and additional duties as the board may require. (Added by Stats. 1963, Ch. 839.)
  173. 50106.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The general manager must publish a financial report within 90 days after each fiscal year ends.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50106. The general manager shall within 90 days from the end of each fiscal year cause to be published a financial report showing the result of operations for the preceding fiscal year and the financial status of the district on the last day thereof. The publication shall be made in the manner provided in this part for the publication of ordinances and notices generally. (Added by Stats. 1963, Ch. 839.)
  174. 50107.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The district attorney must handle the district’s legal matters, give written advice when the board asks, advise district officers, review legal documents, and do other services the board requires.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50107. The attorney shall take charge of all suits and other legal matters to which the district is a party or in which it is legally interested. He shall give his advice or opinion in writing whenever required by the board. He shall be the legal adviser of the general manager and other district officers and shall prepare or approve the forms of all ordinances, resolutions, contracts, bonds, and other legal documents connected with the business of the district. He shall perform such other and additional services as the board may require. (Added by Stats. 1963, Ch. 839.)
  175. 50108.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The general manager must maintain an auditing and accounting system that always shows the district’s financial condition, and warrants must be paid under rules the board may establish.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50108. The general manager shall cause to be installed and maintained a system of auditing and accounting which shall completely and at all times show the financial condition of the district. All warrants for the payment of demands against the district shall be paid in accordance with such rules as the board may establish. (Added by Stats. 1963, Ch. 839.)
  176. 50109.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The general manager must safeguard the district’s funds and keep accounts 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 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50109. The general manager shall provide for the custody of the funds of the district and the keeping of accounts of all receipts and disbursements. Payments shall be made only upon warrants duly and regularly signed by the chairman or vice chairman of the board, or other person authorized by the board so to do, and by the general manager or secretary. (Added by Stats. 1963, Ch. 839.)
  177. 50110.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    With board consent, the general manager may place district securities with a qualifying bank or trust company for safekeeping, and the depository must follow the manager’s written directions.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 3. Internal Organization of District [50060 - 50110] ( Chapter 3 added by Stats. 1963, Ch. 839. ) ## ARTICLE 5. Other Officers [50095 - 50110] ( Article 5 added by Stats. 1963, Ch. 839. ) ## 50110. With the consent of the board, the general manager may: (a) Authorize the trust department of any state or national bank in this State, or a trust company authorized to act as such in this State, to receive as his agent deposits of any securities acquired by the district. (b) Place and maintain for safekeeping as a trust deposit with the trust department of any state or national banks in this State, or a trust company authorized to act as such in this State, any securities owned by the district. The bank or trust company selected shall have a total paid-in capital of at least one million dollars ($1,000,000). The general manager shall take from the trust department or trust company a receipt for the securities, and neither the general manager nor the district is responsible for the custody and safe return of the securities until they are withdrawn from the trust department or trust company by the general manager. Any trust department or trust company to which securities are delivered, either as agent or depository for the general manager, shall make such disposition of the securities as the general manager directs and is responsible only for strict compliance with written instructions given to it by the general manager. All such securities are at all times subject to the order of the general manager. (Added by Stats. 1963, Ch. 839.)
  178. 50120.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    If enough employees want union representation, the board must bargain with the accredited representative, both sides must bargain in good faith, and unresolved disputes go to arbitration. The district also may not discriminate in employment, and agreements cannot be made with organizations that deny membership on prohibited bases.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. ) ## 50120. (a) If a majority of the employees employed by a transit district in a unit appropriate for collective bargaining indicate a desire to be represented by a labor organization, then the board, after determining pursuant to Section 50121 that the labor organization represents the employees in the appropriate unit, shall bargain with the accredited representative of those employees. Both parties shall bargain in good faith and make all reasonable efforts to reach agreement on the terms of a written contract governing wages, salaries, hours, working conditions, and grievance procedures. (b) (1) If a dispute arises over the terms of a written contract governing wages, salaries, hours, or working conditions that is not resolved by negotiations conducted in good faith between the board and the representatives of the employees, then the board and the representatives of the employees shall submit the dispute to an arbitration board. The decision of a majority of the arbitration board shall be final. (2) (A) The arbitration board shall be composed of two representatives of the transit board, two representatives of the labor organization, and a fifth member to be agreed upon by the representatives of the transit board and labor organization. (B) If the representatives of the transit board and labor organization are unable to agree on the fifth member, then the names of five persons experienced in labor arbitration shall be obtained from the California State Mediation and Conciliation Service. The labor organization and the district shall, alternately, strike a name from the list supplied by the California State Mediation and Conciliation Service. The labor organization and the district shall determine by lot who shall first strike a name from the list. After the labor organization and the transit district have stricken four names, the name remaining shall be designated as the arbitrator. (C) The transit board and the labor organization shall each pay one-half of the cost of the impartial arbitrator. (c) A contract or agreement shall not be made with any labor organization, association, group, or individual that denies membership on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code. However, the organization may preclude from membership any individual who advocates the overthrow of the government by force or violence. (d) The district shall not discriminate with regard to employment against any person on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. (Amended by Stats. 2012, Ch. 46, Sec. 125. (SB 1038) Effective June 27, 2012.)
  179. 50121.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    If there is a dispute about union majority support or the appropriateness of a bargaining unit, the State Conciliation Service must hear it promptly and may set unit boundaries and order an election.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. ) ## 50121. 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 and may, by decision, establish the boundaries of any collective bargaining unit and provide for an election to determine the question of representation. Provided, however, any certification of a labor organization to represent or act for the employees in any collective bargaining unit shall not be subject to challenge on the ground 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. (Added by Stats. 1963, Ch. 839.)
  180. 50122.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    If a district acquires utility facilities, it must place qualifying utility employees into comparable district jobs without examination and carry over certain leave and seniority credits.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. ) ## 50122. Whenever any district acquires existing facilities from a publicly or privately owned public utility either in proceedings by eminent domain or otherwise, to the extent necessary for operation of facilities, all of the employees of such public utility whose duties pertain to the facilities acquired who have been employed by said utility for at least seventy-five (75) days shall be appointed to comparable positions in the district without examination and shall be governed thereafter by the personnel system adopted by the board, and these employees shall be given sick leave, seniority and vacation credits in accordance with the records of the acquired public utility. The provisions of this section shall apply only to those officers or supervisory employees of the acquired utility as shall be designated by the board. (Added by Stats. 1963, Ch. 839.)
  181. 50123.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    When a district buys facilities from a utility that has a pension plan, the affected pension members and beneficiaries keep their plan-related rights and the district board must consider the plan’s outstanding obligations in the purchase price.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. ) ## 50123. Whenever any district acquires existing facilities from a publicly or privately owned public utility, either in proceedings in eminent domain or otherwise, that has a pension plan in operation, members and beneficiaries of such pension plan shall continue to have the rights, privileges, benefits, obligations and status with respect to such established system. Whenever any such facilities are acquired by the district, the board shall consider and take into account the outstanding obligations and liabilities of the publicly or privately owned public utility by reason of such pension plan and shall negotiate an allowance in the purchase price of such utility for the assumption of such obligations and liabilities when acquiring the facilities. (Added by Stats. 1963, Ch. 839.)
  182. 50124.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The agreement or order used to acquire a public utility by the district must specify who is entitled to pension benefits under Section 50123 and what those benefits are.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. ) ## 50124. The persons entitled to pension benefits as provided for in Section 50123 and the benefits which are provided shall be specified in the agreement or order by which any public utility is acquired by the district. (Added by Stats. 1963, Ch. 839.)
  183. 50125.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Certain pension-benefit recipients may become members of, or receive pensions under, the district retirement system if the district and the persons mutually agree.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. ) ## 50125. All persons receiving pension benefits from such acquired public utility and all persons entitled to pension benefits under the pension plan of such acquired public utility may become members or receive pensions under the retirement system established by the district by mutual agreement of such persons and the district. (Added by Stats. 1963, Ch. 839.)
  184. 50126.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board may authorize payment of certain insurance and retirement plan premiums, and a district may deduct certain amounts from employees’ wages if the employees authorize it.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 4. Labor Provisions [50120 - 50126] ( Chapter 4 added by Stats. 1963, Ch. 839. ) ## 50126. Notwithstanding any provisions of the Government Code, the board may authorize payment of any or all of the premiums on any group life, accident and health insurance, health and welfare plan, or pension or retirement plan, on officers or employees of a district. Upon authorization by its employees, a district may make deductions from the wages and salaries of its employees: (a) Pursuant to a collective bargaining agreement with a duly designated or certified labor organization for the payment of union dues, fees, or assessments. (b) For the payment of contributions pursuant to any health and welfare, pension, or retirement plan. (c) For any purpose for which deductions may be authorized by employees of any private employer. (Added by Stats. 1963, Ch. 839.)
  185. 50130.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Establishment [50130 - 50135] ( Article 1 added by Stats. 1963, Ch. 839. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Establishment [50130 - 50135] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50130. The board may establish a retirement system for the officers and employees of the district and provide for the payment of annuities, pensions, retirement allowances, disability payments, and death benefits or any of them. (Added by Stats. 1963, Ch. 839.)
  186. 50131.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Establishment [50130 - 50135] ( Article 1 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The district may maintain its own retirement fund or provide retirement benefits for eligible officers and employees, or their beneficiaries, using insurance or other board-approved means.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Establishment [50130 - 50135] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50131. The district may maintain its own retirement fund or may provide for benefits to eligible officers and employees, or their beneficiaries, by means of group insurance, or other insurance, or by such means as in the opinion of the board will satisfactorily provide an adequate and sure method of meeting the payments contemplated by the retirement system. (Added by Stats. 1963, Ch. 839.)
  187. 50132.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Establishment [50130 - 50135] ( Article 1 added by Stats. 1963, Ch. 839. )

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Establishment [50130 - 50135] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50132. Before establishing any retirement system the board shall secure a report from a qualified actuary, which shall show the cost of the benefits provided by the system, and the prospective assets and liabilities of the system. (Added by Stats. 1963, Ch. 839.)
  188. 50133.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Establishment [50130 - 50135] ( Article 1 added by Stats. 1963, Ch. 839. )

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    The board may adopt ordinances and resolutions and take acts needed or convenient to run the retirement system.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Establishment [50130 - 50135] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50133. The board may adopt all ordinances and resolutions and perform all acts necessary or convenient to the initiation, maintenance, and administration of the retirement system. (Added by Stats. 1963, Ch. 839.)
  189. 50134.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Establishment [50130 - 50135] ( Article 1 added by Stats. 1963, Ch. 839. )

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Establishment [50130 - 50135] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50134. Nothing in this chapter prevents a district from participating in and making all or part of its employees members of the State Employees’ Retirement System by contract entered into between the district and the board of administration of the system under the State Employees’ Retirement Law or from participating in the Federal Social Security Act pursuant to Part 4 (commencing with Section 22000), Division 5, Title 2 of the Government Code, and the district may perform all acts necessary or convenient for such participation. (Added by Stats. 1963, Ch. 839.)
  190. 50135.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Establishment [50130 - 50135] ( Article 1 added by Stats. 1963, Ch. 839. )

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    The board may decide which officers and employees are included in the retirement system and may change that classification over time. Once classified, their membership is compulsory, and the retirement system does not apply to board members.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 1. Establishment [50130 - 50135] ( Article 1 added by Stats. 1963, Ch. 839. ) ## 50135. The board may classify and determine the officers and employees who shall be included as members in the retirement system and may change the classification from time to time. Membership of all officers and employees so classified and included in the retirement system is compulsory. The retirement system shall not apply to members of the board. (Added by Stats. 1963, Ch. 839.)
  191. 50140.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. )

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    The board may set the terms and conditions for benefits, and the district’s officers, employees, or their beneficiaries are entitled to those benefits and their amounts under those terms.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50140. The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and the amounts thereof. (Added by Stats. 1963, Ch. 839.)
  192. 50141.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. )

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    A retirement allowance may be based partly on service a member performed for the district before the retirement system was established; that service is called “prior service.”

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50141. The retirement allowance may be predicated in part upon service rendered the district by a member prior to the establishment of the retirement system, which service is known as “prior service.” (Added by Stats. 1963, Ch. 839.)
  193. 50142.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    The board must make sure both the district and the members contribute to the retirement system.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50142. The board shall provide that both the district and the members shall contribute to the retirement system. The rate of contribution by an officer or employee of the district becoming a member of the retirement system shall be so fixed as to provide, with accumulated interest and based on tables and assumptions adopted by the board, substantially one-half the value of any retirement allowance granted for service, exclusive of any credits allowed for prior service. (Added by Stats. 1963, Ch. 839.)
  194. 50143.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Members of the retirement system must contribute the amount and on the terms set by the board.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50143. All members of the retirement system shall contribute in the manner and amount fixed by the board and such contributions may be collected by deducting the amounts thereof from the salary, wages, or compensation due such members. (Added by Stats. 1963, Ch. 839.)
  195. 50144.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. )

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    The district must cover certain retirement-system liabilities with contributions, and may use annual appropriations for other district liabilities, subject to a minimum yearly appropriation rule until funding reaches a specified present-value balance.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50144. Liabilities accruing under the retirement system because of benefits other than such as are the equivalent of contributions by the members, with accumulated interests, shall be met by contributions by the district. Prior service or other liabilities of the district may be met by annual appropriations instead of by one appropriation for the total of the liabilities; but until the present value of regular contributions for current service, together with assets then available, equals the present value of all allowances and benefits granted or to be granted under the system, the appropriation for any one year when added to any unused balance of any previous appropriations for such purpose shall not be less than the amount disbursed during that year on account of prior service or other liabilities of the district. (Added by Stats. 1963, Ch. 839.)
  196. 50145.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. )

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    If a member leaves the retirement system before retirement, the member gets back the contributions paid in, plus credited interest. The board may set terms for letting a terminated member leave contributions in the fund and possibly receive a retirement allowance later.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50145. If any member withdraws from the retirement system prior to retirement the total amount contributed by him with such interest as may be credited thereto shall be returned to him; provided, however, that the board may prescribe the terms and conditions upon which a member, whose district service is terminated except by death or retirement, may elect to leave his contributions and interest thereon in the retirement fund, and the terms and conditions upon which a retirement allowance may be made to him after such termination based upon his contributions prior to such termination. (Added by Stats. 1963, Ch. 839.)
  197. 50146.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Certain retirement-system payments and returned contributions are exempt from execution or other process, except as allowed by Section 704.110 of the Code of Civil Procedure.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 2. Benefits and Contributions [50140 - 50146] ( Article 2 added by Stats. 1963, Ch. 839. ) ## 50146. All money received by any person as an annuity, pension, retirement allowance, disability payment, or death benefit from the retirement system, and all contributions and interest thereon returned to any member of the retirement system, whether in the actual possession of such person or deposited, loaned, or invested by him, is exempt from execution or any other process except to the extent permitted by Section 704.110 of the Code of Civil Procedure and is unassignable. (Amended by Stats. 1982, Ch. 497, Sec. 167. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  198. 50150.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Retirement Board [50150 - 50153] ( Article 3 added by Stats. 1963, Ch. 839. )

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Retirement Board [50150 - 50153] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50150. The board shall create a retirement board of not more than five members, at least two members of which shall be the elected representatives of the employees, to administer the retirement system, and shall define its powers and duties and the tenure of the members. (Added by Stats. 1963, Ch. 839.)
  199. 50151.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Retirement Board [50150 - 50153] ( Article 3 added by Stats. 1963, Ch. 839. )

    Verify source ↗

    Members of the retirement board must serve without pay.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Retirement Board [50150 - 50153] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50151. All members of the retirement board shall serve without pay. (Added by Stats. 1963, Ch. 839.)
  200. 50152.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Retirement Board [50150 - 50153] ( Article 3 added by Stats. 1963, Ch. 839. )

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 5. SAN JOAQUIN REGIONAL TRANSIT DISTRICT [50000 - 50507] ( Heading of Part 5 amended by Stats. 1994, Ch. 704, Sec. 9. ) ## CHAPTER 5. Retirement System [50130 - 50156] ( Chapter 5 added by Stats. 1963, Ch. 839. ) ## ARTICLE 3. Retirement Board [50150 - 50153] ( Article 3 added by Stats. 1963, Ch. 839. ) ## 50152. The retirement board shall determine the eligibility of officers, employees, and their dependents to participation in the system and shall be the sole authority and judge under such ordinances as may be adopted by the board as to the conditions under which persons may be admitted to and continue to receive benefits of any sort under the retirement system, and may modify allowances for service and disability. The determination of the retirement board shall be final and conclusive and shall not be modified or set aside except for fraud or abuse of discretion. (Added by Stats. 1963, Ch. 839.)

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