Public Utilities Code — Part 28 | PUC — United States — California law | Esheria

Public Utilities Code

Part 28 of 38 · provisions 5,401–5,600

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. 5441.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. )

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    The commission may continue making rules and taking enforcement actions related to transportation network companies, as long as those actions are consistent with this article.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. ) ## 5441. The Legislature does not intend, and nothing in this article shall be construed, to prohibit the commission from exercising its rulemaking authority in a manner consistent with this article, or to prohibit enforcement activities related to transportation network companies. (Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015.)
  2. 5442.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. )

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    A participating driver must carry proof of transportation network company insurance coverage while using a vehicle for the platform, and must show that information after an accident when requested.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. ) ## 5442. A participating driver of a transportation network company shall carry proof of transportation network company insurance coverage with him or her at all times during his or her use of a vehicle in connection with a transportation network company’s online-enabled application or platform. In the event of an accident, a participating driver shall provide this insurance coverage information to any other party involved in the accident, and to a police officer, upon request. (Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015.)
  3. 5443.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. )

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    This section says Article 7 controls how insurance-policy obligations are determined for transportation network companies and, when applicable, their drivers using a vehicle connected to a TNC platform.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. ) ## 5443. Notwithstanding Section 11580.9 of the Insurance Code, or any other law affecting whether one or more policies of insurance that may apply with respect to an occurrence is primary or excess, this article determines the obligations under insurance policies issued to transportation network companies and, if applicable, drivers using a vehicle in connection with a transportation network company’s online-enabled application or platform. (Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015.)
  4. 5444.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. )

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    A transportation network company must participate in the pull-notice system to check participating drivers’ driving records.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. ) ## 5444. Notwithstanding any limitations contained in Section 1808.1 of the Vehicle Code, a transportation network company is eligible to participate and shall participate in the pull-notice system established pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of a participating driver regardless of whether the participating driver is an employee or an independent contractor of the transportation network company. (Added by Stats. 2015, Ch. 791, Sec. 1. (AB 1422) Effective January 1, 2016.)
  5. 5445.1.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. )

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    A transportation network company must give a passenger certain driver and vehicle details in its app or platform when the passenger is matched with the driver.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. ) ## 5445.1. A transportation network company shall provide all of the following information to a passenger on its online-enabled application or platform at the time the passenger is matched with a transportation network company driver: (a) The transportation network company driver’s first name and a picture of the driver. (b) An image of the make and model of the transportation network company driver’s vehicle. (c) The license plate number of the transportation network company driver’s vehicle. (Added by Stats. 2018, Ch. 286, Sec. 1. (AB 2986) Effective January 1, 2019.)
  6. 5445.2.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. )

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    Transportation network companies must run criminal background checks on each participating driver and must not hire or keep drivers who meet listed disqualifying criteria.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. ) ## 5445.2. (a) (1) A transportation network company shall conduct, or have a third party conduct, a local and national criminal background check for each participating driver that shall include both of the following: (A) The use of a multistate and multijurisdiction criminal records locator or other similar commercial nationwide database with validation. (B) A search of the United States Department of Justice National Sex Offender Public website. (2) A transportation network company shall not contract with, employ, or retain a driver if the driver meets either of the following criteria: (A) Is currently registered on the United States Department of Justice National Sex Offender Public website. (B) Has been convicted of any of the following offenses: (i) A violent felony, as defined in Section 667.5 of the Penal Code. (ii) A violation of Section 236.1, 11413, 11418, 11418.5, or 11419 of the Penal Code. (3) A transportation network company shall not contract with, employ, or retain a driver if the driver has been convicted of any of the following offenses within the previous seven years: (A) Misdemeanor assault or battery. (B) A domestic violence offense. (C) Driving under the influence of alcohol or drugs. (D) A felony violation of Section 18540 of the Elections Code, or of Section 67, 68, 85, 86, 92, 93, 137, 138, 165, 518, or 530 of, subdivision (a) of Section 484 of, or subdivision (a) of Section 487 of, the Penal Code. (4) Paragraphs (2) and (3) apply with respect to a conviction of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in those paragraphs. (5) This section shall not be interpreted to prevent a transportation network company from imposing additional standards. (b) A transportation network company that violates, or fails to comply with, this section is subject to a penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each offense. (c) (1) Notwithstanding Section 1786.12 of the Civil Code, an investigative consumer reporting agency may furnish an investigative consumer report to a transportation network company about a person seeking to become a participating driver, regardless of whether the participating driver is to be an employee or an independent contractor of the transportation network company. (2) Paragraph (7) of subdivision (a) of Section 1786.18 of the Civil Code does not apply to an investigative consumer report furnished to a transportation network company pursuant to paragraph (1). (Amended by Stats. 2019, Ch. 618, Sec. 1. (AB 880) Effective January 1, 2020.)
  7. 5445.3.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. )

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    Participating drivers must have a valid driver’s license, and transportation network companies must check certain driving-history and compliance requirements and notify drivers about applicable Vehicle Code rules.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. ) ## 5445.3. (a) A participating driver is required to possess either of the following: (1) A valid driver’s license issued by the State of California. (2) (A) In the case of a nonresident active duty military member or a nonresident dependent of an active duty military member, a valid driver’s license issued by the other state or territory of the United States in which the member or dependent is a resident. (B) A transportation network company shall comply with the provisions of Section 5445.2 and obtain and review the driving history report from the state or territory of the United States that issued the individual’s driver’s license before permitting a nonresident active duty military member or a nonresident dependent of an active duty military member to act as a participating driver and shall ensure that the driver satisfies all requirements applicable to participating drivers, including, but not limited to, the regulations of the commission and the applicable requirements of the Vehicle Code. (b) A transportation network company shall notify all participating drivers of the applicability of the Vehicle Code and of the code’s availability, including, in particular, Sections 23123 and 23123.5 (relating to the hands-free device laws), Section 21760 (the “Three Feet for Safety Act”), and Section 22454 (relating to rules of the road relating to schoolbuses), to all participating drivers, either on the transportation network company’s internet website or on its application. (Amended by Stats. 2019, Ch. 497, Sec. 247. (AB 991) Effective January 1, 2020.)
  8. 5446.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. )

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    San Francisco may impose ride taxes under set maximum rates, and any tax collected under this section must be used for transportation operations and infrastructure.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. ) ## 5446. (a) Notwithstanding any other law, the City and County of San Francisco may impose a tax on each ride originating in the City and County of San Francisco provided by a participating driver in an amount not to exceed the following: (1) One and one-half percent of net rider fares for a shared ride in which, prior to commencement of the ride, a passenger requests through the transportation network company’s online-enabled application or platform to share the ride with one or more passengers and each passenger is charged a fare that is calculated, in whole or in part, based on the passenger’s request to share all or part of the ride with one or more passengers, regardless of whether the passenger actually shares all or part of the ride. (2) Three and one-quarter percent of the net rider fare for a ride other than a ride described in paragraph (1). (b) Notwithstanding any other law, the City and County of San Francisco may impose a tax on each ride originating in the City and County of San Francisco provided by an autonomous vehicle, whether facilitated by a transportation network company or any other person, in an amount not to exceed the following: (1) One and one-half percent of net rider fares for a shared ride in which, prior to commencement of the ride, a passenger requests to share the ride with one or more passengers and each passenger is charged a fare that is calculated, in whole or in part, based on the passenger’s request to share all or part of the ride with one or more passengers, regardless of whether the passenger actually shares all or part of the ride. (2) Three and one-quarter percent of the net rider fare for a ride other than a ride described in paragraph (1). (c) Notwithstanding subdivisions (a) and (b), the City and County of San Francisco may set a lower tax rate for net rider fares for a ride originating in the City and County of San Francisco provided by a zero-emission vehicle to further incentivize deployment of zero-emission vehicles. (d) For purposes of this section, “net rider fare” means all charges for a ride, including, but not limited to, charges based on time or distance, or both, and excluding any additional charges such as taxes, airport or venue fees, or fees imposed by the commission. (e) Moneys collected by the City and County of San Francisco pursuant to this section shall be dedicated to fund transportation operations and infrastructure within the City and County of San Francisco. (f) A tax imposed pursuant to this section shall be subject to applicable voter approval requirements imposed by law. (g) A tax imposed pursuant to this section shall expire no later than November 5, 2045. (Added by Stats. 2018, Ch. 644, Sec. 2. (AB 1184) Effective January 1, 2019.)
  9. 5450.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. )

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    This section creates the California Clean Miles Standard and Incentive Program and requires the board, the commission, the Energy Commission, and transportation network companies to take specific emissions-planning actions.

    ## 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 8. Charter-Party Carriers of Passengers [5351 - 5450] ( Chapter 8 added by Stats. 1961, Ch. 2146. ) ## ARTICLE 7. Transportation Network Companies [5430 - 5450] ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. ) ## 5450. (a) (1) The program established pursuant to this section shall be known as the California Clean Miles Standard and Incentive Program. (2) For purposes of this section, “board” means the State Air Resources Board. (3) This section applies to transportation providers regulated by the commission that provide prearranged transportation services for compensation using an online-enabled application or platform to connect passengers, including autonomous vehicles, charter-party carriers, and new modes of ridesharing technology that may arise through innovation and subsequent regulation. (b) (1) By January 1, 2020, the board shall establish a baseline for emissions of greenhouse gases for vehicles used on the online-enabled applications or platforms by transportation network companies on a per-passenger-mile basis. For purposes of this section, emissions per-passenger-mile traveled means the estimated emissions from all vehicles miles traveled in periods 1, 2, and 3, as those terms are used by the commission, including miles driven with no passenger in the vehicles, divided by the total number of passenger miles resulting from transport by those vehicles in period 3, including facilitation of walking, biking, and other modes of active or zero-emission transportation. The board shall use 2018 as the baseline year. (2) By January 1, 2021, the board shall adopt, and the commission shall implement, annual targets and goals, beginning in 2023, for the reduction under the baseline established pursuant to paragraph (1) of emissions of greenhouse gases per passenger-mile driven on behalf of a transportation network company. These targets and goals shall include annual goals for increasing passenger-miles traveled using zero-emission vehicles. These targets and goals shall be consistent with the Zero-Emission Vehicle Action Plan, be consistent with the stated goals detailed in Executive Order B-48-18, be technically and economically feasible, and be based upon data reported by the transportation network companies to the commission. (3) The data required of transportation network companies to determine average emissions of greenhouse gases per passenger-mile to be calculated by the board and commission shall include, but is not limited to, all of the following: (A) The total miles completed by drivers. (B) The percent share of miles completed by qualified zero-emission means, including miles completed by vehicle, walking, biking, other modes of active transportation, and zero-emission vehicles. (C) Miles-weighted average network-wide grams of carbon dioxide per mile to produce an estimate of the emissions of greenhouse gases. (D) Total passenger-miles completed using an average passengers-per-trip estimate to account for trips where exact passenger head count data was not captured. (4) The board shall delay adoption, and the commission shall delay implementation, of the targets and goals pursuant to paragraph (2) if the board or commission finds that unanticipated barriers exist to expanding the usage of zero-emission vehicles by transportation network companies. The board and commission shall review the available data related to barriers to expanding the usage of zero-emission vehicles by transportation network companies no less often than every two years, including data relative to current and future electric transportation adoption rates and charging infrastructure utilization rates. (c) By January 1, 2022, and every two years thereafter, each transportation network company shall develop a greenhouse gas emissions reduction plan. A transportation network company greenhouse gas emissions reduction plan shall include proposals on how to meet the targets and goals for reducing emissions of greenhouse gases established pursuant to subdivision (b) based upon the following: (1) Increased proportion of participating drivers with zero-emission vehicles using transportation network companies. (2) Increased proportion of vehicle-miles completed by zero-emission vehicles relative to all vehicle-miles. (3) Decreased gram-per-mile greenhouse gas emissions rates. (4) Increased passenger-miles in proportion to overall vehicle-miles. (d) In implementing this section, the commission, the board, and the Energy Commission shall ensure that ongoing state planning efforts and funding programs that are intended to accelerate the adoption of zero-emission vehicles and charging infrastructure shall consider the goals of the California Clean Miles Standard and Incentive Program. The commission shall additionally do all the following: (1) Ensure minimal negative impact on low-income and moderate-income drivers. (2) Ensure that the program complements and supports the sustainable land-use objectives contained in Section 65080 of the Government Code. (3) Support the goals of clean mobility for low- and moderate-income individuals. (4) Advance the goals of the California Clean Miles Standard and Incentive Program in reviewing utility transportation electrification applications filed pursuant to subdivision (b) of Section 740.12 and encourage collaboration between electric vehicle charging companies, investor-owned utilities, fleet owners that provide vehicles by contract to participating drivers for use on transportation network company platforms, entities contracting with participating drivers to provide zero-emission vehicles for use on transportation network company platforms, and transportation network companies on investments that would support the California Clean Miles Standard and Incentive Program, consistent with subdivision (b) of Section 740.12 and Executive Order B-48-18. (Added by Stats. 2018, Ch. 369, Sec. 4. (SB 1014) Effective January 1, 2019.)
  10. 5500.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. )

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    This section defines “commercial air operator” and excludes hot air balloon transportation for entertainment, sporting, or recreational purposes.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. ) ## 5500. As used in this article, “commercial air operator” means any person owning, controlling, operating, renting, or managing aircraft for any commercial purpose for compensation. “Commercial air operator” does not include any person owning, controlling, operating, renting, managing, furnishing, or otherwise providing transportation by hot air balloon for entertainment, sporting, or recreational purposes. (Amended (as amended by Stats. 2008, Ch. 706, Sec. 1) by Stats. 2012, Ch. 108, Sec. 1. (AB 1524) Effective January 1, 2013.)
  11. 5501.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. )

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    This section defines “aircraft” and excludes certain hot air balloons used for entertainment, sporting, or recreational transportation.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. ) ## 5501. As used in this article, “aircraft” means any contrivance used for navigation of, or flight in, the air. “Aircraft” does not include a hot air balloon furnished or providing transportation for entertainment, sporting, or recreational purposes. (Amended (as amended by Stats. 2008, Ch. 706, Sec. 3) by Stats. 2012, Ch. 108, Sec. 3. (AB 1524) Effective January 1, 2013.)
  12. 5502.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. )

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    This section defines “person” for this article.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. ) ## 5502. As used in this article, “person” means any individual, firm, partnership, private, municipal or public corporation, limited liability company, company, association, joint stock association, trustee, receiver, assignee, or other similar representative. (Amended by Stats. 1994, Ch. 1010, Sec. 219. Effective January 1, 1995.)
  13. 5503.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. )

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    Commercial air operators must keep at least $1,000,000 in liability insurance, plus $100,000 in additional liability coverage for each passenger, for aircraft covered by this article.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. ) ## 5503. (a) All commercial air operators shall maintain in force at least one million dollars ($1,000,000) of liability insurance for personal injury, wrongful death, and property damage resulting from the operation of an aircraft pursuant to this article, with additional liability coverage of one hundred thousand dollars ($100,000) for each passenger for any aircraft covered by this article. (b) This section shall become operative on July 1, 2018. (Repealed (in Sec. 24) and added by Stats. 2017, Ch. 421, Sec. 25. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.)
  14. 5504.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. )

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    This section excludes certain licensed pest-control aircraft operators from this article, and instead makes them subject to a different Food and Agricultural Code article for that aircraft operation.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. ) ## 5504. This article does not apply to any person licensed under Article 1 (commencing with Section 11701) of Chapter 4 of Division 6 of the Food and Agricultural Code with respect to that person’s operation of an aircraft for the purpose of applying pest control materials or substances by dusting, spraying, or any other manner whereby the materials or substances are applied through the medium of aircraft. That person is subject to Article 2 (commencing with Section 11931) of Chapter 5 of Division 6 of the Food and Agricultural Code with respect to that aircraft operation. (Amended by Stats. 1983, Ch. 142, Sec. 137.)
  15. 5506.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. )

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    Commercial air operators must get local business licenses when required and provide insurance certificates to local governments, while local governments may charge a reasonable fee and must give notice with renewal notifications.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. ) ## 5506. (a) All commercial air operators shall comply with any requirement of a city, county, or city and county that the person obtain a business license as a condition for operating in that city, county, or city and county. (b) All commercial air operators shall also provide the city, county, or city and county a currently effective certificate of insurance evidencing insurance coverage as required in Section 5503. A new certificate of insurance shall be provided to the city, county, or city and county at least annually or whenever there is a material change in insurance coverage. A city, county, or city and county shall give reasonable notice of this requirement with any business license renewal notification. A city, county, or city and county may charge a reasonable fee for purposes of carrying out the provisions of this subdivision. (c) This section shall become operative on July 1, 2018. (Repealed (in Sec. 28) and added by Stats. 2017, Ch. 421, Sec. 29. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.)
  16. 5508.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. )

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    This section keeps liability protection in place for a commercial air operator while the operator continues offering services for compensation, and it limits cancellation of the insurance or surety bond to at least 30 days’ written notice unless operations stop.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. ) ## 5508. (a) The protection against liability shall be continued in effect so long as the commercial air operator continues to offer his or her services for compensation. The policy of insurance or surety bond shall not be cancelable on less than 30 days’ written notice to the city, county, or city and county, except in the event of cessation of operations as a commercial air operator. (b) This section shall become operative on July 1, 2018. (Repealed (in Sec. 31) and added by Stats. 2017, Ch. 421, Sec. 32. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.)
  17. 5510.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. )

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    A commercial air operator who knowingly fails or refuses to obtain required liability protection commits a misdemeanor.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. ) ## 5510. Any commercial air operator who knowingly refuses or fails to procure protection against liability, as required by Section 5503, is guilty of a misdemeanor. (Amended by Stats. 1987, Ch. 581, Sec. 3.)
  18. 5511.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. )

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    A city, county, or city and county may accept insurance policies written by nonadmitted insurers if the policies comply with the applicable jurisdiction’s rules and regulations.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. ) ## 5511. (a) Notwithstanding the provisions of Section 5506, a city, county, or city and county shall have the authority to accept policies of insurance written by nonadmitted insurers subject to Section 1763 of the Insurance Code of this state, provided that the policies of insurance shall meet the rules and regulations adopted therefor by the applicable jurisdiction. (b) This section shall become operative on July 1, 2018. (Repealed (in Sec. 34) and added by Stats. 2017, Ch. 421, Sec. 35. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.)
  19. 5512.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. )

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    After an administrative hearing, a city, county, or city and county may impose a penalty of up to $1,000 on a commercial air operator that fails to file the required evidence of liability protection.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. ) ## 5512. (a) Following an administrative hearing, a city, county, or city and county may impose a penalty of not exceeding one thousand dollars ($1,000) upon any commercial air operator who fails to file the evidence of liability protection required by this article. (b) This section shall become operative on July 1, 2018. (Repealed (in Sec. 36) and added by Stats. 2017, Ch. 421, Sec. 37. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.)
  20. 5513.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. )

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    Hot air balloon-for-hire operators must carry specified liability insurance and give passengers insurance notice; if local law requires a business license, they must comply, display the license locally, and provide insurance certificates.

    ## 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 9. Commercial Air Carriers [5500 - 5513] ( Chapter 9 added by Stats. 1963, Ch. 1282. ) ## ARTICLE 1. Accident Liability Protection [5500 - 5513] ( Article 1 added by Stats. 1963, Ch. 1282. ) ## 5513. (a) Notwithstanding any other provision of this article, any person owning, controlling, operating, renting, managing, furnishing, or otherwise providing transportation by hot air balloon for hire shall maintain in force at least one million dollars ($1,000,000) of liability insurance for personal injury, wrongful death, and property damage resulting from the operation of a balloon carrying up to 10 passengers, with additional liability coverage of one hundred thousand dollars ($100,000) for each passenger for any balloon carrying more than 10 passengers. A notice shall be provided to every passenger that identifies both the insurer providing a policy of liability insurance to the person providing that transportation and the amount of insurance coverage provided by that policy. (b) Any person owning, controlling, operating, renting, managing, furnishing, or otherwise providing transportation by hot air balloon for hire shall comply with any requirement of a city, county, or city and county that the person obtain a business license as a condition for operating in that city, county, or city and county. Whenever a city, county, or city and county requires a business license, any person owning, controlling, operating, renting, managing, furnishing, or otherwise providing transportation by hot air balloon for hire shall prominently display the license only within the city or county of the person’s primary place of business frequented by customers and potential customers. Whenever a city, county, or city and county requires a business license, the person shall provide to the city, county, or city and county, a currently effective certificate of insurance evidencing insurance coverage as required in subdivision (a). A new certificate of insurance shall be provided to the city, county, or city and county, at least annually or whenever there is a material change in insurance coverage. A city, county, or city and county shall give reasonable notice of this requirement with any business license renewal notification. Every business license issued by a city, county, or city and county to any person owning, controlling, operating, renting, managing, furnishing, or otherwise providing transportation by hot air balloon for hire and every currently effective certificate of insurance evidencing insurance coverage, shall be maintained as a public record. The city, county, or city and county may charge a reasonable fee for purposes of carrying out the provisions of this subdivision. (c) Any person who violates subdivision (a) by failing to maintain insurance in force as required by subdivision (a) is guilty of a misdemeanor. Any person who violates subdivision (b) by failing to obtain and maintain a current valid city, county, or city and county business license issued by the local government jurisdiction where the person’s primary place of business is located, in accordance with subdivision (b), is guilty of a misdemeanor. (Amended by Stats. 2012, Ch. 108, Sec. 5. (AB 1524) Effective January 1, 2013.)
  21. 556.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Every common carrier must provide reasonable, proper, and equal facilities for prompt passenger interchange and transfer with other common carriers, without discrimination.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 556. Every common carrier shall afford all reasonable, proper, and equal facilities for the prompt and efficient interchange and transfer of passengers between the lines owned, operated, controlled, or leased by it and the lines of every other common carrier, and shall make such interchange and transfer promptly without discrimination between passengers or carriers as to compensation charged, service rendered, or facilities afforded. (Amended by Stats. 1999, Ch. 1005, Sec. 29. Effective January 1, 2000.)
  22. 558.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Telephone and telegraph corporations operating in the state must carry other such corporations’ conversations and messages without discrimination or delay when their lines are physically connected.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 558. Every telephone corporation and telegraph corporation operating in this State shall receive, transmit, and deliver, without discrimination or delay, the conversations and messages of every other such corporation with whose line a physical connection has been made. (Enacted by Stats. 1951, Ch. 764.)
  23. 559.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    A common carrier must establish joint rates, fares, and charges for transporting passengers and property with other common carriers, and the commission may require those joint rates, fares, and charges to be established.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 559. (a) Nothing in Sections 556 to 558, inclusive, shall limit or modify the duty of a common carrier to establish joint rates, fares, and charges for the transportation of passengers and property over the lines owned, operated, controlled, or leased by it and the lines of other common carriers, or the power of the commission to require the establishment of such joint rates, fares, and charges. (b) Subdivision (a) is not applicable to network railroad transportation. (Amended by Stats. 1999, Ch. 1005, Sec. 31. Effective January 1, 2000.)
  24. 560.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Railroad corporations must make freight-track connections, add necessary switches and tracks, and deliver and receive cars when the statutory 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 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 560. Upon the application of any shipper or receiver or contemplated shipper or receiver of freight for a connection between the railroad of a railroad corporation and its existing or contemplated private track or railroad, the railroad corporation shall make the connection, provide such switches and tracks as may be necessary for that purpose, and deliver and receive cars thereover, if the connection is reasonably practicable and can be installed and used without materially increasing the hazard of the operation of the railroad with which the connection is sought, and if the business which may reasonably be expected to be received by the railroad corporation over the connection is sufficient to justify the expense of the connection to the railroad corporation. Upon the same conditions, every railroad corporation, upon the application of any shipper or receiver or contemplated shipper or receiver of freight, shall construct upon its right of way a spur or spurs for the purpose of receiving and delivering freight thereby, and shall receive and deliver freight thereby. (Enacted by Stats. 1951, Ch. 764.)
  25. 561.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Certain passenger carriers must ban smoking in passenger seating areas and post visible no-smoking notices. People also may not smoke in spaces they know are designated for nonsmoking passengers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 561. (a) Every railroad corporation, passenger stage corporation, passenger air carrier, and street railroad corporation providing departures originating in this state shall prohibit the smoking of a tobacco product in the passenger seating area of every passenger car, passenger stage, aircraft, or other vehicle. (b) Every such corporation and carrier shall display in the passenger seating area of every passenger car, passenger stage, aircraft, or other vehicle, notices sufficient in number, posted in such locations as to be readily seen by boarding passengers, advising passengers of the no smoking requirements pursuant to subdivision (a). Words on such notices which state “No Smoking” or an equivalent phrase shall be at least three-quarters of one inch high, and any other explanatory words on the notices shall be at least one-quarter of one inch high. (c) No person shall smoke a tobacco product in a space known by him or her to be designated for nonsmoking passengers. A violation of this subdivision is not a crime. (d) As used in this section, “passenger air carrier” shall have the same meaning as provided in Sections 2741 and 2743. (e) For purposes of this section, “smoke” and “smoking” have the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (f) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 25. (SB 5 2x) Effective June 9, 2016.)
  26. 562.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The commission may order use of certain district terminal facilities by a public utility, set reasonable compensation and terms, require a certificate for passenger-ferry or related district service, and recover its reasonable hearing expenses from a complaining utility.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 562. (a) Whenever the commission, on its own motion or upon the complaint of a public utility, finds that public convenience and necessity require the use by a public utility of all, or any part, of the passenger vessel terminal facilities operated or controlled by the Golden Gate Bridge, Highway and Transportation District, and the district and the public utility are unable to agree upon the use or the terms and conditions or compensation therefor, the commission shall by order direct that the use by the public utility be permitted, and prescribe a reasonable compensation and reasonable terms and conditions to be charged and observed, including, but not limited to, all related costs of construction, capital improvement, leasing or rental, and maintenance. (b) Notwithstanding Section 27280 of the Streets and Highways Code or any other provision of law, and for purposes of this section only, the passenger vessel service of the Golden Gate Bridge, Highway and Transportation District is subject to the jurisdiction of the commission and the provisions of this part. The commission shall have no jurisdiction over the operation of passenger vessels by the Golden Gate Bridge, Highway and Transportation District or any other operation of the district except as specifically provided in this section. (c) The commission shall require that any public utility which provides passenger-ferry or other transportation service for the district first obtain a certificate of public convenience and necessity authorizing such operations. (d) Any public utility which initiates any complaint pursuant to this section shall reimburse the commission for its reasonable expenses in hearing and determining the complaint. (e) The commission may establish such rules as it determines necessary to carry out this section. (Added by Stats. 1981, Ch. 717, Sec. 1.)
  27. 564.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The commission must update General Order 131-D by January 1, 2024 to let public utility electrical corporations use the permit-to-construct process or claim an exemption for certain transmission facility projects.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Facilities [556 - 564] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 564. By January 1, 2024, the commission shall update General Order 131-D to authorize each public utility electrical corporation to use the permit-to-construct process or claim an exemption under Section III(B) of that general order to seek approval to construct an extension, expansion, upgrade, or other modification to its existing electrical transmission facilities, including electric transmission lines and substations within existing transmission easements, rights of way, or franchise agreements, irrespective of whether the electrical transmission facility is above a 200-kilovolt voltage level. (Added by Stats. 2022, Ch. 357, Sec. 1. (SB 529) Effective January 1, 2023.)
  28. 5800.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    This section says the act is named the Digital Infrastructure and Video Competition Act of 2006 and may be cited by that name.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5800. This act shall be known and may be cited as the Digital Infrastructure and Video Competition Act of 2006. (Added by Stats. 2006, Ch. 700, Sec. 3. Effective January 1, 2007.)
  29. 581.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. )

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    Public utilities must provide the commission with requested information and answer its questions fully and correctly.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. ) ## 581. Every public utility shall furnish to the commission in such form and detail as the commission prescribes all tabulations, computations, and all other information required by it to carry into effect any of the provisions of this part, and shall make specific answers to all questions submitted by the commission. Every public utility receiving from the commission any blanks with directions to fill them shall answer fully and correctly each question propounded therein, and if it is unable to answer any question, it shall give a good and sufficient reason for such failure. (Enacted by Stats. 1951, Ch. 764.)
  30. 5810.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    A video service provider must pay a franchise fee as rent to the local entity where service is provided, for use of streets, public facilities, and other rights-of-way.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5810. (a) The Legislature finds and declares all of the following: (1) Increasing competition for video and broadband services is a matter of statewide concern for all of the following reasons: (A) Video and cable services provide numerous benefits to all Californians including access to a variety of news, public information, education, and entertainment programming. (B) Increased competition in the cable and video service sector provides consumers with more choice, lowers prices, speeds the deployment of new communication and broadband technologies, creates jobs, and benefits the California economy. (C) To promote competition, the state should establish a state-issued franchise authorization process that allows market participants to use their networks and systems to provide video, voice, and broadband services to all residents of the state. (D) Competition for video service should increase opportunities for programming that appeals to California’s diverse population and many cultural communities. (2) Legislation to develop this new process should adhere to the following principles: (A) Create a fair and level playing field for all market competitors that does not disadvantage or advantage one service provider or technology over another. (B) Promote the widespread access to the most technologically advanced cable and video services to all California communities in a nondiscriminatory manner regardless of socioeconomic status. (C) Protect local government revenues and control of public rights-of-way. (D) Require market participants to comply with all applicable consumer protection laws. (E) Complement efforts to increase investment in broadband infrastructure and close the digital divide. (F) Continue access to and maintenance of the public, education, and government (PEG) channels. (G) Maintain all existing authority of the California Public Utilities Commission as established in state and federal statutes. (3) The public interest is best served when sufficient funds are appropriated to the commission to provide adequate staff and resources to appropriately and timely process applications of video service providers and to ensure full compliance with the requirements of this division. It is the intent of the Legislature that, although video service providers are not public utilities or common carriers, the commission shall collect any fees authorized by this division in the same manner and under the same terms as it collects fees from common carriers, electrical corporations, gas corporations, telephone corporations, telegraph corporations, water corporations, and every other public utility providing service directly to customers or subscribers subject to its jurisdiction such that it does not discriminate against video service providers or their subscribers. (4) Providing an incumbent cable operator the option to secure a state-issued franchise through the preemption of an existing cable franchise between a cable operator and any political subdivision of the state, including, but not limited to, a charter city, county, or city and county, is an essential element of the new regulatory framework established by this act as a matter of statewide concern to best ensure equal protection and parity among providers and technologies, as well as to achieve the goals stated by the Legislature in enacting this act. (b) It is the intent of the Legislature that a video service provider shall pay as rent a franchise fee to the local entity in whose jurisdiction service is being provided for the continued use of streets, public facilities, and other rights-of-way of the local entity in order to provide service. The Legislature recognizes that local entities should be compensated for the use of the public rights-of-way and that the franchise fee is intended to compensate them in the form of rent or a toll, similar to that which the court found to be appropriate in Santa Barbara County Taxpayers Association v. Board of Supervisors for the County of Santa Barbara (1989) 209 Cal. App. 3d 940. (c) It is the intent of the Legislature that collective bargaining agreements be respected. (d) It is the intent of the Legislature that the definition of gross revenues in this division shall result in local entities maintaining their existing level of revenue from franchise fees. (Amended by Stats. 2007, Ch. 123, Sec. 1. Effective January 1, 2008.)
  31. 582.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. )

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    If the commission requires it, every public utility must provide specified records and a complete inventory of its property 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. ) ## 582. Whenever required by the commission, every public utility shall deliver to the commission copies of any or all maps, profiles, contracts, agreements, franchises, reports, books, accounts, papers, and records in its possession or in any way relating to its property or affecting its business, and also a complete inventory of all its property in such form as the commission may direct. (Enacted by Stats. 1951, Ch. 764.)
  32. 5820.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    This section limits how the division affects franchise rights, environmental obligations, local environmental review authority, and the commission’s authority over video service rates and terms.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5820. (a) Nothing in this division shall be deemed as creating a vested right in a state-issued franchise by the franchise holder or its affiliates that would preclude the state from amending the provisions that establish the terms and conditions of a franchise. (b) Nothing in this division shall be construed to eliminate or reduce a telephone corporation’s or video service provider’s obligations under any applicable state or federal environmental protection laws. The local entity shall serve as the lead agency for any environmental review under this division and may impose conditions to mitigate environmental impacts of the applicant’s use of the public rights-of-way that may be required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (c) The holder of a state franchise shall not be deemed a public utility as a result of providing video service under this division. This division shall not be construed as granting authority to the commission to regulate the rates, terms, and conditions of video services, except as explicitly set forth in this division. (Added by Stats. 2006, Ch. 700, Sec. 3. Effective January 1, 2007.)
  33. 583.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. )

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    Commission-held information from specified public utilities and related companies is generally confidential, with limited disclosure 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. ) ## 583. (a) No information furnished to the commission by a public utility, a business that is a subsidiary or affiliate of a public utility, or a corporation that holds a controlling interest in a public utility, except those matters specifically required to be open to public inspection by this part, shall be open to public inspection or made public, except on order of the commission or by the commission or a commissioner in the course of a hearing or proceeding. A present or former officer or employee of the commission who divulges that information is guilty of a misdemeanor. (b) Notwithstanding subdivision (a) or any other law, a present officer or employee of the commission may share information with the Independent System Operator pursuant to an agreement to treat the shared information as confidential. (Amended by Stats. 2022, Ch. 361, Sec. 6. (SB 1020) Effective January 1, 2023.)
  34. 5830.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    This section defines key terms used in this division.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5830. For purposes of this division, the following words have the following meanings: (a) “Broadband” means any service defined as broadband in the most recent Federal Communications Commission inquiry pursuant to Section 706 of the Telecommunications Act of 1996 (P.L. 104-104). (b) “Cable operator” means any person or group of persons that either provides cable service over a cable system and directly, or through one or more affiliates, owns a significant interest in a cable system; or that otherwise controls or is responsible for, through any arrangement, the management and operation of a cable system, as set forth in Section 522(5) of Title 47 of the United States Code. (c) “Cable service” is defined as the one-way transmission to subscribers of either video programming, or other programming service, and subscriber interaction, if any, that is required for the selection or use of video programming or other programming service, as set forth in Section 522(6) of Title 47 of the United States Code. (d) “Cable system” is defined as set forth in Section 522(7) of Title 47 of the United States Code. (e) “Commission” means the Public Utilities Commission. (f) “Franchise” means an initial authorization, or renewal of an authorization, issued by a franchising entity, regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction and operation of any network in the right-of-way capable of providing video service to subscribers. (g) “Franchise fee” means the fee adopted pursuant to Section 5840. (h) “Holder” or “holder of a state franchise” means a person or group of persons that has been issued a state franchise from the commission pursuant to this division. (i) “Incumbent cable operator” means a cable operator or OVS serving subscribers under a franchise in a particular city, county, or city and county franchise area on January 1, 2007. (j) “Local entity” means any city, county, city and county, or joint powers authority within the state within whose jurisdiction a holder of a state franchise under this division may provide cable service or video service. (k) “Local franchising entity” means the city, county, city and county, or joint powers authority entitled to require franchises and impose fees on cable operators, as set forth in Section 53066 of the Government Code. (l) “Network” means a component of a facility that is wholly or partly physically located within a public right-of-way and that is used to provide video service, cable service, voice, or data services. (m) “Open-video system” or “OVS” means those services set forth in Section 573 of Title 47 of the United States Code. (n) “OVS operator” means any person or group of persons that either provides cable service over an open-video system directly, or through one or more affiliates, owns a significant interest in an open-video system, or that otherwise controls or is responsible for, through any arrangement, the management of an open-video system. (o) “Public rights-of-way” means the area along and upon any public road or highway, or along or across any of the waters or lands within the state. (p) “State franchise” means a franchise that is issued pursuant to this division. (q) “Subscriber” means a person who lawfully receives video service from the holder of a state franchise for a fee. (r) “Video programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, as set forth in Section 522(20) of Title 47 of the United States Code. (s) “Video service” means video programming services, cable service, or OVS service provided through facilities located at least in part in public rights-of-way without regard to delivery technology, including Internet protocol or other technology. This definition does not include (1) any video programming provided by a commercial mobile service provider defined in Section 332(d) of Title 47 of the United States Code, or (2) video programming provided as part of, and via, a service that enables users to access content, information, electronic mail, or other services offered over the public Internet. (t) “Video service provider” means an entity providing video service. (Amended by Stats. 2007, Ch. 123, Sec. 2. Effective January 1, 2008.)
  35. 584.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. )

    Verify source ↗

    Public utilities must give the commission reports in the form and at the time the commission requires, answer the commission’s questions, and put reports under oath when required.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. ) ## 584. Every public utility shall furnish such reports to the commission at such time and in such form as the commission may require in which the utility shall specifically answer all questions propounded by the commission. The commission may require any public utility to file monthly reports of earnings and expenses, and to file periodical or special reports, or both, concerning any matter about which the commission is authorized by any law to inquire or to keep itself informed, or which it is required to enforce. All reports shall be under oath when required by the commission. (Amended by Stats. 1978, Ch. 278.)
  36. 5840.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    This section makes the commission the sole franchising authority for state video-service franchises and sets application, notice, transfer, and fee rules.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5840. (a) The commission is the sole franchising authority for a state franchise to provide video service under this division. Neither the commission nor any local franchising entity or other local entity of the state may require the holder of a state franchise to obtain a separate franchise or otherwise impose any requirement on any holder of a state franchise except as expressly provided in this division. Sections 53066, 53066.01, 53066.2, and 53066.3 of the Government Code shall not apply to holders of a state franchise. (b) The application process described in this section and the authority granted to the commission under this section shall not exceed the provisions set forth in this section. (c) Any person or corporation who seeks to provide video service in this state for which a franchise has not already been issued, after January 1, 2008, shall file an application for a state franchise with the commission. The commission may impose a fee on the applicant that shall not exceed the actual and reasonable costs of processing the application and shall not be levied for general revenue purposes. (d) No person or corporation shall be eligible for a state-issued franchise, including a franchise obtained from renewal or transfer of an existing franchise, if that person or corporation is in violation of any final nonappealable order relating to either the Cable Television and Video Provider Customer Service and Information Act (Article 3.5 (commencing with Section 53054) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code) or the Video Customer Service Act (Article 4.5 (commencing with Section 53088) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code). (e) The application for a state franchise shall be made on a form prescribed by the commission and shall include all of the following: (1) A sworn affidavit, signed under penalty of perjury by an officer or another person authorized to bind the applicant, that affirms all of the following: (A) That the applicant has filed or will timely file with the Federal Communications Commission all forms required by the Federal Communications Commission before offering cable service or video service in this state. (B) That the applicant or its affiliates agrees to comply with all federal and state statutes, rules, and regulations, including, but not limited to, the following: (i) A statement that the applicant will not discriminate in the provision of video or cable services as provided in Section 5890. (ii) A statement that the applicant will abide by all applicable consumer protection laws and rules as provided in Section 5900. (iii) A statement that the applicant will remit the fee required by subdivision (a) of Section 5860 to the local entity. (iv) A statement that the applicant will provide PEG channels and the required funding as required by Section 5870. (C) That the applicant agrees to comply with all lawful city, county, or city and county regulations regarding the time, place, and manner of using the public rights-of-way, including, but not limited to, payment of applicable encroachment, permit, and inspection fees. (D) That the applicant will concurrently deliver a copy of the application to any local entity where the applicant will provide service. (2) The applicant’s legal name and any name under which the applicant does or will do business in this state. (3) The address and telephone number of the applicant’s principal place of business, along with contact information for the person responsible for ongoing communications with the commission. (4) The names and titles of the applicant’s principal officers. (5) The legal name, address, and telephone number of the applicant’s parent company, if any. (6) A description of the video service area footprint that is proposed to be served, as identified by a collection of United States Census Bureau Block numbers (13 digit) or a geographic information system digital boundary meeting or exceeding national map accuracy standards. This description shall include the socioeconomic status information of all residents within the service area footprint. (7) If the applicant is a telephone corporation or an affiliate of a telephone corporation, as defined in Section 234, a description of the territory in which the company provides telephone service. The description shall include socioeconomic status information of all residents within the telephone corporation’s service territory. (8) The expected date for the deployment of video service in each of the areas identified in paragraph (6). (9) Adequate assurance that the applicant possesses the financial, legal, and technical qualifications necessary to construct and operate the proposed system and promptly repair any damage to the public right-of-way caused by the applicant. To accomplish these requirements, the commission may require a bond. (f) The commission may require that a corporation with wholly owned subsidiaries or affiliates is eligible only for a single state-issued franchise and prohibit the holding of multiple franchises through separate subsidiaries or affiliates. The commission may establish procedures for a holder of a state-issued franchise to amend its franchise to reflect changes in its service area. (g) The commission shall commence accepting applications for a state franchise no later than April 1, 2007. (h) (1) The commission shall notify an applicant for a state franchise and any affected local entities whether the applicant’s application is complete or incomplete before the 30th calendar day after the applicant submits the application. (2) If the commission finds the application is complete, it shall issue a state franchise before the 14th calendar day after that finding. (3) If the commission finds that the application is incomplete, it shall specify with particularity the items in the application that are incomplete and permit the applicant to amend the application to cure any deficiency. The commission shall have 30 calendar days from the date the application is amended to determine its completeness. (4) The failure of the commission to notify the applicant of the completeness or incompleteness of the application before the 44th calendar day after receipt of an application shall be deemed to constitute issuance of the certificate applied for without further action on behalf of the applicant. (i) The state franchise issued by the commission shall contain all of the following: (1) A grant of authority to provide video service in the service area footprint as requested in the application. (2) A grant of authority to use the public rights-of-way, in exchange for the franchise fee adopted under subdivision (q), in the delivery of video service, subject to the laws of this state. (3) A statement that the grant of authority is subject to lawful operation of the cable service or video service by the applicant or its successor in interest. (j) The state franchise issued by the commission may be terminated by the video service provider by submitting at least 90 days prior written notice to subscribers, local entities, and the commission. (k) It is unlawful to provide video service without a state or locally issued franchise. (l) Subject to the notice requirements of this division, a state franchise may be transferred to any successor in interest of the holder to which the certificate is originally granted, provided that the transferee first submits all of the information required of the applicant by this section to the commission and is in compliance with Section 5970. (m) In connection with, or as a condition of, receiving a state franchise, the commission shall require a holder to notify the commission and any applicable local entity within 14 business days of any of the following changes involving the holder of the state franchise: (1) Any transaction involving a change in the ownership, operation, control, or corporate organization of the holder, including a merger, an acquisition, or a reorganization. (2) A change in the holder’s legal name or the adoption of, or change to, an assumed business name. The holder shall submit to the commission a certified copy of either of the following: (A) The proposed amendment to the state franchise. (B) The certificate of assumed business name. (3) A change in the holder’s principal business address or in the name of the person authorized to receive notice on behalf of the holder. (4) Any transfer of the state franchise to a successor in interest of the holder. The holder shall identify the successor in interest to which the transfer is made. (5) The termination of any state franchise issued under this division. The holder shall identify both of the following: (A) The number of subscribers in the service area covered by the state franchise being terminated. (B) The method by which the holder’s subscribers were notified of the termination. (6) A change in one or more of the service areas of the holder of a state franchise pursuant to this division that would increase or decrease the territory within the service area. The holder shall describe the new boundaries of the affected service areas after the proposed change is made. (n) Prior to offering video service in a local entity’s jurisdiction, the holder of a state franchise shall notify the local entity that the video service provider will provide video service in the local entity’s jurisdiction. The notice shall be given at least 10 days, but no more than 60 days, before the video service provider begins to offer service. (o) Any video service provider that currently holds a franchise with a local franchising entity is entitled to seek a state franchise in the area designated in that franchise upon meeting any of the following conditions: (1) The expiration, prior to any renewal or extension, of its local franchise. (2) A mutually agreed upon date set by both the local franchising entity and video service provider to terminate the franchise provided in writing by both parties to the commission. (3) When a video service provider that holds a state franchise provides the notice required pursuant to subdivision (n) to a local jurisdiction that it intends to initiate providing video service in all or part of that jurisdiction, a video service provider operating under a franchise issued by a local franchising entity may elect to obtain a state franchise to replace its locally issued franchise. The franchise issued by the local franchising entity shall terminate and be replaced by a state franchise when the commission issues a state franchise for the video service provider that includes the entire service area served by the video service provider and the video service provider notifies the local entity that it will begin providing video service in that area under a state franchise. (p) Notwithstanding any rights to the contrary, an incumbent cable operator opting into a state franchise under this section shall continue to serve all areas as required by its local franchise agreement existing on January 1, 2007, until that local franchise otherwise would have expired. However, an incumbent cable operator that is also a telephone corporation with less than 1,000,000 telephone customers in California and is providing video service in competition with another incumbent cable operator shall not be required to provide service beyond the area in which it is providing video service as of January 1, 2007. (q) (1) There is hereby adopted a state franchise fee payable as rent or a toll for the use of the public rights-of-way by holders of the state franchise issued pursuant to this division. The amount of the state franchise fee shall be 5 percent of gross revenues, as defined in subdivision (d) of Section 5860, or the percentage applied by the local entity to the gross revenue of the incumbent cable operator, whichever is less. If there is no incumbent cable operator or upon the expiration of the incumbent cable operator’s franchise, the amount of the state franchise fee shall be 5 percent of gross revenues, as defined in subdivision (d) of Section 5860, unless the local entity adopts an ordinance setting the amount of the franchise fee at less than 5 percent. (2) (A) The state franchise fee shall apply equally to all video service providers in the local entity’s jurisdiction. (B) Notwithstanding subparagraph (A), if the video service provider is leasing access to a network owned by a local entity, the local entity may set a franchise fee for access to the network different from the franchise fee charged to a video service provider for access to the rights-of-way to install its own network. (Amended by Stats. 2007, Ch. 123, Sec. 3. Effective January 1, 2008.)
  37. 585.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. )

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    Public utilities and certain related businesses must give the commission access to relevant computer models in rate-related proceedings, except for common carriers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. ) ## 585. (a) Except as provided in subdivision (d), every public utility and business specified in subdivision (b) shall in any rate proceeding or proceeding establishing a fact or rule that may influence a rate, provide the commission with access to all computer models, as defined in Section 1821, which are used by that public utility or business to substantiate their showing in the proceeding. (b) The commission shall, by rule or order, with full opportunity for participation by utilities and other affected parties, establish procedures and safeguards governing its access to, and monitoring, verification, and use of, computer models of every public utility and of any business which is a commission regulated subsidiary or affiliate of a public utility with respect to any rate proceeding or proceeding establishing a fact or rule that may influence a rate. The time, place, and manner of commission access shall, to the extent practicable, be the subject of mutual agreement between the commission and the affected utility, and the parties shall make every good faith effort to reach agreement. If an agreement is reached, it shall include, but is not limited to, provisions to reasonably assure the legitimate needs for security of the public utilities’ computer resources. These provisions shall provide for the confidentiality of records, the protection of proprietary information, and the protection of the reasonable expectation of customers of public utilities in the privacy of customer-specific records maintained by the utility. If no agreement is reached, any order issued by the commission requiring computer access shall include, but is not limited to, provisions providing for the security of the utility’s data bases, confidentiality of records, protection of proprietary information, and the privacy of customer-specific records maintained by the utility. The commission shall convene a proceeding to adopt these rules as soon as possible after the operative date of the act adding this section to the code. (c) This section shall not expand or limit any powers of the commission to prescribe the manner of keeping books, records, and systems of accounts of public utilities and to investigate any of these books, records, systems of accounts, or memoranda under existing law, or any other power of the commission under existing law. Any utility may object to a rule or order of the commission concerning the access prescribed herein under the rules of procedure of the commission consistent with existing law. (d) This section does not apply to common carriers. (Added by Stats. 1985, Ch. 1297, Sec. 2.)
  38. 5850.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    A state-issued franchise is valid for 10 years, and the holder must apply to renew it if it wants to keep providing video services after expiration.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5850. (a) A state-issued franchise shall only be valid for 10 years after the date of issuance, and the holder shall apply for a renewal of the state franchise for an additional 10-year period if it wishes to continue to provide video services in the area covered by the franchise after the expiration of the franchise. (b) Except as provided in this section, the criteria and process described in Section 5840 shall apply to a renewal registration, and the commission shall not impose any additional or different criteria. (c) Renewal of a state franchise shall be consistent with federal law and regulations. (d) The commission shall not renew the franchise if the video service provider is in violation of any final nonappealable court order issued pursuant to this division. (Amended by Stats. 2007, Ch. 123, Sec. 4. Effective January 1, 2008.)
  39. 5860.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    A state franchise holder that offers video service in a local entity’s jurisdiction must calculate and remit a franchise fee, follow quarterly payment and reporting rules, and keep revenue records for at least four years.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5860. (a) The holder of a state franchise that offers video service within the jurisdiction of the local entity shall calculate and remit to the local entity a state franchise fee, adopted pursuant to subdivision (q) of Section 5840, as provided in this section. The obligation to remit the franchise fee to a local entity begins immediately upon provision of video service within that local entity’s jurisdiction. However, the remittance shall not be due until the time of the first quarterly payment required under subdivision (h) that is at least 180 days after the provision of service began. The fee remitted to a city or city and county shall be based on gross revenues, as defined in subdivision (d), derived from the provision of video service within that jurisdiction. The fee remitted to a county shall be based on gross revenues earned within the unincorporated area of the county. No fee under this section shall become due unless the local entity provides documentation to the holder of the state franchise supporting the percentage paid by the incumbent cable operator serving the area within the local entity’s jurisdiction. The fee shall be calculated as a percentage of the holder’s gross revenues, as defined in subdivision (d). The fee remitted to the local entity pursuant to this section may be used by the local entity for any lawful purpose. (b) The state franchise fee shall be a percentage of the holder’s gross revenues, as defined in subdivision (d). (c) No local entity or any other political subdivision of this state may demand any additional fees or charges or other remuneration of any kind from the holder of a state franchise based solely on its status as a provider of video or cable services other than as set forth in this division and may not demand the use of any other calculation method or definition of gross revenues. However, nothing in this section shall be construed to limit a local entity’s ability to impose utility user taxes and other generally applicable taxes, fees, and charges under other applicable provisions of state law that are applied in a nondiscriminatory and competitively neutral manner. (d) For purposes of this section, the term “gross revenues” means all revenue actually received by the holder of a state franchise, as determined in accordance with generally accepted accounting principles, that is derived from the operation of the holder’s network to provide cable or video service within the jurisdiction of the local entity, including all of the following: (1) All charges billed to subscribers for any and all cable service or video service provided by the holder of a state franchise, including all revenue related to programming provided to the subscriber, equipment rentals, late fees, and insufficient fund fees. (2) Franchise fees imposed on the holder of a state franchise by this section that are passed through to, and paid by, the subscribers. (3) Compensation received by the holder of a state franchise that is derived from the operation of the holder’s network to provide cable service or video service with respect to commissions that are paid to the holder of a state franchise as compensation for promotion or exhibition of any products or services on the holder’s network, such as a “home shopping” or similar channel, subject to paragraph (4) of subdivision (e). (4) A pro rata portion of all revenue derived by the holder of a state franchise or its affiliates pursuant to compensation arrangements for advertising derived from the operation of the holder’s network to provide video service within the jurisdiction of the local entity, subject to paragraph (1) of subdivision (e). The allocation shall be based on the number of subscribers in the local entity divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. (e) For purposes of this section, the term “gross revenue” set forth in subdivision (d) does not include any of the following: (1) Amounts not actually received, even if billed, such as bad debt; refunds, rebates, or discounts to subscribers or other third parties; or revenue imputed from the provision of cable services or video services for free or at reduced rates to any person as required or allowed by law, including, but not limited to, the provision of these services to public institutions, public schools, governmental agencies, or employees except that forgone revenue chosen not to be received in exchange for trades, barters, services, or other items of value shall be included in gross revenue. (2) Revenues received by any affiliate or any other person in exchange for supplying goods or services used by the holder of a state franchise to provide cable services or video services. However, revenue received by an affiliate of the holder from the affiliate’s provision of cable or video service shall be included in gross revenue as follows: (A) To the extent that treating the revenue as revenue of the affiliate, instead of revenue of the holder, would have the effect of evading the payment of fees that would otherwise be paid to the local entity. (B) The revenue is not otherwise subject to fees to be paid to the local entity. (3) Revenue derived from services classified as noncable services or nonvideo services under federal law, including, but not limited to, revenue derived from telecommunications services and information services, other than cable services or video services, and any other revenues attributed by the holder of a state franchise to noncable services or nonvideo services in accordance with Federal Communications Commission rules, regulations, standards, or orders. (4) Revenue paid by subscribers to “home shopping” or similar networks directly from the sale of merchandise through any home shopping channel offered as part of the cable services or video services. However, commissions or other compensation paid to the holder of a state franchise by “home shopping” or similar networks for the promotion or exhibition of products or services shall be included in gross revenue. (5) Revenue from the sale of cable services or video services for resale in which the reseller is required to collect a fee similar to the franchise fee from the reseller’s subscribers. (6) Amounts billed to, and collected from, subscribers to recover any tax, fee, or surcharge imposed by any governmental entity on the holder of a state franchise, including, but not limited to, sales and use taxes, gross receipts taxes, excise taxes, utility users taxes, public service taxes, communication taxes, and any other fee not imposed by this section. (7) Revenue from the sale of capital assets or surplus equipment not used by the purchaser to receive cable services or video services from the seller of those assets or surplus equipment. (8) Revenue from directory or Internet advertising revenue, including, but not limited to, yellow pages, white pages, banner advertisement, and electronic publishing. (9) Revenue received as reimbursement by programmers of specific, identifiable marketing costs incurred by the holder of a state franchise for the introduction of new programming. (10) Security deposits received from subscribers, excluding security deposits applied to the outstanding balance of a subscriber’s account and thereby taken into revenue. (f) For the purposes of this section, in the case of a video service that may be bundled or integrated functionally with other services, capabilities, or applications, the state franchise fee shall be applied only to the gross revenue, as defined in subdivision (d), attributable to video service. Where the holder of a state franchise or any affiliate bundles, integrates, ties, or combines video services with nonvideo services creating a bundled package, so that subscribers pay a single fee for more than one class of service or receive a discount on video services, gross revenues shall be determined based on an equal allocation of the package discount, that is, the total price of the individual classes of service at advertised rates compared to the package price, among all classes of service comprising the package. The holder’s offering a bundled package shall not be deemed a promotional activity. If the holder of a state franchise does not offer any component of the bundled package separately, the holder of a state franchise shall declare a stated retail value for each component based on reasonable comparable prices for the product or service for the purpose of determining franchise fees based on the package discount. (g) For the purposes of determining gross revenue under this division, a video service provider shall use the same method of determining revenues under generally accepted accounting principals as that which the video service provider uses in determining revenues for the purpose of reporting to national and state regulatory agencies. (h) The state franchise fee shall be remitted to the applicable local entity quarterly, within 45 days after the end of the quarter for that calendar quarter. Each payment shall be accompanied by a summary explaining the basis for the calculation of the state franchise fee. If the holder does not pay the franchise fee when due, the holder shall pay a late payment charge at a rate per year equal to the highest prime lending rate during the period of delinquency, plus 1 percent. If the holder has overpaid the franchise fee, it may deduct the overpayment from its next quarterly payment. (i) Not more than once annually, a local entity may examine the business records of a holder of a state franchise to the extent reasonably necessary to ensure compensation in accordance with this section. The holder shall keep all business records reflecting any gross revenues, even if there is a change in ownership, for at least four years after those revenues are recognized by the holder on its books and records. If the examination discloses that the holder has underpaid franchise fees by more than 5 percent during the examination period, the holder shall pay all of the reasonable and actual costs of the examination. If the examination discloses that the holder has not underpaid franchise fees, the local entity shall pay all of the reasonable and actual costs of the examination. In every other instance, each party shall bear its own costs of the examination. Any claims by a local entity that compensation is not in accordance with subdivision (a), and any claims for refunds or other corrections to the remittance of the holder of a state franchise, shall be made within three years and 45 days of the end of the quarter for which compensation is remitted, or three years from the date of the remittance, whichever is later. Either a local entity or the holder may, in the event of a dispute concerning compensation under this section, bring an action in a court of competent jurisdiction. (j) The holder of a state franchise may identify and collect the amount of the state franchise fee as a separate line item on the regular bill of each subscriber. (Amended by Stats. 2007, Ch. 123, Sec. 5. Effective January 1, 2008.)
  40. 587.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. )

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    Certain water, electrical, gas, and telephone corporations must file an annual report with the commission about significant related-party transactions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. ) ## 587. Every water corporation with more than 2,000 service connections, and every electrical, gas, and telephone corporation shall annually prepare and submit to the commission a report describing all significant transactions, as specified by the commission, between the corporation and every subsidiary or affiliate of, or corporation holding a controlling interest in, the water, electrical, gas, or telephone corporation. The report shall identify the nature of the transactions and the terms and conditions applying to them, including, but not limited to, the basis upon which cost allocations and transfer pricing were established for the transactions. (Amended by Stats. 2012, Ch. 224, Sec. 3. (SB 1364) Effective January 1, 2013.)
  41. 5870.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    A state-franchise holder must reserve and carry enough capacity for PEG channels, meet timing and interconnection duties, and follow rules for PEG use, fees, and channel restoration.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5870. (a) The holder of a state franchise shall designate a sufficient amount of capacity on its network to allow the provision of the same number of public, educational, and governmental access (PEG) channels, as are activated and provided by the incumbent cable operator that has simultaneously activated and provided the greatest number of PEG channels within the local entity under the terms of any franchise in effect in the local entity as of January 1, 2007. For the purposes of this section, a PEG channel is deemed activated if it is being utilized for PEG programming within the local entity’s jurisdiction for at least eight hours per day. The holder shall have three months from the date the local entity requests the PEG channels to designate the capacity. However, the three-month period shall be tolled by any period during which the designation or provision of PEG channel capacity is technically infeasible, including any failure or delay of the incumbent cable operator to make adequate interconnection available, as required by this section. (b) The PEG channels shall be for the exclusive use of the local entity or its designee to provide public, educational, and governmental channels. The PEG channels shall be used only for noncommercial purposes. However, advertising, underwriting, or sponsorship recognition may be carried on the channels for the purpose of funding PEG-related activities. The PEG channels shall all be carried on the basic service tier. To the extent feasible, the PEG channels shall not be separated numerically from other channels carried on the basic service tier and the channel numbers for the PEG channels shall be the same channel numbers used by the incumbent cable operator unless prohibited by federal law. After the initial designation of PEG channel numbers, the channel numbers shall not be changed without the agreement of the local entity unless the change is required by federal law. Each channel shall be capable of carrying a National Television System Committee (NTSC) television signal. (c) (1) If less than three PEG channels are activated and provided within the local entity as of January 1, 2007, a local entity whose jurisdiction lies within the authorized service area of the holder of a state franchise may initially request the holder to designate not more than a total of three PEG channels. (2) The holder shall have three months from the date of the request to designate the capacity. However, the three-month period shall be tolled by any period during which the designation or provision of PEG channel capacity is technically infeasible, including any failure or delay of the incumbent cable operator to make adequate interconnection available, as required by this section. (d) (1) The holder shall provide an additional PEG channel when the nonduplicated locally produced video programming televised on a given channel exceeds 56 hours per week as measured on a quarterly basis. The additional channel shall not be used for any purpose other than to continue programming additional government, education, or public access television. (2) For the purposes of this section, “locally produced video programming” means programming produced or provided by any local resident, the local entity, or any local public or private agency that provides services to residents of the franchise area; or any transmission of a meeting or proceeding of any local, state, or federal governmental entity. (e) Any PEG channel provided pursuant to this section that is not utilized by the local entity for at least eight hours per day as measured on a quarterly basis may no longer be made available to the local entity, and may be programmed at the holder’s discretion. At the time that the local entity can certify to the holder a schedule for at least eight hours of daily programming, the holder of the state franchise shall restore the channel or channels for the use of the local entity. (f) The content to be provided over the PEG channel capacity provided pursuant to this section shall be the responsibility of the local entity or its designee receiving the benefit of that capacity, and the holder of a state franchise bears only the responsibility for the transmission of that content, subject to technological restraints. (g) (1) The local entity shall ensure that all transmissions, content, or programming to be transmitted by a holder of a state franchise are provided or submitted in a manner or form that is compatible with the holder’s network, if the local entity produces or maintains the PEG programming in that manner or form. If the local entity does not produce or maintain PEG programming in that manner or form, then the local entity may submit or provide PEG programming in a manner or form that is standard in the industry. The holder shall be responsible for any changes in the form of the transmission necessary to make it compatible with the technology or protocol utilized by the holder to deliver services. If the holder is required to change the form of the transmission, the local entity shall permit the holder to do so in a manner that is most economical to the holder. (2) The provision of those transmissions, content, or programming to the holder of a state franchise shall constitute authorization for the holder to carry those transmissions, content, or programming. The holder may carry the transmission, content, or programming outside of the local entity’s jurisdiction if the holder agrees to pay the local entity or its designee any incremental licensing costs incurred by the local entity or its designee associated with that transmission. A local entity shall not enter into a licensing agreement that imposes higher proportional costs for transmission to subscribers outside the local entity’s jurisdiction. (3) The PEG signal shall be receivable by all subscribers, whether they receive digital or analog service, or a combination thereof, without the need for any equipment other than the equipment necessary to receive the lowest cost tier of service. The PEG access capacity provided shall be of similar quality and functionality to that offered by commercial channels on the lowest cost tier of service unless the signal is provided to the holder at a lower quality or with less functionality. (h) Where technically feasible, the holder of a state franchise and an incumbent cable operator shall negotiate in good faith to interconnect their networks for the purpose of providing PEG programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. Holders of a state franchise and incumbent cable operators shall provide interconnection of the PEG channels on reasonable terms and conditions and may not withhold the interconnection. If a holder of a state franchise and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the local entity may require the incumbent cable operator to allow the holder to interconnect its network with the incumbent’s network at a technically feasible point on the holder’s network as identified by the holder. If no technically feasible point for interconnection is available, the holder of a state franchise shall make an interconnection available to the channel originator and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the holder requesting the interconnection unless otherwise agreed to by the parties. (i) A holder of a state franchise shall not be required to interconnect for, or otherwise to transmit, PEG content that is branded with the logo, name, or other identifying marks of another cable operator or video service provider. For purposes of this section, PEG content is not branded if it includes only production credits or other similar information displayed at the conclusion of a program. The local entity may require a cable operator or video service provider to remove its logo, name, or other identifying marks from PEG content that is to be made available through interconnection to another provider of PEG capacity. (j) In addition to any provision for the PEG channels required under subdivisions (a) to (i), inclusive, the holder shall reserve, designate, and, upon request, activate a channel for carriage of state public affairs programming administered by the state. (k) All obligations to provide and support PEG channel facilities and institutional networks and to provide cable services to community buildings contained in a locally issued franchise existing on December 31, 2006, shall continue until the local franchise expires, until the term of the franchise would have expired if it had not been terminated pursuant to subdivision (o) of Section 5840, or until January 1, 2009, whichever is later. (l) After January 1, 2007, and until the expiration of the incumbent cable operator’s franchise, if the incumbent cable operator has existing unsatisfied obligations under the franchise to remit to the local entity any cash payments for the ongoing costs of public, educational, and government access channel facilities or institutional networks, the local entity shall divide those cash payments among all cable or video providers as provided in this section. The fee shall be the holder’s pro rata per subscriber share of the cash payment required to be paid by the incumbent cable operator to the local entity for the costs of PEG channel facilities. All video service providers and the incumbent cable operator shall be subject to the same requirements for recurring payments for the support of PEG channel facilities and institutional networks, whether expressed as a percentage of gross revenue or as an amount per subscriber, per month, or otherwise. (m) In determining the fee described in subdivision (l) on a pro rata per subscriber basis, all cable and video service providers shall report, for the period in question, to the local entity the total number of subscribers served within the local entity’s jurisdiction, which shall be treated as confidential by the local entity and shall be used only to derive the per subscriber fee required by this section. The local entity shall then determine the payment due from each provider based on a per subscriber basis for the period by multiplying the unsatisfied cash payments for the ongoing capital costs of PEG channel facilities by a ratio of the reported subscribers of each provider to the total subscribers within the local entity as of the end of the period. The local entity shall notify the respective providers, in writing, of the resulting pro rata amount. After the notice, any fees required by this section shall be remitted to the applicable local entity quarterly, within 45 days after the end of the quarter for the preceding calendar quarter, and may only be used by the local entity as authorized under federal law. (n) A local entity may, by ordinance, establish a fee to support PEG channel facilities consistent with federal law that would become effective subsequent to the expiration of any fee imposed pursuant to subdivision (l). If no such fee exists, the local entity may establish the fee at any time. The fee shall not exceed 1 percent of the holder’s gross revenues, as defined in Section 5860. Notwithstanding this limitation, if, on December 31, 2006, a local entity is imposing a separate fee to support PEG channel facilities that is in excess of 1 percent, that entity may, by ordinance, establish a fee no greater than that separate fee, and in no event greater than 3 percent, to support PEG activities. The ordinance shall expire, and may be reauthorized, upon the expiration of the state franchise. (o) The holder of a state franchise may recover the amount of any fee remitted to a local entity under this section by billing a recovery fee as a separate line item on the regular bill of each subscriber. (p) A court of competent jurisdiction shall have exclusive jurisdiction to enforce any requirement under this section or resolve any dispute regarding the requirements set forth in this section, and no provider may be barred from the provision of service or be required to terminate service as a result of that dispute or enforcement action. (Amended by Stats. 2007, Ch. 123, Sec. 6. Effective January 1, 2008.)
  42. 588.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. )

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    This section lets certain district attorney inspectors or investigators get limited customer information from telephone, gas, and electric utilities, but not customer usage data unless there is a court order or subpoena.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. ) ## 588. (a) Notwithstanding any regulation, tariff, opinion, or interim opinion of the Public Utilities Commission, or any other provision of law, an inspector or investigator, as defined in Section 830.1 of the Penal Code, who is employed in the office of a district attorney may request and shall receive from telephone, gas, and electric public utilities customer information limited to the full name, date of birth, social security number, address, prior address, forwarding address, place of employment, and date of service instituted, terminated, or suspended by, utility customers to the extent the information is stored within the utility records and computer data bases. However, in no case shall information be released disclosing customer usage of the services provided by the utility without a court order or subpoena. (b) In order to protect the privacy interest of utility customers, a request to a public utility for customer information pursuant to this section shall meet the following requirements: (1) The requested information is relevant and material to an investigation pursuant to Sections 3130, 3131, 3132, 3133, and 3134 of the Family Code concerning the kidnapping, abduction, concealment, detention, or retention of a minor child and that the inspector or investigator requesting the information has a reasonable, good faith belief that the utility customer information is needed to assist the inspector or investigator in the location or recovery of a minor child or abductor, coconspirator or aider and abettor of the continuing crime of child abduction or concealment. (2) Only inspectors and investigators as defined in Section 830.1 of the Penal Code, who are employed in the office of a district attorney whose names have been submitted to the utility in writing by a district attorney’s office, may request and receive customer and customer service information pursuant to this section. Each district attorney’s office shall ensure that each public utility has at all times a current list of the names of inspectors and investigators authorized to request and receive customer and customer service information. Each district attorney’s office shall immediately notify the utility in writing and withdraw the names of inspectors and investigators from the authorized list who no longer have a need for the access. (3) This section does not authorize inspectors and investigators to obtain any utility customer information, other than that authorized by this section, without proper service of process as required by law. (4) The district attorney’s office requesting and receiving utility information shall ensure its confidentiality. At no time shall any information obtained pursuant to this section be disclosed or used for any purpose other than to assist in the location or recovery of a person or persons specified in paragraph (1). (5) The inspector or investigator requesting utility information authorized for release by this section shall make a record on a form created and maintained by the district attorney’s office, which shall include the name of the utility customer about whom the inquiry was made, the name of the inspector or investigator making the inquiry, the date of inquiry, the name of the utility, the utility employee to whom the request was made, and the information that was requested and received. (6) The inspector or investigator requesting information pursuant to this section shall prepare and sign, under penalty of perjury, a written affidavit of probable cause, which shall be contained on a form created by the Attorney General’s office in consultation with telephone, gas, and electric utilities. The form shall be retained by the utility for a period of one year and shall contain a statement of all the facts known to the inspector or investigator that support the existence of all of the requirements of this section. The affidavit shall also contain a statement of exigent circumstances, explaining why the inspector or investigator could not seek and obtain a search warrant, court order, or other court process for the production of the information sought. (c) No public utility, or official or employee thereof, shall be subject to criminal or civil liability for the release of customer information in reasonable reliance on an affidavit appearing on its face to be valid, and which was submitted by a person whose name appears on the current authorization list, as required in paragraph (2) of subdivision (b). However, any person who willfully violates any provision of this section is guilty of a misdemeanor, pursuant to Section 2112.5. (d) The utility receiving the request for customer information may charge the requesting district attorney’s office a reasonable fee for the search and release of the requested information and for the storage of the required forms. (Added by Stats. 1994, Ch. 112, Sec. 1. Effective January 1, 1995.)
  43. 5880.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    State franchise holders must follow FCC Emergency Alert System requirements so emergency messages can be sent over their networks.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5880. Holders of state franchises shall comply with the Emergency Alert System requirements of the Federal Communications Commission in order that emergency messages may be distributed over the holder’s network. Any provision in a locally issued franchise authorizing local entities to provide local emergency notifications shall remain in effect, and shall apply to all holders of a state-issued franchise in the same local area, for the duration of the locally issued franchise, until the term of the franchise would have expired were the franchise not terminated pursuant to subdivision (o) of Section 5840, or until January 1, 2009, whichever is later. (Amended by Stats. 2007, Ch. 123, Sec. 7. Effective January 1, 2008.)
  44. 5885.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    The local entity must allow a state-franchise holder to install, construct, and maintain a network in public rights-of-way, must act on encroachment permit applications within 60 days, must explain any denial, must adopt appeal procedures, and may not enforce rules forcing purchase or sale of a network.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5885. (a) The local entity shall allow the holder of a state franchise under this division to install, construct, and maintain a network within public rights-of-way under the same time, place, and manner as the provisions governing telephone corporations under applicable state and federal law, including, but not limited to, the provisions of Section 7901.1. (b) Nothing in this division shall be construed to change existing law regarding the permitting process or compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for projects by a holder of a state franchise. (c) (1) For purposes of this section, an “encroachment permit” means any permit issued by a local entity relating to construction or operation of facilities pursuant to this division. (2) A local entity shall either approve or deny an application from a holder of a state franchise for an encroachment permit within 60 days of receiving a completed application. An application for an encroachment permit is complete when the applicant has complied with all statutory requirements, including the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (3) If the local entity denies an application for an encroachment permit, it shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial. (4) The local entity shall adopt regulations prescribing procedures for an applicant to appeal the denial of an encroachment permit application issued by a department of the local entity to the governing body of the local entity. (5) Nothing in this section precludes an applicant and a local entity from mutually agreeing to an extension of any time limit provided by this section. (d) A local entity may not enforce against the holder of a state franchise any rule, regulation, or ordinance that purports to allow the local entity to purchase or force the sale of a network. (Added by Stats. 2006, Ch. 700, Sec. 3. Effective January 1, 2007.)
  45. 589.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. )

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    The commission must make electrical and gas corporations help create and maintain a public website with energy-efficiency assistance information, reports, and links.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. ) ## 589. (a) In an existing or new proceeding, the commission shall require the electrical and gas corporations to cooperate in establishing a single Internet Web site available to the public that provides up-to-date information, updated no less frequently than once every 30 days, regarding ratepayer-funded energy efficiency assistance programs that, to the extent the information is available, in an aggregate format that would not provide identifying information about individual customers of the electrical and gas corporations, include all of the following: (1) The types of energy efficiency measures installed. (2) The ZIP Code location of each customer receiving ratepayer-funded energy efficiency assistance. (3) The amount of funds expended at each ZIP Code location. (4) The expected annual energy savings and reduced energy usage expected in kilowatthours or therms. (b) (1) The commission shall order the electrical and gas corporations to establish, based on data, ratepayer-funded energy efficiency assistance program reports on program totals, geographical and monthly statistics, cost distribution, and progress toward program goals. (2) The electrical and gas corporations shall make the reports available on the Internet Web site established pursuant to subdivision (a). (c) The commission shall require the electrical and gas corporations to publish data, including the amount expended, on the ratepayer-funded energy efficiency programs that are not direct retrofits, including, but not limited to, research on building and appliance standards and marketing and outreach, on the Internet Web site established pursuant to subdivision (a). (d) The commission shall take steps necessary to ensure the Internet Web site established pursuant to subdivision (a) is available to the public on or before June 1, 2014. (e) The commission shall have a link to the Internet Web site established pursuant to subdivision (a) on the commission’s Internet Web site and require the electrical and gas corporations to have a link to the Internet Web site established pursuant to subdivision (a) on the appropriate page of the Internet Web site of each electrical and gas corporation. (Amended by Stats. 2014, Ch. 71, Sec. 147. (SB 1304) Effective January 1, 2015.)
  46. 5890.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    Some video service providers must not deny service because of local income, and larger providers must meet low-income access and community-service benchmarks or qualify through specified alternative conditions.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5890. (a) A cable operator or video service provider that has been granted a state franchise under this division may not discriminate against or deny access to service to any group of potential residential subscribers because of the income of the residents in the local area in which the group resides. (b) Holders or their affiliates with more than 1,000,000 telephone customers in California satisfy subdivision (a) if all of the following conditions are met: (1) Within three years after it begins providing video service under this division, at least 25 percent of households with access to the holder’s video service are low-income households. (2) Within five years after it begins providing video service under this division and continuing thereafter, at least 30 percent of the households with access to the holder’s video service are low-income households. (3) Holders provide service to community centers in underserved areas, as determined by the holder, without charge, at a ratio of one community center for every 10,000 video subscribers. The holder shall not be required to take its facilities beyond the appropriate demarcation point outside the community center building or perform any inside wiring. The community center may not receive service from more than one state franchise holder at a time under this section. For purposes of this section, “community center” means any facility operated by an organization that has qualified for the California Teleconnect Fund, as established in Section 280 and that will make the holder’s service available to the community. (c) Holders or their affiliates with fewer than 1,000,000 telephone customers in California satisfy this section if they offer video service to all customers within their telephone service area within a reasonable time, as determined by the commission. However, the commission shall not require the holder to offer video service if the cost to provide video service is substantially above the average cost of providing video service in that telephone service area. (d) When a holder provides video service outside of its telephone service area, is not a telephone corporation, or offers video service in an area where no other video service is being offered, other than direct-to-home satellite service, there is a rebuttable presumption that discrimination in providing service has not occurred within those areas. The commission may review the holder’s proposed video service area to ensure that the area is not drawn in a discriminatory manner. (e) For holders or their affiliates with more than 1,000,000 telephone customers in California, either of the following shall apply: (1) If the holder is predominantly deploying fiber optic facilities to the customer’s premise, the holder shall provide access to its video service to a number of households at least equal to 25 percent of the customer households in the holder’s telephone service area within two years after it begins providing video service under this division, and to a number at least equal to 40 percent of those households within five years. (2) If the holder is not predominantly deploying fiber optic facilities to the customer’s premises, the holder shall provide access to its video service to a number of households at least equal to 35 percent of the households in the holder’s telephone service area within three years after it begins providing video service under this division, and to a number at least equal to 50 percent of these households within five years. (3) A holder shall not be required to meet the 40-percent requirement in paragraph (1) or the 50-percent requirement in paragraph (2) until two years after at least 30 percent of the households with access to the holder’s video service subscribe to it for six consecutive months. (4) If 30 percent of the households with access to the holder’s video service have not subscribed to the holder’s video service for six consecutive months within three years after it begins providing video service, the holder may submit validating documentation to the commission. If the commission finds that the documentation validates the holder’s claim, then the commission shall permit a delay in meeting the 40-percent requirement in paragraph (1) or the 50-percent requirement in paragraph (2) until the time that the holder does provide service to 30 percent of the households for six consecutive months. (f) (1) After two years of providing service under this division, the holder may apply to the state franchising authority for an extension to meet the requirements of subdivision (b), (c), or (e). Notice of this application shall also be provided to the telephone customers of the holder, the Secretary of the Senate, and the Chief Clerk of the Assembly. (2) Upon application, the franchising authority shall hold public hearings in the telephone service area of the applicant. (3) In reviewing the failure to satisfy the obligations contained in subdivision (b), (c), or (e), the franchising authority shall consider factors that are beyond the control of the holder, including, but not limited to, the following: (A) The ability of the holder to obtain access to rights-of-way under reasonable terms and conditions. (B) The degree to which developments or buildings are not subject to competition because of existing exclusive arrangements. (C) The degree to which developments or buildings are inaccessible using reasonable technical solutions under commercially reasonable terms and conditions. (D) Natural disasters. (4) The franchising authority may grant the extension only if the holder has made substantial and continuous effort to meet the requirements of subdivision (b), (c), or (e). If an extension is granted the franchising authority shall establish a new compliance deadline. (g) Local governments may bring complaints to the state franchising authority that a holder is not offering video service as required by this section, or the state franchising authority may open an investigation on its own motion. The state franchising authority shall hold public hearings before issuing a decision. The commission may suspend or revoke the franchise if the holder fails to comply with the provisions of this division. (h) If the state franchising authority finds that the holder is in violation of this section, it may, in addition to any other remedies provided by law, impose a fine not to exceed 1 percent of the holder’s total monthly gross revenue received from provision of video service in the state each month from the date of the decision until the date that compliance is achieved. (i) If a court finds that the holder of the state franchise is in violation of this section, the court may immediately terminate the holder’s state franchise, and the court shall, in addition to any other remedies provided by law, impose a fine not to exceed 1 percent of the holder’s total gross revenue of its entire cable and service footprint in the state in the full calendar month immediately prior to the decision. (j) As used in this section, the following definitions shall apply: (1) “Access” means that the holder is capable of providing video service at the household address using any technology, other than direct-to-home satellite service, providing two-way broadband Internet capability and video programming, content, and functionality, regardless of whether any customer has ordered service or whether the owner or landlord or other responsible person has granted access to the household. If more than one technology is utilized, the technologies shall provide similar two-way broadband Internet accessibility and similar video programming. (2) “Customer’s household” means those residential households located within the holder’s existing telephone service area that are customers of the service by which that telephone service area is defined. (3) “Household” means, consistent with the United States Census Bureau, a house, an apartment, a mobilehome, a group of rooms, or a single room that is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have direct access from the outside of the building or through a common hall. (4) “Low-income household” means those residential households located within the holder’s existing telephone service area where the average annual household income is less than thirty-five thousand dollars ($35,000) based on the United States Census Bureau estimates adjusted annually to reflect rates of change and distribution through January 1, 2007. (k) Nothing in this section shall be construed to require a holder to provide video service outside its wireline footprint or to match the existing service area of any cable operator. (Amended by Stats. 2007, Ch. 123, Sec. 8. Effective January 1, 2008.)
  47. 5895.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    The commission must collect location data, set customer service requirements, and handle customer complaints for holders of a state franchise, and it must not publicly disclose personally identifiable information collected under this section.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5895. (a) The commission shall collect granular data on the actual locations served by the holder of a state franchise. (b) The commission shall adopt customer service requirements for a holder of a state franchise and adjudicate any customer complaints. (c) The commission shall not publicly disclose any personally identifiable information collected pursuant to this section. (d) All information submitted to the commission pursuant to this section shall be disclosed to the public only as provided for pursuant to Section 583. (e) For purposes of this section, “actual locations” include addresses. (Amended by Stats. 2022, Ch. 801, Sec. 2. (AB 2752) Effective January 1, 2023.)
  48. 590.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. )

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    Electrical corporations must report annually to the commission on compliance with standards or rules adopted under Section 364, and the report is generally public.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. ) ## 590. The commission shall require each electrical corporation to report annually on its compliance with the standards or rules adopted by the commission pursuant to Section 364. That report shall be made available to the public, except that the commission may, consistent with other provisions of law, withhold from the public information generated or obtained pursuant to this section that it deems would pose a security threat to the public if disclosed. (Added by Stats. 2015, Ch. 612, Sec. 16. (SB 697) Effective January 1, 2016.)
  49. 5900.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    State-franchise holders must follow specified customer service, consumer protection, penal, and privacy standards; local entities must enforce them and can set penalties for material breaches, with limits and notice/cure requirements.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5900. (a) The holder of a state franchise shall comply with Sections 53055, 53055.1, 53055.2, and 53088.2 of the Government Code, and any other customer service standards pertaining to the provision of video service established by federal law or regulation or adopted by subsequent enactment of the Legislature. All customer service and consumer protection standards under this section shall be interpreted and applied to accommodate newer or different technologies while meeting or exceeding the goals of the standards. (b) The holder of a state franchise shall comply with Section 637.5 of the Penal Code and the privacy standards contained in Section 551 and following of Title 47 of the United States Code. (c) The local entity shall enforce all of the customer service and protection standards of this section with respect to complaints received from residents within the local entity’s jurisdiction, but it may not adopt or seek to enforce any additional or different customer service or other performance standards under Section 53055.3 or subdivision (q), (r), or (s) of Section 53088.2 of the Government Code, or any other law. (d) The local entity shall, by ordinance or resolution, provide a schedule of penalties for any material breach by a holder of a state franchise of this section. A monetary penalty shall not be assessed for a material breach if it is out of the reasonable control of the holder. Further, a monetary penalty shall not be imposed before January 1, 2007. Any schedule of monetary penalties adopted pursuant to this section shall not exceed five hundred dollars ($500) for each day of each material breach, not to exceed one thousand five hundred dollars ($1,500) for each occurrence of a material breach. However, if a material breach of this section has occurred, and the local entity has provided notice and a fine or penalty has been assessed, and if a subsequent material breach of the same nature occurs within 12 months, the penalties may be increased by the local entity to a maximum of one thousand dollars ($1,000) for each day of each material breach, not to exceed three thousand dollars ($3,000) for each occurrence of the material breach. If a third or further material breach of the same nature occurs within those same 12 months, and the local entity has provided notice and a fine or penalty has been assessed, the penalties may be increased to a maximum of two thousand five hundred dollars ($2,500) for each day of each material breach, not to exceed seven thousand five hundred dollars ($7,500) for each occurrence of the material breach. With respect to video providers subject to a franchise or license, any monetary penalties assessed under this section shall be reduced dollar-for-dollar to the extent any liquidated damage or penalty provision of a current cable television ordinance, franchise contract, or license agreement imposes a monetary obligation upon a video provider for the same customer service failures, and no other monetary damages may be assessed. (e) The local entity shall give the video service provider written notice of any alleged material breach of the customer service standards of this division and allow the video provider at least 30 days from receipt of the notice to remedy the specified material breach. (f) A material breach for purposes of assessing penalties shall be deemed to have occurred for each day within the jurisdiction of each local entity, following the expiration of the period specified in subdivision (e), that any material breach has not been remedied by the video service provider, irrespective of the number of customers or subscribers affected. (g) Any penalty assessed pursuant to this section shall be remitted to the local entity, which shall submit one-half of the penalty to the Digital Divide Account established in Section 280.5. (h) Any interested person may seek judicial review of a decision of the local entity in a court of appropriate jurisdiction. For this purpose, a court of law shall conduct a de novo review of any issues presented. (i) This section shall not preclude a party affected by this section from using any judicial remedy available to that party without regard to this section. Actions taken by a local legislative body, including a local franchising entity, pursuant to this section shall not be binding on a court of law. For this purpose, a court of law shall conduct de novo review of any issues presented. (j) For purposes of this section, “material breach” means any substantial and repeated failure of a video service provider to comply with service quality and other standards specified in subdivision (a). (k) The Public Advocate’s Office of the Public Utilities Commission may advocate on behalf of video subscribers regarding renewal of a state-issued franchise and enforcement of this section, and Sections 5890 and 5950. For this purpose, the office shall have access to any information in the possession of the commission subject to all restrictions on disclosure of that information that are applicable to the commission. (Amended by Stats. 2023, Ch. 131, Sec. 201. (AB 1754) Effective January 1, 2024.)
  50. 591.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. )

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    The commission must require electrical or gas corporations to report annually when commission-authorized maintenance, safety, or reliability funds are redirected to other purposes, and must make those notifications available to specified offices and proceeding parties.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 5. Reports to the Commission [581 - 591] ( Heading of Article 5 amended by Stats. 2015, Ch. 612, Sec. 15. ) ## 591. (a) The commission shall require an electrical or gas corporation to annually notify the commission, as part of an ongoing proceeding or in a report otherwise required to be submitted to the commission, of each time since that notification was last provided that capital or expense revenue authorized by the commission for maintenance, safety, or reliability was redirected by the electrical or gas corporation to other purposes. (b) The commission shall ensure that the notification provided by each electrical or gas corporation is also made available in a timely fashion to the Office of the Safety Advocate, Public Advocate’s Office of the Public Utilities Commission, and parties on the service list of any relevant proceeding. (Amended by Stats. 2018, Ch. 51, Sec. 42. (SB 854) Effective June 27, 2018.)
  51. 5910.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    A state franchise holder must run background checks for certain job applicants and some contractors/vendors, but not for temporary emergency workers, and it generally is not responsible for administering or paying for checks outside employment applicants unless a contract says otherwise.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5910. (a) The holder of a state franchise shall perform background checks of applicants for employment, according to current business practices. (b) A background check equivalent to that performed by the holder shall also be conducted on all of the following: (1) Persons hired by a holder under a personal service contract. (2) Independent contractors and their employees. (3) Vendors and their employees. (c) Independent contractors and vendors shall certify that they have obtained the background checks required pursuant to subdivision (b), and shall make the background checks available to the holder upon request. (d) Except as otherwise provided by contract, the holder of a state franchise shall not be responsible for administering the background checks and shall not assume the costs of the background checks of individuals who are not applicants for employment of the holder. (e) (1) Subdivision (a) only applies to applicants for employment for positions that would allow the applicant to have direct contact with or access to the holder’s network, central office, or subscriber premises, and perform activities that involve the installation, service, or repair of the holder’s network or equipment. (2) Subdivision (b) only applies to persons that have direct contact with or access to the holder’s network, central office, or subscriber premises, and perform activities that involve the installation, service, or repair of the holder’s network or equipment. (f) This section does not apply to temporary workers performing emergency functions to restore the network of a holder to its normal state in the event of a natural disaster or an emergency that threatens or results in the loss of service. (Amended by Stats. 2007, Ch. 123, Sec. 10. Effective January 1, 2008.)
  52. 5920.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    Certain state franchise holders with more than 750 employees in California must file an annual report with the commission about specified workforce information.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5920. A holder of a state franchise employing more than 750 total employees in California shall annually report to the commission all of the following: (a) The number of California residents employed by the holder, calculated on a full-time or full-time equivalent basis. (b) The percentage of the holder’s total domestic workforce, calculated on a full-time or full-time equivalent basis. (c) The types and numbers of jobs by occupational classification held by residents of California employed by holders of state franchises and the average pay and benefits of those jobs and, separately, the number of out-of-state residents employed by independent contractors, companies, and consultants hired by the holder, calculated on a full-time or full-time equivalent basis, when the holder is not contractually prohibited from disclosing the information to the public. This paragraph applies only to those employees of an independent contractor, company, or consultant that are personally providing services to the holder, and does not apply to employees of an independent contractor, company, or consultant not personally performing services for the holder. (d) The number of net new positions proposed to be created directly by the holder of a state franchise during the upcoming year by occupational classifications and by category of full-time, part-time, temporary, and contract employees. (Amended by Stats. 2015, Ch. 612, Sec. 64. (SB 697) Effective January 1, 2016.)
  53. 5930.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    This section limits when certain video service providers can switch to a state franchise, lets local entities extend some expiring franchises for a short period, and lets local franchising entities require incumbent cable operators to seek a state franchise in specified circumstances.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5930. (a) Notwithstanding any other provision of this division, any video service provider that currently holds a franchise with a local franchising entity in a county that is a party, either alone or in conjunction with any other local franchising entity located in that county, to a stipulation and consent judgment executed by the parties thereto and approved by a federal district court shall neither be entitled to seek a state franchise in any area of that county, including any unincorporated area and any incorporated city of that county, nor abrogate any existing franchise before July 1, 2014. Prior to July 1, 2014, the video service provider shall continue to be exclusively governed by any existing franchise with a local franchising entity for the term of that franchise and any and all issues relating to renewal, transfer, or otherwise in relation to that franchise shall be resolved pursuant to that existing franchise and otherwise applicable federal and local law. This subdivision shall not be deemed to extend any existing franchise beyond its term. (b) When an incumbent cable operator is providing service under an expired franchise or a franchise that expires before January 2, 2008, the local entity may extend that franchise on the same terms and conditions through January 2, 2008. A state franchise issued to any incumbent cable operator shall not become operative prior to January 2, 2008. (c) When a video service provider that holds a state franchise provides the notice required pursuant to subdivision (n) of Section 5840 to a local entity, the local franchising entity may require all incumbent cable operators to seek a state franchise and shall terminate the franchise issued by the local franchising entity when the commission issues a state franchise for the video service provider that includes the entire service area served by the video service provider and the video service provider notifies the local entity that it will begin providing video service in that area under a state franchise. (Amended by Stats. 2007, Ch. 123, Sec. 11. Effective January 1, 2008.)
  54. 5940.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    A state franchise holder that also provides stand-alone residential primary-line basic telephone service must not raise that rate to pay for deploying a network for video service.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5940. The holder of a state franchise under this division who also provides stand-alone, residential, primary line, basic telephone service shall not increase this rate to finance the cost of deploying a network to provide video service. (Added by Stats. 2006, Ch. 700, Sec. 3. Effective January 1, 2007.)
  55. 5950.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    The commission cannot let certain telephone corporations raise residential primary-line basic telephone rates above the July 1, 2006 level until January 1, 2009, except for carriers under rate-of-return regulation. The commission may allow inflation-based increases, and bundled basic telephone service is not affected.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5950. The commission shall not permit a telephone corporation that is providing video service directly or through its affiliates pursuant to a state-issued franchise as an incumbent local exchange carrier to increase rates for residential, primary line, basic telephone service above the rate as of July 1, 2006, until January 1, 2009, unless that telephone corporation is regulated under rate of return regulation. However, the commission may allow rate increases to reflect increases in inflation as shown in the Consumer Price Index published by the Bureau of Labor Statistics. This section does not affect the authority of the commission to authorize an increase in rates for basic telephone service that is bundled with other services and priced as a bundle. Nothing in this section is intended to prohibit implementation of commission decision D. 06-04-071 to the extent it has not been implemented prior to July 1, 2006. (Added by Stats. 2006, Ch. 700, Sec. 3. Effective January 1, 2007.)
  56. 5970.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. )

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    A state franchise may be transferred to a successor in interest, but the transferee must file required information with the commission and agree to honor certain collective bargaining agreements.

    ## Public Utilities Code - PUC ## DIVISION 2.5. THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 [5800 - 5970] ( Division 2.5 added by Stats. 2006, Ch. 700, Sec. 3. ) ## 5970. Subject to the requirements of this division, a state franchise may be transferred to any successor in interest of the holder to which the certificate originally is granted, whether this transfer is by merger, sale, assignment, bankruptcy, restructuring, or any other type of transaction, provided that the following conditions are met: (a) The transferee submits to the commission all of the information required by this division of an applicant. (b) The transferee agrees that any collective bargaining agreement entered into by a video service provider shall continue to be honored, paid, or performed to the same extent as would be required if the video service provider continued to operate under its franchise for the duration of that franchise unless the duration of that agreement is limited by its terms or by federal or state law. (Added by Stats. 2006, Ch. 700, Sec. 3. Effective January 1, 2007.)
  57. 6.

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

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    Section headings do not change the scope, meaning, or intent of this code’s provisions.

    ## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 6. Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1951, Ch. 764.)
  58. 600.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 6. Relocation Assistance [600- 600.] ( Article 6 added by Stats. 1969, Ch. 1489. )

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    A public utility that acquires real property by eminent domain must provide relocation advisory assistance and make the payments required by the referenced Government Code chapter.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Relocation Assistance [600- 600.] ( Article 6 added by Stats. 1969, Ch. 1489. ) ## 600. A public utility acquiring real property by eminent domain shall provide relocation advisory assistance and shall make any of the payments required of public entities by Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code. (Amended by Stats. 1971, Ch. 1574.)
  59. 60000.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    This section says the part is named the Yolo County Transportation District Act and may be cited by that name.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60000. This part shall be known and may be cited as the Yolo County Transportation District Act. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  60. 60002.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    This section defines key terms used in this part, including “Authority,” “Board of directors,” “Board of supervisors,” “County,” and “District.”

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60002. As used in this part, the following terms have the following meanings: (a) “Authority” means the Yolo County Transit Authority, a joint exercise of powers agency. (b) “Board of directors” means the Board of Directors of the Yolo County Transportation District. (c) “Board of supervisors” means the Yolo County Board of Supervisors. (d) “County” means the County of Yolo. (e) “District” means the Yolo County Transportation District created by Section 60004. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  61. 60004.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The Yolo County Transportation District is created, and its jurisdiction covers the entire county, including incorporated and unincorporated territory.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60004. There is hereby created the Yolo County Transportation District. The jurisdiction of the district extends throughout the county, including all of the incorporated and unincorporated territory. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  62. 60006.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    After July 1, 1997, the authority is dissolved and the district takes over its rights, powers, duties, obligations, property interests, contracts, debts, and grant rights.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60006. On and after July 1, 1997, the authority is dissolved and the district succeeds to, and is vested with, all of the rights, powers, duties, and obligations of the authority. The district is the successor to the authority’s interests in any property, its rights and obligations under any contract, any outstanding indebtedness of the authority, and its rights under any grants, without the necessity of any further action. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  63. 60008.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    This section sets up the district’s board: appointing authorities name board members and alternates, UC Davis and the Department of Transportation each appoint a nonvoting ex officio member, and voting members receive a stipend set in the bylaws.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60008. (a) The district shall be governed by a five-member board of directors representing the county and cities in the county in the district, appointed as follows: (1) One member representing the County of Yolo, appointed by the board of supervisors. (2) One member representing the City of Davis, appointed by the city council of that city. (3) One member representing the City of West Sacramento, appointed by the city council of that city. (4) One member representing the City of Woodland, appointed by the city council of that city. (5) One member representing the City of Winters, appointed by the city council of that city. (b) An appointing authority shall appoint one of its members to serve as a member and one member to serve as an alternate member of the board of directors. The alternate member shall serve only in the absence of the regular member. (c) The University of California at Davis shall appoint a person to serve as a nonvoting ex officio member. (d) The Department of Transportation shall appoint a person to serve as a nonvoting ex officio member. (e) Voting members of the board of directors will receive a stipend per meeting to be established by the board in its bylaws. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  64. 6001.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Local governments may grant certain franchises only under the article’s conditions, unless an exception applies.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6001. Every franchise or privilege to erect or lay telegraph or telephone wires, to construct or operate street or interurban railroads upon any public street or highway, to lay gas pipes for the purpose of carrying gas for light, heat, or power, to erect poles or wires for transmitting electricity for light, heat, or power, along or upon any public street or highway, or to exercise any other privilege whatever proposed to be granted by the governing or legislative body of any county, city and county, or city shall be granted upon the conditions in this article provided, and not otherwise, except when such franchises are granted pursuant to Chapters 2 or 3 of this division. This article does not apply to franchises or privileges for railroads, or telegraph or telephone lines doing an interstate business, or to renewals of franchises for piers, chutes, or wharves, or to community antenna television systems, or to franchises or privileges for purposes not involving the furnishing of any service or commodity to the public or any portion thereof. (Amended by Stats. 1968, Ch. 173.)
  65. 6001.5.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Chartered local governments must grant certain public-utility pipeline franchises on the terms of this chapter or Chapter 2.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6001.5. (a) All franchises, licenses, permits, or other privileges granted to a public utility by any city, county, or city and county holding a freeholder’s charter, to use, or to construct, or lay and use, under, along, across, or upon the public streets, ways, alleys, and places within the municipality, facilities which are part of a pipeline system transmitting oil or products thereof, shall be granted upon the terms and conditions provided in, and in accordance with, this chapter or Chapter 2 (commencing with Section 6201). (b) It is the intent of the Legislature, in enacting this section, to preempt the ordinance of any chartered municipality insofar as that ordinance governs the granting of franchises to construct facilities which are part of a pipeline system transmitting oil or other products thereof. (Added by Stats. 1989, Ch. 1444, Sec. 2.)
  66. 60010.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    If the authority dissolves, its employees are treated as district employees without a break in service or loss of compensation or benefits, unless the district governing board imposes an express action otherwise.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60010. Upon dissolution of the authority, employees of the authority shall be deemed to be employees of the district without any break in service nor any loss or reduction of compensation or benefits, except as may be imposed by express action of the district governing board. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  67. 60012.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district must assume the public transit provider duties previously performed by the authority, and it is treated as certain county transportation agencies.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60012. (a) The district shall assume the duties of public transit provider performed by the authority. On and after July 1, 1997, the Cities of West Sacramento, Davis, Woodland, and Winters are included within the district. (b) Additionally, the district is deemed to be each of the following agencies, with all of the powers and duties attendant thereto: (1) The consolidated transportation services agency for the county, with the concurrence of the Regional Transportation Planning Agency. (2) The congestion management agency for the county. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  68. 60014.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district must elect a chairperson and vice chairperson at its first meeting and annually thereafter. If both are absent or unable to act, the members present must choose a member to act as chairperson pro tempore.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60014. The district, at its first meeting, and thereafter annually at the meeting designated by the district, shall elect a chairperson who shall preside at all meetings, and a vice chairperson who shall preside in the absence of the chairperson. In the event of their absence or inability to act, the members present, by an order entered in the minutes, shall select one of their members to act as chairperson pro tempore, who, while so acting, shall have all the authority of the chairperson. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  69. 60016.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district must adopt rules for its proceedings that are consistent with state law.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60016. The district shall adopt rules for its proceedings consistent with the laws of the state. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  70. 60018.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    A majority of the board of directors entitled to vote is needed for a quorum, and official district acts need an affirmative majority vote of that board.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60018. A majority of the board of directors entitled to vote constitutes a quorum for the transaction of business. All official acts of the district require the affirmative vote of a majority of the board of directors entitled to vote. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  71. 6002.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The grantor may add extra franchise terms and conditions if they do not conflict with this article and the legislative body considers them in the public interest.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6002. The grantor may, in such a franchise, impose such other and additional terms and conditions not in conflict with this article, whether governmental or contractual in character, as in the judgment of the legislative body thereof are to the public interest. (Enacted by Stats. 1951, Ch. 764.)
  72. 60020.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district must express its acts by motion, resolution, or ordinance.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60020. The acts of the district shall be expressed by motion, resolution, or ordinance. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  73. 60022.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district must conduct its meetings under the specified Government Code chapter.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60022. All meetings of the district shall be conducted pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  74. 60024.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district must adopt an annual budget, adopt an administrative code by ordinance, arrange at least annual postaudits of its financial records by a certified public accountant, and do whatever is necessary to carry out this part.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60024. The district shall do all the following: (a) Adopt an annual budget. (b) Adopt an administrative code, by ordinance, which prescribes the powers and duties of the district officers, the method of appointment of the district employees, and methods, procedures, and systems of operation and management of the district. (c) Cause a postaudit of the financial transactions and records of the district to be made at least annually by a certified public accountant. (d) Do any and all things necessary to carry out the purposes of this part. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  75. 60026.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may hire staff or contract with government/public entities, and may contract with private entities under procurement procedures. It must rely on existing transportation planning data and expertise to the extent possible.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60026. (a) The district may hire an independent staff of its own or contract with any department or agency of the United States or with any public agency to implement this part. (b) The district may contract with private entities in conformance with applicable procurement procedures for the procurement of engineering, project management, and contract management services. (c) The district shall rely, to the extent possible, on existing state, regional, and local transportation planning and programming data and expertise, rather than on a large duplicative staff and set of plans. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  76. 60028.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The board of directors must set the compensation for the district’s officers and employees.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60028. The board of directors shall fix the compensation of the district’s officers and employees. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  77. 6003.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A franchise or grant offered or sold under this article may not include terms that restrict open bidding or favor one bidder over another.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6003. No clause or condition of any kind shall be inserted in any franchise or grant offered or sold under the terms of this article which shall directly or indirectly restrict free and open competition in bidding therefor, and no clause or provision shall be inserted in any franchise offered for sale, which shall in anywise favor one person, firm, or corporation, as against another, in bidding for the purchase thereof. (Enacted by Stats. 1951, Ch. 764.)
  78. 60030.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    Before the annual budget hearing, notice of the hearing must be published and the proposed budget must be available for public inspection at least 15 days in advance.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60030. (a) Notice of the time and place of a public hearing on the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code not less than 15 days prior to the day of the hearing. (b) The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  79. 60032.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

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

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60032. The district may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  80. 60034.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    Claims for money or damages against the district are governed by Government Code Division 3.6, unless that division or other expressly applicable statutes or regulations provide otherwise.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60034. All claims for money or damages against the district are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, except as provided therein, or by other statutes or regulations expressly applicable thereto. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  81. 60036.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may make contracts and enter into stipulations, including for indemnity, hiring labor, and other necessary acts.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60036. The district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, but not limited to, contracts and stipulations to indemnify and hold harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this part. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  82. 60038.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may enter contracts for engineering, project management, and contract management services with federal, public, county, city, district, private, or other persons/entities, if the terms are in the district’s best interest.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60038. The district may contract with any department or agency of the United States, with any public agency, including, but not limited to, the Department of Transportation, any county, city, or district, or with any person or a private entity upon the terms and conditions that the district finds in its best interest for the procurement of engineering, project management, and contract management services. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  83. 6004.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    An applicant must file a franchise or privilege application with the county or municipal governing body; that body may choose to advertise the application and proposed grant in local newspapers.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6004. An applicant for a franchise or privilege shall file with the governing or legislative body of the county or municipality an application, and thereupon that body shall, in its discretion, advertise the fact of the application, together with a statement that it is proposed to grant the franchise or privilege, in one or more newpapers of the county, city and county, or city wherein the franchise or privilege is to be exercised. (Enacted by Stats. 1951, Ch. 764.)
  84. 60040.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district must generally award service, supply, equipment, and materials contracts over $10,000 to the lowest responsible bidder after competitive bidding, unless there is a declared emergency. It may buy on the open market after rejecting bids and declaring a lower price, and it must follow the cited FTA third-party contracting rule.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60040. (a) Contracts for the purchase of services, supplies, equipment, and materials in excess of ten thousand dollars ($10,000) shall be awarded to the lowest responsible bidder after competitive bidding, except in an emergency declared by the district or by an executive committee to which the district has delegated responsibility to make that declaration. (b) If, after rejecting bids received under subdivision (a), the district determines and declares that, in its opinion, the services, supplies, equipment, or materials may be purchased at a lower price on the open market, the district may proceed to purchase these services, supplies, equipment, or materials in the open market without further observance of the provisions regarding contracts, bids, or advertisements. (c) Notwithstanding subdivision (a), the district shall comply with Federal Transit Administration Circular 4220.1 (d), as amended, relative to third-party contracting. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  85. 60042.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district cannot impose property, sales, or special taxes, but it may submit a ballot measure for those taxes, impose approved fees and funding sources for transportation maintenance and improvement, and the board may set public transit fares.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60042. (a) The district has no authority to impose property, sales, or special taxes, but may, with the concurrence of a majority of the member jurisdictions represented on the board of directors, cause to be submitted to voters of the district a ballot measure for the imposition of those taxes. (b) If approved as required by law, the district may impose and administer fees and other funding sources secured for transportation system maintenance and improvement. (c) The board of directors may set fares for public transit service by resolution or minute order. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  86. 60046.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may not exercise authority over a local governmental agency’s land use decisions.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60046. Notwithstanding any other provision of law which relates to the functioning of the district as the Yolo County Congestion Management Agency District, the district may not exercise any authority over the land use decisions of a local governmental agency. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  87. 60048.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district must put funding transparency and budget conflict resolution processes in its bylaws, and each member jurisdiction is financially responsible for its share of district obligations incurred on its behalf.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60048. The district shall include in its bylaws a process for assuring that member jurisdictions of the district may reasonably determine to what extent their share of Mills-Alquist-Deddeh Act funds and other local state or federal revenue sources are used by the district. The district does not replace nor supplant the role of the Regional Transportation Planning Agency to allocate Mills-Alquist-Deddeh Act funds. Each member jurisdiction shall be financially responsible for its share of obligations incurred by the district on that member jurisdiction’s behalf. The district’s bylaws shall include a budget conflict resolution process. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  88. 6005.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The advertisement for the franchise must say bids will be received and that the franchise will be awarded to the highest bidder.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6005. The advertisement shall state that bids will be received for the franchise and that it will be awarded to the highest bidder. The advertisement shall be published once a day for 10 successive days, or as often during that period as the paper is published, if it is a daily newspaper. If there is no daily newspaper published in the county, city and county, or city, it shall be published in a weekly newspaper once a week for four successive weeks. In either case the full publication shall be completed not less than 20 nor more than 30 days before any further action can be taken thereon. (Enacted by Stats. 1951, Ch. 764.)
  89. 60050.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may advocate and act for member jurisdictions if they concur.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60050. The district may advocate and act on behalf of all district member jurisdictions with their concurrence to further Yolo County transportation system interests, funding, projects, and priorities. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  90. 60052.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district must act as a countywide forum to coordinate transportation planning, programming, and prioritization of major projects.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60052. The district shall act as a countywide forum for the coordination of transportation system planning, programming, and prioritization of significant projects. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  91. 60054.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may adopt a plan to fund transportation projects within its jurisdiction.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60054. The district may promulgate a plan for funding transportation projects within its jurisdiction. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  92. 60056.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The board of directors must adopt priorities that reflect the district’s goals.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60056. The board of directors shall adopt priorities reflecting the district’s goals, including consideration of being designated as the federal Designated Recipient for Yolo County, consideration of additional transportation funding sources, examining the feasibility of Yolo County becoming a self-help county, and examining possible agency consolidations within Yolo County. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  93. 60058.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district bylaws must create an advisory committee structure, including a Technical Advisory Committee and a Citizen’s Advisory Committee, and must set up a process to appeal board decisions.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60058. The district bylaws shall establish an advisory committee structure, which shall include a Technical Advisory Committee and a Citizen’s Advisory Committee and other advisory committees as it deems necessary, and shall establish a process for appealing decisions of the board of directors. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  94. 6006.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The franchise notice must describe the proposed franchise, its term, and, for a street railroad, the route; it must also say sealed bids will be received by a stated time and that the successful bidder will pay 2% of gross annual receipts during the franchise term.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6006. The publication shall state the character of the franchise or privilege proposed to be granted, the term for which it is granted, and, if it is for a street railroad, the route to be traversed; that sealed bids therefor will be received up to a certain hour and day named therein, and that the successful bidder and his assigns shall during the life of the franchise pay to the county or municipality two percent (2%) of the gross annual receipts of the grantee arising from the use, operation, or possession of the franchise. (Enacted by Stats. 1951, Ch. 764.)
  95. 60060.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The board of directors must try to make transportation funding and project prioritization decisions without favoring one transportation mode, and it should consider local needs and balance transportation choices.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60060. Transportation funding and project prioritization decisions made by the board of directors shall endeavor to be mode neutral, not biased in favor of any one transportation mode with the district seeking local concurrence when appropriate. Those decisions shall take into account the needs of the local jurisdictions, the overall county needs relative to streets, roads, transit, pedestrian, bicycle, telecommuting, light rail, heavy rail, and other alternative transportation mode projects, shall consider the movement of information and freight as well as people, and shall attempt to balance all transportation choices in order to most effectively utilize limited funding sources to the best advantage of Yolo County residents and others in the region. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  96. 60062.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district must act as the coordinating agency for state and federal funding applications when appropriate.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 1. General Provisions [60000 - 60062] ( Chapter 1 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60062. The district shall act as the coordinating agency for all state and federal funding applications where appropriate. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  97. 6007.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Franchise advertisements must say the franchise will go to the highest cash bidder, and eligible bidders at the opening may outbid the sealed bid by at least 10%.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6007. The advertisement shall also contain a statement that the franchise will be struck off, sold, and awarded to the person, firm, or corporation making the highest cash bid therefor; that at the time of the opening of the bids any responsible person, firm, or corporation present or represented may bid for the franchise or privilege a sum not less than 10 percent above the highest sealed bid therefor, and the bid so made may be raised not less than 10 percent by any other responsible bidder and the bidding may so continue until the franchise is finally struck off, sold, and awarded to the highest bidder therefor in lawful money of the United States. (Enacted by Stats. 1951, Ch. 764.)
  98. 6008.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Sealed bids must include cash or a certified check for the full bid amount, and the successful bidder must deposit at least 10% before the franchise is struck off.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6008. Each sealed bid shall be accompanied with cash or a certified check payable to the treasurer of the county or municipality for the full amount of the bid, and no sealed bid shall be considered unless the cash or check is enclosed therewith. The successful bidder shall deposit at least 10 percent of the amount of his bid with the clerk of the county or municipality before the franchise is struck off to him. If he fails to make the deposit immediately his bid shall not be received, and is void, and the franchise shall then and there be again offered for sale to the bidder who makes the highest cash bid therefor, subject to the same conditions as to deposit. This procedure shall be had until the franchise is struck off, sold, and awarded to a bidder who makes the necessary deposit of at least 10 percent of the amount of his bid. (Enacted by Stats. 1951, Ch. 764.)
  99. 6009.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The successful bidder must deposit the remaining 90% of the bid with the county or municipal clerk within 24 hours after bid acceptance.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6009. The successful bidder shall deposit with the clerk of the county or municipality, within 24 hours of the acceptance of his bid, the remaining 90 percent of the amount thereof. If the bidder fails to deposit with the clerk of the county or municipality the remaining 90 percent of his bid within 24 hours after its acceptance, the award to him of the franchise shall be set aside, the deposit made by him shall be forfeited, and no further proceedings for a sale of the franchise shall be had unless it is readvertised and again offered for sale in the manner provided in this article. (Enacted by Stats. 1951, Ch. 764.)
  100. 6010.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A winning franchise bidder may have to file a bond, and if the bond is not filed on time the award can be set aside.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6010. (a) The advertisement may also contain a statement that the successful bidder for any franchise or privilege struck off, sold, and awarded under this article shall file a bond running to the county, city and county, or city, approved by the governing body. The advertisement may require a bond executed by an admitted surety insurer. The bond shall be in a penal sum prescribed by the governing body and set forth in the advertisement for bids, and conditioned that the bidder shall well and truly observe, fulfill, and perform each term and condition of the franchise, and that in case of any breach of condition of the bond, the whole amount of the penal sum therein named shall be deemed to be liquidated damages. (b) The bond if required shall be filed with the governing body within the time specified in the advertisement and if no time is specified within five days after the franchise is awarded. The franchise shall be granted by ordinance to the person, firm, or corporation to whom it has been struck off, sold or awarded. If the bond is not filed within the time required, the award of the franchise may be set aside at any time prior to the filing and, if set aside, any money paid for the franchise shall be forfeited, and if an ordinance has been enacted granting the franchise, the governing or legislative body may repeal the ordinance and the franchise shall, in the discretion of the governing or legislative body, be readvertised and again offered for sale in the same manner and under the same restrictions, as provided in this article. (Amended by Stats. 1982, Ch. 517, Sec. 357.)
  101. 6010.1.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A franchise is not invalid or revoked just because the required bond was filed late, if the bond is filed before the award is set aside or the franchise ordinance is repealed.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6010.1. Notwithstanding any other provision of this article, any franchise heretofore or hereafter granted shall not be invalid or subject to revocation because the bond required by law at the time of the award of such franchise shall not have been filed within the time then prescribed, provided the bond is filed prior to the setting aside of the award or, as the case may be, the repeal of the ordinance granting such franchise. (Added by Stats. 1955, Ch. 286.)
  102. 60100.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may impose a retail transactions and use tax only if specified approvals and a county transportation expenditure plan are in place.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60100. A retail transactions and use tax ordinance applicable in the incorporated and unincorporated territory of the county may be imposed by the district in accordance with this chapter and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, if the tax ordinance is adopted by a majority of the board of directors and by a majority of the governing bodies of the appointing authorities listed in subdivision (a) of Section 60008, and imposition of the tax is subsequently approved by two-thirds of the voters voting on the measure at a special election called for that purpose by the board of supervisors, at the request of the district, and a county transportation expenditure plan is adopted pursuant to Section 60106. A retail transactions and use tax approved by the voters shall remain in effect for not longer than 20 years, or any lesser period of time specified in the tax ordinance. The tax may be continued in effect, or reimposed, by a tax ordinance adopted by the district and the reimposition of the tax is approved by two-thirds of the voters. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  103. 60102.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district must include specific tax details in the ordinance, including the tax’s nature, rate, duration, and intended uses, and the proposition must include an appropriations limit.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60102. (a) The district, in the ordinance, shall do all of the following: (1) State the nature of the tax to be imposed. (2) Establish the tax rate, which may be in 1/4 percent increments and shall not exceed a maximum tax rate of 1 percent. (3) Specify the period during which the tax will be imposed. (4) Specify the purposes for which the revenue derived from the tax will be used. (b) The proposition shall include an appropriations limit for that entity pursuant to Section 4 of Article XIII B of the California Constitution. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  104. 60103.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The county must conduct the special election, and if the measure passes, the district must reimburse the county’s election costs.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60103. (a) The county shall conduct the special election called by the board of supervisors pursuant to Section 60100. If the measure is approved, the district shall reimburse the county for its cost in conducting the special election. (b) The special election shall be called and conducted in the same manner as provided by law for the conduct of special elections by a county. (c) The sample ballot to be mailed to the voters, pursuant to Section 13303 of the Elections Code, shall be the full proposition, as set forth in the ordinance calling the election, and the voter information handbook shall include the entire adopted county transportation expenditure plan. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  105. 60104.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    A transactions and use tax ordinance becomes operative on the first day of the first calendar quarter more than 120 days after adoption, and the district must contract with the State Board of Equalization before that operative date.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60104. (a) Any transactions and use tax ordinance adopted pursuant to this chapter shall be operative on the first day of the first calendar quarter commencing more than 120 days after adoption of the ordinance. (b) Prior to the operative date of the ordinance, the district shall contract with the State Board of Equalization to perform all functions incidental to the administration and operation of the ordinance. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  106. 60105.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may allocate tax revenues from this chapter for specified transportation and transit projects.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60105. The revenues from the taxes imposed pursuant to this chapter may be allocated by the district for the construction and improvement of state highways, the construction, maintenance, improvement, and operation of local streets, roads, and highways, and the construction, improvement, and operation of public transit systems. For purposes of this section, “public transit systems” includes paratransit services. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  107. 60106.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    A county transportation expenditure plan must be prepared, approved by the required governing bodies before adoption, and adopted before the election call.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60106. (a) A county transportation expenditure plan shall be prepared for the expenditure of the revenues expected to be derived from the tax imposed pursuant to this chapter, together with other federal, state, and local funds expected to be available for transportation improvements, for the period during which the tax is to be imposed. (b) A county transportation expenditure plan shall not be adopted unless it has been approved by a majority of the governing bodies of the appointing authorities listed in subdivision (a) of Section 60008 at the time those bodies approve the ordinance described in Section 60100. (c) The plan shall be adopted prior to the call of the election provided for in Section 60100. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  108. 60107.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may review and propose amendments to the county transportation expenditure plan, and it must notify county and city officials with a copy of the proposed changes.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 2. Transactions and Use Tax [60100 - 60107] ( Chapter 2 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60107. (a) The district may annually review and propose amendments to the county transportation expenditure plan adopted pursuant to Section 60106 to provide for the use of additional federal, state, and local funds, to account for unexpected revenues, or to take into consideration unforeseen circumstances. (b) The district shall notify the board of supervisors and the city council of each city in the county and provide them with a copy of the proposed amendments. (c) The proposed amendments shall become effective 45 days after notice is given. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  109. 6011.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A franchise renewal must start paying the percentage of gross receipts immediately; a non-renewal pays nothing for the first five years, then pays annually. Missing payment can forfeit the franchise.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6011. If the franchise is a renewal of a right already in existence, payment of the percentage of gross receipts shall begin at once upon the granting of the franchise. If the franchise is not a renewal of a right already in existence, no percentage shall be paid for the first five (5) years succeeding the date of the franchise, but thereafter the percentage shall be payable annually. If payment is not made, the franchise shall be forfeited. (Enacted by Stats. 1951, Ch. 764.)
  110. 6012.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    For an extension of an existing street railroad system, the gross receipts of the extension are estimated using a one-half proportion based on mileage.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6012. If the franchise granted is an extension of an existing street railroad system, the gross receipts shall be estimated to be one-half of the proportion of the total gross receipts of the system which the mileage of this extension bears to the total mileage of the whole system. This estimate is conclusive as to the amount of the gross receipts of the extension. (Enacted by Stats. 1951, Ch. 764.)
  111. 6013.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A franchisee must begin the granted work in good faith within four months of the franchise being granted, or the franchise is forfeited.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6013. Work to erect or lay telegraph or telephone wires, to construct street or interurban railroads, to lay gas pipes for the purpose of carrying gas for light, heat, or power, to erect poles or wires for transmitting electricity for light, heat, or power, along or upon any public street or highway, or to exercise any other privilege whatever, a franchise for which has been granted pursuant to this article, shall be commenced in good faith within not more than four months from the granting of the franchise. If not so commenced the franchise shall be declared forfeited. (Enacted by Stats. 1951, Ch. 764.)
  112. 6014.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Work to construct street or interurban railroads must be completed within three years of the franchise grant, or the franchise is forfeited; the governing or legislative body may extend the completion time by resolution for good cause, up to three months.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6014. Work to construct street or interurban railroads shall be completed within not more than three years from the granting of the franchise, and if not so completed the franchise shall be forfeited. For good cause shown, the governing or legislative body may by resolution extend the time for completion, not exceeding three months. (Enacted by Stats. 1951, Ch. 764.)
  113. 6015.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Work done under a non-railroad franchise must be carried out diligently and in good faith to meet the reasonable needs of the territory’s inhabitants for the granted service.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6015. Work under any franchise other than for a street or interurban railroad shall be prosecuted diligently and in good faith so as to meet and fill the reasonable needs of the inhabitants of the territory for the service of which the franchise is granted. (Enacted by Stats. 1951, Ch. 764.)
  114. 60150.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    A county transportation district may seek authorization to issue bonds for capital outlay expenditures as part of a ballot proposition approving a retail transactions and use tax.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60150. (a) As part of the ballot proposition to approve the imposition of a retail transactions and use tax, authorization may be sought to issue bonds to finance capital outlay expenditures as may be provided for in the adopted county transportation expenditure plan, payable from the proceeds of the tax. (b) The maximum bonded indebtedness that may be outstanding at any one time shall be an amount equal to the sum of the principal of, and interest on, the bonds, but not to exceed the estimated proceeds of the tax, as determined by the plan. The amount of bonds outstanding at any one time does not include the amount of bonds, refunding bonds, or bond anticipation notes for which funds necessary for the payment thereof have been set aside for that purpose in a trust or escrow account. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  115. 60151.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may issue voter-authorized bonds and must pay them from the tax proceeds; the bonds are called limited tax bonds.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60151. (a) The bonds authorized by the voters concurrently with the approval of the retail transactions and use tax may be issued at any time by the district and shall be payable from the proceeds of the tax. The bonds shall be referred to as “limited tax bonds.” The bonds may be secured by a pledge of revenues from the proceeds of the tax. (b) The pledge of the tax to the limited tax bonds authorized under this chapter shall have priority over the use of any of the tax for “pay-as-you-go” financing, except to the extent that that priority is expressly restricted in the resolution authorizing the issuance of the bonds. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  116. 60152.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    Limited tax bonds may be issued only through a district resolution approved by a two-thirds vote.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60152. Limited tax bonds shall be issued pursuant to a resolution adopted at any time by a two-thirds vote of the district. Each resolution shall provide for the issuance of bonds in the amounts as may be necessary, until the full amount of bonds authorized have been issued. The full amount of bonds may be divided into two or more series and different dates of payment fixed for the bonds of each series. A bond need not mature on its anniversary date. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  117. 60153.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    A bond-issuing resolution must state specified details, including purpose, estimated cost, principal amount, maximum term, maximum interest rate, bond denomination, and bond form.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60153. (a) A resolution authorizing the issuance of bonds shall state all of the following: (1) The purposes for which the proposed debt is to be incurred, which may include all costs and estimated costs incidental to, or connected with, the accomplishment of those purposes, including, without limitation, engineering, inspection, legal, fiscal agents, financial consultant and other fees, bond and other reserve funds, working capital, bond interest estimated to accrue during the construction period and for a period not to exceed three years thereafter, and expenses of all proceedings for the authorization, issuance, and sale of the bonds. (2) The estimated cost of accomplishing those purposes. (3) The amount of the principal of the indebtedness. (4) The maximum term the bonds proposed to be issued shall run before maturity, which shall not be beyond the date of termination of the imposition of the retail transactions and use tax. (5) The maximum rate of interest to be paid, which shall not exceed the maximum allowable by law. (6) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000). (7) The form of the bonds, including, without limitation, registered bonds and coupon bonds, to the extent permitted by federal law, and the form of any coupons to be attached thereto, the registration, conversion, and exchange privileges, if any, pertaining thereto, and the time when all of, or any part of, the principal becomes due and payable. (b) The resolution may also contain any other matters authorized by this chapter or any other provision of law. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  118. 60154.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The bonds must bear interest at a rate not exceeding the maximum allowed by law, and the commission sets the payment intervals.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60154. The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the commission. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  119. 60155.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may set bond call and redemption terms in the bond resolution, but a bond cannot be called or redeemed before maturity unless it says so in the bond or that statement is printed.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60155. In the resolution authorizing the issuance of the bonds, the district may also provide for the call and redemption of the bonds prior to maturity at the times and prices and upon other terms as specified. However, no bond is subject to call or redemption prior to maturity, unless it contains a recital to that effect or unless a statement to that effect is printed. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  120. 60156.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    Bond principal and interest must be paid in lawful U.S. money at the district treasurer’s office, or at other designated places, or both, if the bond holders choose.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60156. The principal of, and interest on, the bonds shall be payable in lawful money of the United States at the office of the treasurer of the district, or at other places as may be designated, or at both the office and other places at the option of the holders of the bonds. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  121. 60157.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    District bonds must be signed by the district’s chairperson or vice chairperson and auditor-controller, and the coupons must be signed by the auditor-controller.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60157. The bonds, or each series thereof, shall be dated and numbered consecutively and shall be signed by the chairperson or vice chairperson of the district and the auditor-controller of the district, and the official seal, if any, of the district shall be attached. The interest coupons of the bonds shall be signed by the auditor-controller of the district. All of the signatures and seal may be printed, lithographed, or mechanically reproduced. If any officer whose signature appears on the bonds or coupons ceases to be that officer before the delivery of the bonds, the officer’s signature is as effective as if the officer had remained in office. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  122. 60158.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may sell the bonds by resolution, including by negotiated or public sale, and may sell them below par.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60158. The bonds may be sold as the district determines by resolution, and the bonds may be sold at a price below par, whether by negotiated or public sale. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  123. 60159.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    Bonds may be delivered anywhere inside or outside the state, and the purchase price may be paid in cash or bank credits.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60159. Delivery of any bonds may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  124. 6016.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The Attorney General must sue to forfeit a franchise granted under this article when a county or municipality complains, and may do so on a taxpayer’s complaint in his discretion.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6016. The Attorney General, upon the complaint of any county or municipality, or, in his discretion, upon the complaint of any taxpayer, shall sue for the forfeiture of any franchise granted under this article, for the noncompliance with any condition thereof. (Enacted by Stats. 1951, Ch. 764.)
  125. 60160.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district must put bond-sale interest and premiums into the bond-payment fund, use the rest of the bond proceeds for the bond debt or related purposes, and after those purposes are finished, handle leftover money as specified. Bonds bought under this section must be canceled immediately.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60160. All accrued interest and premiums received on the sale of the bonds shall be placed in the fund to be used for the payment of the principal of, and interest on, the bonds, and the remainder of the proceeds of the bonds shall be placed in the treasury of the district and applied to secure the bonds or for the purposes for which the debt was incurred. However, when the purposes have been accomplished, any money remaining shall be either (a) transferred to the fund to be used for the payment of principal of, and interest on, the bonds or (b) placed in a fund to be used for the purchase of the outstanding bonds in the open market at prices and in the manner, either at public or private sale or otherwise, as determined by the district. Bonds so purchased shall be canceled immediately. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  126. 60161.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may issue, sell, or exchange refunding bonds to retire its existing bonds.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60161. (a) The district may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds issued by the district upon the terms, at the times and in the manner which it determines. (b) Refunding bonds may be issued in a principal amount sufficient to pay all, or any part of, the principal of the outstanding bonds, the premiums, if any, due upon call and redemption thereof prior to maturity, all expenses of the refunding, and either of the following: (1) The interest upon the refunding bonds from the date of sale thereof to the date of payment of the bonds to be refunded out of the proceeds of the sale of the refunding bonds or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds. (2) The interest upon the bonds to be refunded from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holder of the bonds. (c) The provisions of this chapter for the issuance and sale of bonds apply to the issuance and sale of refunding bonds. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  127. 60162.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    The district may borrow money and issue bond anticipation notes for authorized bonds, but the notes cannot mature beyond five years and cannot exceed the authorized bond amount limits.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60162. (a) The district may borrow money in anticipation of the sale of bonds which have been authorized pursuant to this chapter, but which have not been sold or delivered, and may issue negotiable bond anticipation notes therefor and may renew the bond anticipation notes from time to time. However, the maximum maturity of any bond anticipation notes, including the renewals thereof, shall not exceed five years from the date of delivery of the original bond anticipation notes. (b) The bond anticipation notes, and the interest thereon, may be paid from any money of the district available therefor, including the revenues from the tax. If not previously otherwise paid, the bond anticipation notes, or any portion thereof, or the interest thereon, shall be paid from the proceeds of the next sale of the bonds of the agency in anticipation of which the notes were issued. (c) The bond anticipation notes shall not be issued in any amount in excess of the aggregate amount of the bonds which the district has been authorized to issue, less the amount of any bonds of the authorized issue previously sold, and also less the amount of other bond anticipation notes therefor issued and then outstanding. The bond anticipation notes shall be issued and sold in the same manner as the bonds. (d) The bond anticipation notes and the resolutions authorizing them may contain any provisions, conditions, or limitations which a resolution of the district may contain. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  128. 60163.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    Bonds issued under this chapter are treated as legal investments for specified funds and may be used as security in the same situations as certain other local bonds.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60163. Any bonds issued under this chapter are legal investment for all trust funds; for the funds of insurance companies, commercial and savings banks, and trust companies; and for state school funds; and whenever any money or funds may, by any law now or hereafter enacted, be invested in bonds of cities, counties, school districts, or other districts within the state, that money or funds may be invested in the bonds issued under this chapter, and whenever bonds of cities, counties, school districts, or other districts within the state may, by any law now or hereafter enacted, be used as security for the performance of any act or the deposit of any public money, the bonds issued under this chapter may be so used. The provisions of this chapter are in addition to all other laws relating to legal investments and shall be controlling as the latest expression of the Legislature with respect thereto. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  129. 60164.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. )

    Verify source ↗

    Challenges to the ordinance or related bonds must be filed within six months after the election approving the ordinance.

    ## Public Utilities Code - PUC ## DIVISION 10. TRANSIT DISTRICTS [24501 - 107025] ( Division 10 repealed and added by Stats. 1955, Ch. 1036. ) ## PART 6. YOLO COUNTY TRANSPORTATION DISTRICT [60000 - 60164] ( Part 6 added by Stats. 1996, Ch. 457, Sec. 1. ) ## CHAPTER 3. Bonds [60150 - 60164] ( Chapter 3 added by Stats. 1996, Ch. 457, Sec. 1. ) ## 60164. Any action or proceedings wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this chapter or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within six months from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1996, Ch. 457, Sec. 1. Effective January 1, 1997.)
  130. 6017.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    A local governing or legislative body member who votes to violate or try to violate this article commits a misdemeanor.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Manner of Granting [6001 - 6017] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 6017. Any member of a governing or legislative body of any county, city and county, or city, who, by his vote, violates or attempts to violate any of the provisions of this article is guilty of a misdemeanor and may be punished therefor as provided by law, and may be deprived of his office by the decree of a court of competent jurisdiction, after trial and conviction. (Enacted by Stats. 1951, Ch. 764.)
  131. 6041.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Transportation of Mail Carriers [6041- 6041.] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    When a city or city and county is asked to allow railroad tracks through streets or public highways, the approving authorities must require a promise that United States mail carriers on duty may ride the railroad cars free of charge.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Transportation of Mail Carriers [6041- 6041.] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 6041. In all cases where application is made to the governing or legislative body of a city or city and county for permission and authority to lay railroad tracks through streets or public highways of any city or city and county, the authorities before granting such permission and authority, in addition to the terms and restrictions which they are by law authorized to impose shall exact and require from the persons or corporation asking such permission and authority, as a condition precedent to the granting of permission, a satisfactory promise and undertaking to permit and allow mail carriers in the employ of the United States Government, at all times while engaged in the actual discharge of duty, to ride on the cars of such railroad without paying any sum of money whatever for fare or otherwise. All such permissions and franchises shall be subject to all other provisions of the laws of this State applicable to street railroads in general, and subject to regulations from city or city and county authorities. (Enacted by Stats. 1951, Ch. 764.)
  132. 6091.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Steam Heat Franchises [6091 - 6092] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Cities and cities and counties may grant franchises to lay pipes in public ways for carrying high-pressure steam heat for heating service.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Steam Heat Franchises [6091 - 6092] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6091. All cities and cities and counties are empowered to grant franchises for the laying of pipes in the streets, roads, avenues, alleys, and public highways therein, for carrying steam heat under high pressure to be used, distributed, and sold to the inhabitants thereof for heating purposes. (Enacted by Stats. 1951, Ch. 764.)
  133. 6092.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Steam Heat Franchises [6091 - 6092] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Franchises granted under this article must follow Article 1 of this chapter.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Franchise Provisions in General [6001 - 6092] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Steam Heat Franchises [6091 - 6092] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6092. The granting of franchises under this article shall be pursuant to Article 1 of this chapter. (Enacted by Stats. 1951, Ch. 764.)
  134. 610.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

    Verify source ↗

    This article applies only to corporations or persons that are public utilities.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 610. This article applies only to a corporation or person that is a public utility. (Added by Stats. 1975, Ch. 1240.)
  135. 611.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

    Verify source ↗

    A railroad corporation may condemn property needed to build and maintain its railroad.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 611. A railroad corporation may condemn any property necessary for the construction and maintenance of its railroad. (Added by Stats. 1975, Ch. 1240.)
  136. 612.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

    Verify source ↗

    An electrical corporation may condemn property needed to build and maintain its electric plant.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 612. An electrical corporation may condemn any property necessary for the construction and maintenance of its electric plant. (Added by Stats. 1975, Ch. 1240.)
  137. 613.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

    Verify source ↗

    A gas corporation may condemn property needed to construct and maintain its gas plant.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 613. A gas corporation may condemn any property necessary for the construction and maintenance of its gas plant. (Added by Stats. 1975, Ch. 1240.)
  138. 614.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    A heat corporation may condemn property that is necessary to construct and maintain its heating plant.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 614. A heat corporation may condemn any property necessary for the construction and maintenance of its heating plant. (Added by Stats. 1975, Ch. 1240.)
  139. 615.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    A pipeline corporation may condemn property needed to build and maintain its pipeline.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 615. A pipeline corporation may condemn any property necessary for the construction and maintenance of its pipeline. (Added by Stats. 1975, Ch. 1240.)
  140. 616.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    A telephone corporation may condemn property needed to construct and maintain its telephone line.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 616. A telephone corporation may condemn any property necessary for the construction and maintenance of its telephone line. (Added by Stats. 1975, Ch. 1240.)
  141. 616.1.

    ## 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    A telephone corporation may not condemn property on a city-and-county-owned airport in another county, unless the property is necessary to provide telecommunications as a carrier of last resort for an unserved area.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 616.1. Notwithstanding Section 616, a telephone corporation may not condemn any property on an airport owned by a city and county, and located in another county, unless that property is necessary for that telephone corporation to provide telecommunications as a carrier of last resort seeking to serve an unserved area. (Added by Stats. 1999, Ch. 774, Sec. 2. Effective January 1, 2000.)
  142. 617.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    A telegraph corporation may condemn property needed to construct and maintain its telegraph line.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 617. A telegraph corporation may condemn any property necessary for the construction and maintenance of its telegraph line. (Added by Stats. 1975, Ch. 1240.)
  143. 618.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    A water corporation may condemn property needed to build and maintain its water system.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 618. A water corporation may condemn any property necessary for the construction and maintenance of its water system. (Added by Stats. 1975, Ch. 1240.)
  144. 619.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    A wharfinger may condemn property needed to build and maintain facilities for receiving or discharging freight or passengers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 619. A wharfinger may condemn any property necessary for the construction and maintenance of facilities for the receipt or discharge of freight or passengers. (Added by Stats. 1975, Ch. 1240.)
  145. 620.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    A common carrier may condemn property needed to build and maintain facilities for transporting people or goods.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 620. A common carrier, as defined in subdivision (b) of Section 211, may condemn any property necessary for the construction and maintenance of facilities for its transportation of persons or property. (Added by Stats. 1975, Ch. 1240.)
  146. 6201.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. )

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    This chapter may be cited as the Franchise Act of 1937.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. ) ## 6201. This chapter may be cited as the Franchise Act of 1937. (Enacted by Stats. 1951, Ch. 674.)
  147. 6201.3.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. )

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    This section defines “industrial gas” for this chapter.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. ) ## 6201.3. As used in this chapter, “industrial gas” means any substance which is in a gaseous state at ambient conditions of temperature and pressure used for commercial, industrial, or scientific purposes, but does not include any gaseous hydrocarbon used for light, heat, power, or feedstock. (Added by Stats. 1984, Ch. 197, Sec. 1.)
  148. 6201.5.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. )

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    A municipality includes counties, but counties may not grant a franchise under this chapter in an incorporated area.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. ) ## 6201.5. As used in this chapter, municipality includes counties, but no county shall grant a franchise pursuant to this chapter in any incorporated area. (Added by Stats. 1971, Ch. 422.)
  149. 6202.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. )

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    A municipality’s legislative body may grant utility franchises for electricity, gas, oil, or water uses on municipal streets and similar places, subject to this chapter’s terms and conditions.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. ) ## 6202. The legislative body of any municipality may grant a franchise to any person, firm, or corporation, whether operating under an existing franchise or not, to use, or to construct and use, poles, wires, conduits, and appurtenances for transmitting and distributing electricity for all purposes, or to use, or to lay and use, pipes and appurtenances for transmitting and distributing gas or industrial gas for all purposes, or to use, or to lay and use, pipes and appurtenances for transmitting and distributing oil or products thereof for all purposes, or to lay and use pipes, ditches, flumes, conduits, and appurtenances for transmitting and distributing water for all purposes, under, along, across, or upon the public streets, ways, alleys, and places within the municipality, upon the terms and conditions provided in this chapter. (Amended by Stats. 1984, Ch. 197, Sec. 2.)
  150. 6203.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. )

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    The legislative body may add other franchise terms and conditions if they do not conflict with this chapter and are judged to be in the public interest.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. ) ## 6203. The legislative body may in such a franchise impose such other and additional terms and conditions not in conflict with this chapter, whether governmental or contractual in character, as in the judgment of the legislative body are to the public interest. (Enacted by Stats. 1951, Ch. 764.)
  151. 6204.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. )

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    This chapter gives municipalities an alternative procedure for granting franchises, and if a proceeding is started under this chapter, its provisions control the franchise-granting process exclusively.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. ) ## 6204. This chapter provides a procedure, alternative to the procedure provided in Article 1 of Chapter 1 of this division, for the granting of franchises by municipalities. When any proceeding is initiated under this chapter for the granting of a franchise, the provisions of this chapter exclusively govern the granting of such franchise. (Enacted by Stats. 1951, Ch. 764.)
  152. 6205.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. )

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    This chapter generally does not apply to certain chartered municipalities with franchise-issuing provisions.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. ) ## 6205. This chapter does not apply to any municipality having a freeholders’ charter adopted and ratified under the Constitution and having in such charter provisions for the issuance of franchises by the municipality, but nothing contained in this chapter shall restrict the right of any such chartered municipality to avail itself of the provisions of this chapter wherever it may lawfully do so. The provisions of this chapter relating to the payment of a percentage of gross receipts shall not be construed as a declaration of legislative judgment as to the proper compensation to be paid a chartered municipality for the right to exercise franchise privileges therein. (Enacted by Stats. 1951, Ch. 764.)
  153. 6205.1.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. )

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    Certain chartered cities and counties must handle utility franchise-related permissions for oil pipeline facilities under this chapter or Chapter 1, and compensation is set by Section 6231.5 from January 1, 1990.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 1. General Provisions [6201 - 6205.1] ( Article 1 enacted by Stats. 1951, Ch. 674. ) ## 6205.1. (a) Notwithstanding Section 6205, all franchises, licenses, permits, or other privileges granted to a public utility by any city, county, or city and county holding a freeholder’s charter containing provisions for the issuance of franchises, to use, or to construct or lay and use, under, along, across, or upon the public streets, ways, alleys, and places within the municipality, facilities which are part of a pipeline system transmitting oil or products thereof, shall be granted upon the terms and conditions provided in, and in accordance with, either this chapter or Chapter 1 (commencing with Section 6001). (b) On and after January 1, 1990, the compensation to be paid for the franchises, licenses, permits, or other privileges granted by any city, county, or city and county, including those holding a freeholder’s charter, shall be as provided in Section 6231.5. (c) It is the intent of the Legislature, in enacting this section, to preempt the ordinance of any chartered municipality insofar as that ordinance governs the granting of franchises to construct facilities which are part of a pipeline system transmitting oil or products thereof. (Added by Stats. 1989, Ch. 1444, Sec. 3.)
  154. 621.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    A street railroad corporation may condemn property needed to build and maintain its street railroad.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 621. A street railroad corporation may condemn any property necessary for the construction and maintenance of its street railroad. (Added by Stats. 1975, Ch. 1240.)
  155. 622.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    Motor carriers and water carriers may condemn property needed for terminal facilities.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 622. (a) As used in this section, “motor carrier” means: A passenger stage corporation as defined in Section 226. (b) As used in this section, “water carrier” means a common carrier operating upon any waterway in this state between fixed termini or over a regular route. (c) A motor carrier or water carrier may condemn any property necessary for the construction and maintenance of terminal facilities for the receipt, transfer, or delivery of the passengers or property it carries or for other terminal facilities of any such carrier. (Amended by Stats. 1996, Ch. 1042, Sec. 16. Effective September 29, 1996.)
  156. 623.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    A warehouseman may condemn property needed to construct and maintain its property-storage facilities.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 623. A warehouseman may condemn any property necessary for the construction and maintenance of its facilities for storing property. (Added by Stats. 1975, Ch. 1240.)
  157. 6231.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 2. Manner of Granting [6231 - 6235] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    A franchise applicant must file an application with the municipality’s legislative body and include specified details, including the applicant’s name, the franchise purpose and term, and the payment terms required by the section.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 2. Manner of Granting [6231 - 6235] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 6231. An applicant for a franchise shall file with the legislative body of the municipality in which the franchise is desired an application stating all of the following: (a) The name of the applicant. (b) The purpose and term, whether definite or indeterminate, for which the franchise is desired. (c) That the applicant if granted the franchise will pay to the municipality during the life of the franchise 2 percent of the applicant’s gross annual receipts arising from the use, operation, or possession of the franchise, except that this payment shall be not less than 1 percent of the applicant’s gross annual receipts derived from the sale within the limits of the municipality of the utility service for which the franchise is awarded. If the application is for a franchise complementary to a franchise derived under Section 19 of Article XI of the California Constitution as that section existed prior to its amendment on October 10, 1911, then the applicant shall pay annually, if the application is for an electric franchise, 2 percent of the applicant’s gross annual receipts arising from the use, operation, or possession of the franchise, except that this payment shall be not less than one-half of 1 percent of the applicant’s gross annual receipts from the sale of electricity within the limits of the municipality under both the electric franchises; or, if the application is for a gas, oil pipeline, or water franchise, 2 percent of the applicant’s gross annual receipts arising from the use, operation, or possession of the franchise, except that this payment shall be not less than 1 percent of the gross annual receipts from the sale of gas or water within the limits of the municipality under both the gas franchises or both the water franchises. Notwithstanding any other provision of this section, if the application is for a franchise for a nonpublic utility pipeline for industrial gas or oil or products thereof, the application shall state that the applicant, if granted the franchise, will pay to the municipality during the life of the franchise either a specified percentage agreed to by the applicant and the municipality of the gross annual receipts of the applicant arising from the use, operation, or possession of the franchise or an annual franchise fee in an amount agreed to by the applicant and the municipality or an annual franchise fee computed by multiplying the sum of one-half cent ($0.005) times the nominal internal diameter of the pipe, expressed in inches, times the number of lineal feet of the pipe within the public streets, ways, alleys, or other public places within the municipality. (Amended by Stats. 1984, Ch. 197, Sec. 3.)
  158. 6231.5.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 2. Manner of Granting [6231 - 6235] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    An applicant for an oil or oil-products pipeline franchise must file an application with the municipality’s legislative body and include specified details, including the fee terms.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 2. Manner of Granting [6231 - 6235] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 6231.5. (a) An applicant for a franchise to build and operate a pipeline system transmitting oil or products thereof shall file with the legislative body of the municipality in which the franchise is desired an application stating all of the following: (1) The name of the applicant. (2) The purpose and term, whether definite or indeterminate, for which the franchise is desired. (3) That the applicant, if granted the franchise, permit, license, or other privilege, will pay to the municipality an annual fee computed as follows: The length of pipe expressed in feet located within the franchised area shall be multiplied by the applicable base rate, as adjusted pursuant to subdivision (d), in accordance with the following schedule: Pipe size (internal Base rate diameter in inches) _____ per lineal foot 0–4 $0.088 6 0.132 8 0.176 10 0.220 12 0.264 14 0.308 16 0.352 18 0.396 20 0.440 22 0.484 24 0.528 26 0.572 28 0.616 30 0.660 For pipelines with an internal diameter not listed above, the fees shall be in the same proportion to the fees of a 12-inch-diameter pipe as the diameter of the unlisted pipe is to 12 inches. (b) The annual payment for each lineal foot of pipeline shall be computed and revised each calendar year as follows: (1) The applicable base rate shall be multiplied by the Consumer Price Index for the area, as published by the United States Department of Labor, Office of Information for the month of September immediately preceding the month in which payment is due and payable, and divided by the Consumer Price Index for June 30, 1989, which is declared to be 100.0. Under no circumstances shall the multiplying factor be less than one. (2) If the United States Department of Labor, Office of Information discontinues the preparation or publication of a Consumer Price Index for the area, and if no translation table prepared by the Department of Labor is available so as to make those statistics which are then available applicable to the index of June 30, 1989, the municipality shall prescribe a rate of payment which shall, in its judgment, vary from the rates specified in this section in approximate proportion as commodity consumer prices then current vary from commodity consumer prices current in December 1988. On this point, the determination by the municipality shall be final and conclusive. (c) No fee paid to any municipality pursuant to a franchise, permit, license, or other privilege issued under an ordinance which is in effect on September 1, 1989, which exceeds the fee computed under this section shall be reduced. On or after January 1, 1990, a municipality may collect an additional amount which represents the percentage increase in the Consumer Price Index for the area during the preceding calendar year applied to that fee. The formula used in arriving at that fee shall be applicable to any replacement, modification, or extension of the pipeline. Upon expiration of a franchise, permit, license, or other privilege, the municipality may renew or extend the franchise, permit, license, or other privilege, using the local formula contained in an ordinance which is in effect on September 1, 1989. However, the fee shall not exceed the greater of the fee actually paid on September 1, 1989, or the fee computed pursuant to this section. (d) Notwithstanding any other provision of law, until January 1, 1990, a municipality which is involved in eminent domain proceedings in which a court order for possession has been issued relating to an easement for a pipeline system transmitting oil or products thereof may adopt an ordinance setting its fee without following the provisions of this section. Upon expiration of the ordinance, the municipality may renew or extend the franchise, license, permit, or other privilege, utilizing the local formula in effect on January 1, 1990, or the fee computed pursuant to this section, whichever is greater. (e) Notwithstanding any other provision of this section, if the application is for a franchise for a nonpublic utility pipeline for industrial gas or oil or products thereof, the application shall state that the applicant, if granted the franchise, will pay to the municipality during the life of the franchise either of the following: (1) A specified percentage agreed to by the applicant and the municipality of the gross annual receipts of the applicant arising from the use, operation, or possession of the franchise. (2) An annual franchise fee in an amount agreed to by the applicant and the municipality, or an annual franchise fee computed by multiplying the sum of one-half of the nominal internal diameter of the pipe, expressed in inches, by the number of lineal feet of the pipe within the public streets, ways, alleys, or other public places within the municipality. (f) Any nonpublic utility pipeline system transmitting oil or products thereof covered by subdivision (e) on December 31, 1989, that converts to public utility status shall continue to pay the fee established pursuant to subdivision (e) for the remaining term of its franchise, license, permit, or other privilege. Upon expiration of its franchise, license, permit, or other privilege, a nonpublic utility pipeline system transmitting oil or products thereof that has converted or seeks to convert to public utility status shall establish to the satisfaction of the franchising authority all of the following: (1) Its property is dedicated to the service of the public. (2) Its rates for transportation are established pursuant to tariffs filed with the Public Utilities Commission. (3) Its accounts and records are established pursuant to rules and regulations adopted by the commission. (4) It has filed an appropriate annual report with the commission. (5) Its rates for transportation are just, reasonable, and nondiscriminatory, as evidenced either by an order of the commission approving those rates, or an application for approval of its rates that is pending with the commission. (Added by Stats. 1989, Ch. 1444, Sec. 4.)
  159. 6232.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 2. Manner of Granting [6231 - 6235] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    After an application is received, the municipality’s legislative body may adopt a resolution to consider granting the franchise, and the clerk must publish notice of the hearing within 15 days.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 2. Manner of Granting [6231 - 6235] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 6232. Upon receipt of the application the legislative body of the municipality may pass its resolution declaring its intention to grant the franchise applied for, stating the character of the franchise, setting forth a notice of the day, hour, and place when and where all persons having any objection to the granting thereof may appear before the legislative body and be heard thereon, and directing the clerk of the legislative body to publish the notice at least once within fifteen (15) days after the passage of the resolution in a newspaper of general circulation within the municipality. The time fixed for the hearing shall be not less than twenty (20) nor more than sixty (60) days after the date of the passage of the resolution. (Enacted by Stats. 1951, Ch. 764.)
  160. 6233.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 2. Manner of Granting [6231 - 6235] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The hearing notice must state that the franchise grantee and its successors and assigns will pay the municipality the percentage listed in the application, annually from the grant date, and that nonpayment will forfeit the franchise.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 2. Manner of Granting [6231 - 6235] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 6233. The notice of the time and place of hearing objections shall state that the grantee of the franchise and its successors and assigns will, during the life of its franchise, pay to the municipality the percentage specified in its application, that the percentage will be paid annually from the date of the granting of the franchise, and in the event such payment is not made the franchise will be forfeited. The notice shall also designate the term, whether definite or indeterminate, for which the franchise is proposed to be granted. (Enacted by Stats. 1951, Ch. 764.)
  161. 6234.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 2. Manner of Granting [6231 - 6235] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Interested persons may file a written protest against granting the franchise before the hearing deadline, and the legislative body must hear and decide any protests before it may grant the franchise.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 2. Manner of Granting [6231 - 6235] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 6234. At any time not later than the hour set for the hearing of objections, any person interested may make written protest stating objections against the granting of the franchise. The protest shall be signed by the protestant and be delivered to the clerk of the legislative body. At the time set for hearing objections the legislative body shall proceed to hear and pass upon all protests so made and its decision shall be final and conclusive, subject to the right of referendum of the people. The legislative body may adjourn the hearing from time to time. If no protest in writing is delivered to the clerk up to the hour set for hearing, or such protests as are filed have been heard and determined by the legislative body to be insufficient, or have been overruled or denied, the legislative body may grant the franchise. The franchise shall be granted by ordinance adopted in the manner prescribed by law for the enactment of ordinances by the granting body. (Enacted by Stats. 1951, Ch. 764.)
  162. 6235.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 2. Manner of Granting [6231 - 6235] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    A franchise under this chapter is not effective until the grantee files written acceptance with the clerk of the granting municipality.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 2. Manner of Granting [6231 - 6235] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 6235. A franchise granted under this chapter does not become effective until the grantee files written acceptance thereof with the clerk of the granting municipality. When so filed the acceptance constitutes a continuing agreement by the grantee that if and when the granting municipality thereafter annexes, or consolidates with, additional territory, all franchises, rights and privileges owned by the grantee therein, except a franchise derived under Section 19 of Article XI of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911, shall be deemed abandoned within the limits of the additional territory. (Enacted by Stats. 1951, Ch. 764.)
  163. 624.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    A sewer system corporation may condemn property needed to build and maintain its sewer system.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Rights and Obligations of Public Utilities [451 - 666] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 624. A sewer system corporation may condemn any property necessary for the construction and maintenance of its sewer system. (Added by Stats. 1975, Ch. 1240.)
  164. 625.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    This section limits when a public utility with competitive services may condemn property, and sets hearing, notice, and decision procedures for 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 625. (a) (1) (A) For the purpose of this article, except as specified in paragraph (4), a public utility that offers competitive services may not condemn any property for the purpose of competing with another entity in the offering of those competitive services, unless the commission finds that such an action would serve the public interest, pursuant to a petition or complaint filed by the public utility, personal notice of which has been served on the owners of the property to be condemned, and an adjudication hearing in accordance with Chapter 9 (commencing with Section 1701), including an opportunity for the public to participate. (B) The requirements of this section do not apply to the condemnation of any property that is necessary solely for an electrical company or gas corporation to meet its commission-ordered obligation to serve. Proposed exercises of eminent domain by electrical or gas corporations that initially, or subsequently, acquire property for either commission-ordered electrical corporation obligation to serve and competitive telecommunications services or gas corporation obligation to serve and telecommunications services are subject to paragraph (2) of subdivision (b). For property acquired through the exercise of eminent domain after January 1, 2000, by an electrical or gas corporation solely to meet its commission-ordered obligation to serve, any electrical or gas corporation, or subsidiary or affiliate, that intends to install telecommunication equipment on the property for the purpose of providing competitive telecommunications services shall provide notice for the planned installation in the commission calendar. (2) (A) Before making a finding pursuant to this subdivision, the commission shall conduct the hearing in the local jurisdiction that would be affected by the proposed condemnation. The hearing shall commence within 45 days of the date that the petition or complaint is filed, unless the respondent establishes that an extension of not more than 30 days is necessary for discovery or other hearing preparation. The commission shall provide public notice of the hearing pursuant to the procedures of the commission and shall also notify the local jurisdiction. In addition, the commission shall provide the local jurisdiction with copies of the notice of hearing in time for the local jurisdiction to mail that notice at least seven days in advance of the hearing to all persons who have requested copies of the local jurisdiction’s agenda or agenda packet pursuant to Section 54954.1 of the Government Code. (B) For purposes of subparagraph (A), “local jurisdiction” means each city within whose boundaries property sought to be taken by eminent domain is located, and if property sought to be taken is not located within city boundaries, each county within whose boundaries that property is located. However, where there is more than one local jurisdiction with respect to a single complaint or petition, the commission shall provide notice and copies of notices for mailing to all local jurisdictions involved, but shall hold only a single hearing in any one of those local jurisdictions. (3) (A) The assigned commissioner or administrative law judge shall render a decision on making a finding in accordance with this subdivision within 45 days of the conclusion of the hearing, unless further briefing is ordered, in which event this period may be extended by up to 30 additional days to allow for briefing. (B) If the rendering of a decision pursuant to this subdivision requires review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), then the time limits contained in subparagraph (A) of paragraph (2) and subparagraph (A) of paragraph (3) shall be extended as needed to accommodate that review. (4) This subdivision and Section 626 do not apply to a railroad corporation, a refined petroleum product common carrier pipeline corporation, or a water corporation. (b) The commission may make a finding pursuant to subdivision (a) if, in the determination of the commission, either of the following conditions is met: (1) The proposed condemnation is necessary to provide service as a provider of last resort to an unserved area, except when there are competing offers from facility-based carriers to serve that area. (2) The public utility is able to show all of the following with regard to the proposed condemnation: (A) The public interest and necessity require the proposed project. (B) The property to be condemned is necessary for the proposed project. (C) The public benefit of acquiring the property by eminent domain outweighs the hardship to the owners of the property. (D) The proposed project is located in a manner most compatible with the greatest public good and least private injury. (c) The commission shall develop procedures to facilitate access for affected property owners to eminent domain proceedings pursuant to this section, and to facilitate the participation of those owners in those proceedings. (d) Nothing in this section relieves a public utility from complying with Section 1240.030 of the Code of Civil Procedure or any other requirement imposed by law. (e) A public utility that does not comply with this section may not exercise the power of eminent domain, including, but not limited to, any authority provided by Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure. (f) The authority provided in this section supplements, and does not replace or otherwise affect any other limitation in law on the exercise of the power of eminent domain, including, but not limited to, any authority provided by Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure. (g) (1) At the request of a public utility gas corporation, the commission shall hold the local hearing required in subparagraphs (A) and (B) of paragraph (2) of subdivision (a) and make and certify the finding required by paragraph (1) of subdivision (a) as part of the procedure to issue a certificate of public convenience and necessity. (2) Notwithstanding any other provision of law, if the commission holds public hearings during the certification procedure for the purpose of making the determination required under paragraph (2) of subdivision (b), the commission shall have an additional 45 days beyond the date of any otherwise applicable statutory or regulatory deadline for making a determination. (Amended by Stats. 2001, 2nd Ex. Sess., Ch. 14, Sec. 1. Effective August 8, 2002.)
  165. 626.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. )

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    A public utility may not make exclusive access agreements, or take similar actions, that limit another public utility from serving a tenant or other occupant of the property, on or after January 1, 2000.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 7. Eminent Domain [610 - 626] ( Article 7 added by Stats. 1975, Ch. 1240. ) ## 626. On or after January 1, 2000, a public utility may not enter into any exclusive access agreement with the owner or lessor of, or a person controlling or managing, a property or premises served by the public utility, or commit or permit any other act, that would limit the right of any other public utility to provide service to a tenant or other occupant of the property or premises. (Added by Stats. 1999, Ch. 774, Sec. 4. Effective January 1, 2000.)
  166. 6261.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 3. Scope of Franchise [6261 - 6265] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    A franchise under this chapter replaces other franchises, rights, and privileges for the same utility service within the municipality, subject to a stated constitutional exception.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 3. Scope of Franchise [6261 - 6265] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 6261. Any franchise granted under this chapter with respect to a given utility service is in lieu of all other franchises, rights, or privileges owned by the grantee, or by any successor of the grantee to any rights under the franchise, for transmitting and distributing the utility service within the limits of the municipality as such limits exist at the time of the granting of the franchise or as they may thereafter exist except any franchise derived under Section 19 of Article XI of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of any such franchise granted under this chapter shall operate as an abandonment of all such franchises, rights, and privileges within the limits of such municipality as such limits at any time exist, in lieu of which the franchise is granted under this chapter. (Enacted by Stats. 1951, Ch. 764.)
  167. 6262.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 3. Scope of Franchise [6261 - 6265] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    A franchise under this chapter does not limit the granting municipality’s right to buy or condemn the grantee’s property, or its right of eminent domain over public utilities.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 3. Scope of Franchise [6261 - 6265] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 6262. No franchise granted under this chapter in any way impairs or affects the right of the granting municipality to acquire the property of the grantee by purchase or condemnation, and nothing contained in such a franchise shall be construed to contract away, modify or abridge either for a term or in perpetuity the municipality’s right of eminent domain in respect to any public utility. (Enacted by Stats. 1951, Ch. 764.)
  168. 6263.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 3. Scope of Franchise [6261 - 6265] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    A franchise granted under this chapter cannot be valued in court or before a public authority above the grantee’s publication costs and any other amount paid to the municipality when it was acquired.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 3. Scope of Franchise [6261 - 6265] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 6263. No franchise granted under this chapter shall ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the grantee of the necessary publication and any other sum paid by it to the municipality therefor at the time of acquisition. (Enacted by Stats. 1951, Ch. 764.)
  169. 6264.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 3. Scope of Franchise [6261 - 6265] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    Franchises granted under this chapter are generally indeterminate unless the ordinance sets a definite term.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 3. Scope of Franchise [6261 - 6265] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 6264. Every franchise granted pursuant to this chapter, except when a definite term therefor is specified in the ordinance granting it, is indeterminate, that is to say, every such franchise shall endure in full force and effect until, with the consent of the Public Utilities Commission, it is voluntarily surrendered or abandoned by its possessor, or until the State or some municipal or public corporation purchases by voluntary agreement or condemns and takes under the power of eminent domain, all property actually used and useful in the exercise of the franchise and situate within the territorial limits of the State, municipal, or public corporation purchasing or condemning such property, or until the franchise is forfeited for noncompliance with its terms by the possessor thereof. (Amended by Stats. 1951, Ch. 817.)
  170. 6265.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 3. Scope of Franchise [6261 - 6265] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A franchise under this section gives the grantee the right to use or install certain utility pipes, conduits, and related appurtenances within municipal public ways.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 3. Scope of Franchise [6261 - 6265] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 6265. Every gas franchise granted pursuant to this chapter confers upon the grantee the right to use, or to lay and use, gas pipes and appurtenances for the purpose of transmitting and distributing gas; every oil franchise so granted confers upon the grantee thereof the right to use, or lay and use, oil pipes and appurtenances for the purpose of transmitting and distributing oil or products thereof; every industrial gas franchise so granted confers upon the grantee the right to use, or lay and use, industrial gas pipelines and appurtenances for the purpose of transmitting and distributing industrial gas; every water franchise so granted confers upon the grantee thereof the right to use, or to lay and use, pipes, ditches, flumes, conduits, and appurtenances for the purpose of transmitting and distributing water; and every electric franchise so granted confers upon the grantee thereof the right to use, or to construct and use, poles, wires or conduits and appurtenances for the purpose of transmitting and distributing electricity for all purposes, under, along, across, or upon the public streets, ways, alleys, and places as they now or hereafter exist within the municipality. (Amended by Stats. 1984, Ch. 197, Sec. 4.)
  171. 6291.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A franchise grantee must comply with chapter requirements, start compliance work within 10 days after written demand, and keep working with due diligence; otherwise the municipality’s legislative body may forfeit the franchise.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6291. If the grantee of any franchise granted under this chapter fails, neglects or refuses to comply with any of the provisions or conditions prescribed in this chapter, and does not within ten (10) days after written demand for compliance begin the work of compliance, or after such beginning does not prosecute the work with due diligence to completion, the municipality, by its legislative body, may declare the franchise forfeited. (Enacted by Stats. 1951, Ch. 764.)
  172. 6292.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A municipality may sue to forfeit a franchise if the grantee, or the grantee’s successors or assigns, fail to comply with the franchise conditions.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6292. Any municipality may sue in its own name for the forfeiture of any franchise granted pursuant to this chapter, in the event of noncompliance with any of the conditions thereof by the grantee, its successors, or assigns. (Enacted by Stats. 1951, Ch. 764.)
  173. 6293.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The grantee must reimburse the municipality for publication expenses related to granting the franchise, and pay within 30 days after receiving a written expense statement.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6293. The grantee shall pay to the municipality a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of the franchise. Such payment shall be made within thirty (30) days after the municipality furnishes the grantee with a written statement of the expenses. (Enacted by Stats. 1951, Ch. 764.)
  174. 6294.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A franchise grantee must build, install, and keep utility facilities maintained in line with municipal ordinances and rules, so long as they do not conflict with state authority; for state highways, the grantee must also follow laws on location and maintenance.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6294. The grantee of a franchise under this chapter shall construct, install, and maintain all pipes, conduits, poles, wires, and appurtenances in accordance and in conformity with all of the ordinances and rules adopted by the legislative body of the municipality in the exercise of its police powers and not in conflict with the paramount authority of the State, and, as to state highways, subject to the laws relating to the location and maintenance of such facilities therein. (Enacted by Stats. 1951, Ch. 764.)
  175. 6295.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The grantee must pay the municipality, on demand, for repairs to public property that are made necessary by the grantee’s operations under the franchise.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6295. The grantee shall pay to the municipality on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under the franchise. (Enacted by Stats. 1951, Ch. 764.)
  176. 6296.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The grantee must indemnify and hold harmless the municipality and its officers for damages caused by operations under the franchise.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6296. The grantee shall indemnify and hold harmless the municipality and its officers from all liability for damages proximately resulting from any operations under the franchise. (Enacted by Stats. 1951, Ch. 764.)
  177. 6297.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The grantee must move franchise facilities at its own expense when the municipality’s lawful street changes make relocation necessary.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6297. The grantee shall remove or relocate without expense to the municipality any facilities installed, used, and maintained under the franchise if and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley, or place, including the construction of any subway or viaduct, by the municipality. (Enacted by Stats. 1951, Ch. 764.)
  178. 6298.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A grantee must file certified written evidence of certain franchise transfers with the municipality within 30 days.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6298. The grantee shall file with the legislative body of the municipality within thirty (30) days after any sale, transfer, assignment, or lease of the franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the transaction certified to by the grantee or its duly authorized officers. (Enacted by Stats. 1951, Ch. 764.)
  179. 6299.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The grantee must file a verified statement with the municipal clerk showing detailed gross receipts from the utility service.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6299. The grantee shall file with the clerk of the municipality, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of the franchise and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts of the grantee, its successors, or assigns during the preceding calendar year or fractional calendar year from the sale of the utility service for which the franchise was granted. (Enacted by Stats. 1951, Ch. 764.)
  180. 6300.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The grantee must pay the municipality a specified percentage of gross receipts within 15 days after the gross receipts statement filing time.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6300. The grantee shall pay to the municipality within fifteen (15) days after the time for filing its statement of gross receipts, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year or fractional calendar year covered by the statement. Any neglect, omission, or refusal by the grantee to file the verified statement, or to pay the percentage at the times or in the manner provided constitutes grounds for the declaration of a forfeiture of the franchise and of all rights thereunder. (Enacted by Stats. 1951, Ch. 764.)
  181. 6301.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A franchise grantee may be required to post an approved bond and, if required, must file it with the legislative body within five days after the franchise is granted.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6301. (a) The grantee of a franchise under this chapter may be required to file a bond running to the municipality approved by the legislative body, in a penal sum prescribed by the legislative body and set forth in the resolution of intention to grant the franchise, conditioned that the grantee shall well and truly observe, fulfill, and perform each term and condition of the franchise, and that in case of any breach of condition of the bond the amount of the penal sum therein named shall be recoverable. (b) The bond, if required by the legislative body, shall be filed with the legislative body within five days after the date of the granting of the franchise. If the bond is not so filed, or does not receive the approval of the legislative body, the franchise may be refused or forfeited and any money paid to the municipality in connection therewith shall be retained by the municipality. (Amended by Stats. 1982, Ch. 517, Sec. 359.)
  182. 6302.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A franchise grantee is liable to the granting municipality for damages caused by failing to properly follow the franchise and this chapter.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2. Gas, Oil, Electric, and Water Franchises by Municipalities [6201 - 6302] ( Heading of Chapter 2 amended by Stats. 1965, Ch. 626. ) ## ARTICLE 4. Duties and Liabilities of Grantee [6291 - 6302] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 6302. The grantee of a franchise under this chapter shall be liable to the granting municipality for all damages proximately resulting from the failure of the grantee well and faithfully to observe and perform any provision of the franchise and any provision of this chapter. (Enacted by Stats. 1951, Ch. 764.)
  183. 631.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 8. Consultant and Advisory Services [631 - 633] ( Heading of Article 8 amended by Stats. 1985, Ch. 1088, Sec. 1. )

    Verify source ↗

    The commission must require certain large electrical and gas corporations to reimburse it for necessary consultant or advisory expenses.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 8. Consultant and Advisory Services [631 - 633] ( Heading of Article 8 amended by Stats. 1985, Ch. 1088, Sec. 1. ) ## 631. In addition to the requirements of Article 1 (commencing with Section 1001) of Chapter 5 and any other provisions of law, the commission shall require every electrical corporation and every gas corporation proposing to construct or modify any electric plant or gas plant at a cost in excess of one hundred million dollars ($100,000,000) to reimburse the commission for expenses of such consultants or advisory services as the commission deems necessary for either or both of the following: (a) The processing of an application for certification of the plant. (b) The processing of an application for approval of any rate increase reflecting the inclusion of the cost of the plant in the rates of the corporation. This subdivision applies to any plant for which the costs of construction or modification are approved for inclusion in the corporation’s rates on or after January 1, 1983. (Added by Stats. 1982, Ch. 1139, Sec. 2.)
  184. 632.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 8. Consultant and Advisory Services [631 - 633] ( Heading of Article 8 amended by Stats. 1985, Ch. 1088, Sec. 1. )

    Verify source ↗

    The commission must follow specified Government Code and Public Contract Code requirements when entering consultant or advisory service contracts, unless it finds extraordinary circumstances justifying expedited contracting.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 8. Consultant and Advisory Services [631 - 633] ( Heading of Article 8 amended by Stats. 1985, Ch. 1088, Sec. 1. ) ## 632. For purposes of entering into contracts for consultant or advisory services, the requirements of Sections 11042 and 14615 of the Government Code and Sections 10295 and 10318 of the Public Contract Code apply to the activities of the commission, except when the commission makes a finding that extraordinary circumstances justify expedited contracting for consultant or advisory services. (Amended by Stats. 1993, Ch. 1035, Sec. 7. Effective January 1, 1994.)
  185. 633.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 8. Consultant and Advisory Services [631 - 633] ( Heading of Article 8 amended by Stats. 1985, Ch. 1088, Sec. 1. )

    Verify source ↗

    Section 632’s requirements do not apply to contracts for legal services, and the commission must notify the Attorney General when it contracts for legal services from outside attorneys.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 8. Consultant and Advisory Services [631 - 633] ( Heading of Article 8 amended by Stats. 1985, Ch. 1088, Sec. 1. ) ## 633. The requirements of Section 632 do not apply to contracts for legal services. The commission shall notify the Attorney General when contracting for legal services by attorneys who are not employees of the commission. (Added by Stats. 2017, Ch. 421, Sec. 19. (SB 19) Effective January 1, 2018.)
  186. 635.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 9. Long-Term Plans and Procurement Plans [635- 635.] ( Article 9 added by Stats. 2006, Ch. 464, Sec. 20. )

    Verify source ↗

    An electrical corporation or local publicly owned electric utility must adopt a strategy in certain plans for newly constructed and repowered generation to improve fossil-fuel efficiency and address greenhouse gas emissions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( 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 9. Long-Term Plans and Procurement Plans [635- 635.] ( Article 9 added by Stats. 2006, Ch. 464, Sec. 20. ) ## 635. In a long-term plan adopted by an electrical corporation or in a procurement plan implemented by a local publicly owned electric utility, the electrical corporation or local publicly owned electric utility shall adopt a strategy applicable both to newly constructed and repowered generation owned and procured by the electrical corporation or local publicly owned electric utility to achieve efficiency in the use of fossil fuels and to address emissions of greenhouse gases. (Amended by Stats. 2019, Ch. 818, Sec. 1. (AB 1083) Effective January 1, 2020.)
  187. 6350.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Municipal Public Lands Use Surcharge [6350 - 6354.1] ( Chapter 2.5 added by Stats. 1993, Ch. 233, Sec. 2. ) ## ARTICLE 1. Intent [6350- 6350.] ( Article 1 added by Stats. 1993, Ch. 233, Sec. 2. )

    Verify source ↗

    A surcharge is created for natural gas and electricity transported over utility or nonutility systems within a municipality to replace, but not increase, franchise fees.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Municipal Public Lands Use Surcharge [6350 - 6354.1] ( Chapter 2.5 added by Stats. 1993, Ch. 233, Sec. 2. ) ## ARTICLE 1. Intent [6350- 6350.] ( Article 1 added by Stats. 1993, Ch. 233, Sec. 2. ) ## 6350. There is hereby created a surcharge to be applied to natural gas and electricity transported over utility and nonutility transmission or distribution systems, or both, constructed under, along, across, or upon the public streets, ways, alleys, and places within a municipality, to replace, but not increase, franchise fees that would have been collected pursuant to this division if not for changes in the regulatory environment such as the “unbundling” of the gas industry. (Added by Stats. 1993, Ch. 233, Sec. 2. Effective August 2, 1993.)
  188. 6351.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Municipal Public Lands Use Surcharge [6350 - 6354.1] ( Chapter 2.5 added by Stats. 1993, Ch. 233, Sec. 2. ) ## ARTICLE 2. Definitions [6351- 6351.] ( Article 2 added by Stats. 1993, Ch. 233, Sec. 2. )

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    This section defines key terms used in the chapter, including “municipality,” “energy transporter,” “transportation customer,” and “surcharge.”

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Municipal Public Lands Use Surcharge [6350 - 6354.1] ( Chapter 2.5 added by Stats. 1993, Ch. 233, Sec. 2. ) ## ARTICLE 2. Definitions [6351- 6351.] ( Article 2 added by Stats. 1993, Ch. 233, Sec. 2. ) ## 6351. As used in this chapter: (a) “Municipality” includes counties. (b) “Energy transporter” means and includes every utility and nonutility owner or operator, or both, of a natural gas or electric transmission or distribution system, or both, subject to a franchise agreement executed pursuant to this division, provided that proprietary gas pipelines whose franchise fees are set forth in Article 2 (commencing with Section 6231) of Chapter 2 shall not be covered by this chapter. (c) “Transportation customer” means every person, firm, or corporation, other than the State of California or a political subdivision thereof, transporting gas or electricity on an energy transporter’s transmission or distribution system, or both, when the gas or electricity was purchased by the transportation customer from a third party. Transportation customer shall not include one gas utility transporting gas, for end use in its commission designated service area through another gas utility’s service area, nor shall transportation customer include a utility transporting its own gas through its own gas transmission or distribution system, or both, for purposes of generating electricity or for use in its own operations. In addition, “transportation customer” shall not include a cogeneration or nonutility generation facility when the facility transports electricity through its own electric transmission or distribution system or otherwise delivers electricity in the manner described in Section 218. (d) “Surcharge” means a municipal surcharge for the use of public lands by a transportation customer as defined in subdivision (c). (Amended by Stats. 1997, Ch. 487, Sec. 1. Effective January 1, 1998.)
  189. 6352.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Municipal Public Lands Use Surcharge [6350 - 6354.1] ( Chapter 2.5 added by Stats. 1993, Ch. 233, Sec. 2. ) ## ARTICLE 3. Surcharge [6352 - 6353] ( Article 3 added by Stats. 1993, Ch. 233, Sec. 2. )

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    This section requires certain transportation customers to pay a surcharge, limits when counties and municipalities can impose or recover it, and gives some gas transporters special exceptions or alternative treatment.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Municipal Public Lands Use Surcharge [6350 - 6354.1] ( Chapter 2.5 added by Stats. 1993, Ch. 233, Sec. 2. ) ## ARTICLE 3. Surcharge [6352 - 6353] ( Article 3 added by Stats. 1993, Ch. 233, Sec. 2. ) ## 6352. (a) Notwithstanding any other provision of law, a transportation customer who receives transportation service on a natural gas or electric transmission or distribution system, or both, subject to a franchise agreement executed pursuant to this division from an energy transporter shall be subject to a surcharge as defined in Section 6353. Notwithstanding any other provision of this chapter, no county shall impose a surcharge pursuant to this chapter in an incorporated area. (b) Notwithstanding subdivision (a), the surcharge assessed for gas used to generate electricity by a nonutility facility shall be the same as the surcharge assessed for gas used to generate electricity by the electric utility for that quantity of gas described in Section 454.4. The surcharge amount for electricity shall not apply to the sale of electricity from a cogeneration or nonutility facility to an entity for resale to a retail customer. (c) Nothing in this chapter permits a municipality to recover surcharges imposed pursuant to this chapter on the commodity cost of gas or electricity transported for transportation customers in addition to franchise fees calculated on the imputed value of the same quantities of gas or electricity. If a municipality has a franchise agreement with an energy transporter that requires the energy transporter to pay a franchise fee based upon an imputed value for the commodity cost of gas or electricity transported but not sold by the energy transporter, the energy transporter may apply the surcharge imposed by this chapter toward the amount of the franchise fee due under the franchise agreement. (d) Nothing in this chapter shall in any way affect the rights of the parties to existing franchise agreements executed pursuant to this division that are in force on the effective date of this chapter. (e) Notwithstanding subdivision (a), the surcharge shall not apply to corporations transporting natural gas pursuant to a “gas transportation only” agreement in effect prior to January 1, 1986. (f) Notwithstanding subdivision (a), an energy transporter of gas that is required to obtain a franchise agreement with a municipality, and that is subject to the jurisdiction of the Federal Energy Regulatory Commission, shall not be required to collect the surcharge imposed by this chapter, but shall be required to negotiate with the municipality under the provisions of this division, franchise fees that recover amounts equivalent to those amounts that would otherwise have been recovered pursuant to this chapter. (Amended by Stats. 1997, Ch. 487, Sec. 2. Effective January 1, 1998.)
  190. 6353.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Municipal Public Lands Use Surcharge [6350 - 6354.1] ( Chapter 2.5 added by Stats. 1993, Ch. 233, Sec. 2. ) ## ARTICLE 3. Surcharge [6352 - 6353] ( Article 3 added by Stats. 1993, Ch. 233, Sec. 2. )

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    The energy transporter must calculate the surcharge for each transportation customer using specified volume, cost, and franchise-fee steps, and the surcharge applies only to the end use point.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Municipal Public Lands Use Surcharge [6350 - 6354.1] ( Chapter 2.5 added by Stats. 1993, Ch. 233, Sec. 2. ) ## ARTICLE 3. Surcharge [6352 - 6353] ( Article 3 added by Stats. 1993, Ch. 233, Sec. 2. ) ## 6353. For purpose of calculating the surcharge required in Section 6352, the energy transporter shall do all of the following: (a) For each transportation customer, determine the volume of transported gas or electricity, in therms or kilowatt hours respectively, subject to the surcharge. (b) Determine the weighted average cost of the energy transporter’s gas or electricity. For gas, the energy transporter shall use its tariffed core subscription weighted average cost of gas (WACOG) exclusive of any California sourced franchise fee factor. For electricity, the energy transporter shall use that portion of the otherwise applicable utility rate or charge which, pursuant to commissioner order, is removed from the bill of a retail electric customer who has elected direct access to reflect the fact that the customer is purchasing energy from a nonutility provider exclusive of any California sourced franchise fee factor. For an energy transporter that does not provide gas or electricity at a commission tariffed rate, the energy transporter shall use the equivalent tariffed rate of the commission regulated energy transporter operating in the same service area. (c) Determine a product for each transportation customer by multiplying the volume determined pursuant to subdivision (a) by the weighted average cost determined pursuant to subdivision (b). (d) Determine the surcharge applicable to each transportation customer by multiplying the product determined pursuant to subdivision (c) by the sum of the franchise fee factor plus any franchise fee surcharge authorized for the energy transporter as approved by the commission in the energy transporter’s most recent proceeding in which those factors and surcharges were set. An energy transporter not regulated by the commission shall multiply the product determined in subdivision (c) by the franchise fee rate contained in its individual franchise agreement in effect in each municipality. (e) The surcharge assessed pursuant to this chapter only applies to the end use point. (Amended by Stats. 1998, Ch. 485, Sec. 138. Effective January 1, 1999.)
  191. 6354.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Municipal Public Lands Use Surcharge [6350 - 6354.1] ( Chapter 2.5 added by Stats. 1993, Ch. 233, Sec. 2. ) ## ARTICLE 4. Rights, Restrictions, and Compensation [6354 - 6354.1] ( Article 4 added by Stats. 1993, Ch. 233, Sec. 2. )

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    This section sets how utility surcharge amounts are billed, remitted, disclosed, and collected between energy transporters and municipalities.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Municipal Public Lands Use Surcharge [6350 - 6354.1] ( Chapter 2.5 added by Stats. 1993, Ch. 233, Sec. 2. ) ## ARTICLE 4. Rights, Restrictions, and Compensation [6354 - 6354.1] ( Article 4 added by Stats. 1993, Ch. 233, Sec. 2. ) ## 6354. (a) Surcharges calculated pursuant to Section 6353 shall be recovered from the transportation customer through the energy transporter’s normal billing process. (b) Surcharges collected from the transportation customer shall be remitted to the municipality granting a franchise pursuant to this division in the manner and at the time prescribed for payment of franchise fees in the energy transporter’s franchise agreement. In recognition of costs to be incurred by energy transporters in administering the surcharge established by this chapter, the energy transporter may retain interest earned on cash balances resulting from the timing difference between the monthly collection of the surcharge and the remittance thereof, as required by individual franchise agreements. (c) In the event that payment on a transportation customer closed account becomes more than 90 days delinquent, or a transportation customer notifies the utility that they refuse to pay the surcharge, the energy transporter shall, within 30 days, notify the municipality of the delinquency and provide information on the name and address of the delinquent transportation customer and the surcharge amount owed. The energy transporter shall not be liable for these delinquent surcharges. (d) The municipality, including its authorized officials, employees, and agents shall use the delinquent transportation customer information only for the purpose of enforcing the surcharge and shall not disclose the information to any officials, employees, agents, or any third parties who are not responsible for and involved in the enforcement of the municipality’s franchise agreements. Nothing herein precludes the municipality, through appropriate officials, employees, or agents, from contacting the transportation customers in order to collect any surcharges due from the transportation customer. (e) By March 31 of each year, every person, firm, or corporation that transports gas or electricity to any other person, firm, or corporation within a municipality, upon request of the municipality, shall provide the names and addresses of each of its transportation customers and other information for the preceding calendar year as may be necessary for the municipality to enforce its taxes and fees. The municipality, including its authorized employees and agents, shall use the transportation customer information and any other customer specific information only for the purpose of enforcing its taxes and fees and shall not disclose the information to any officials, employees, agents, or any third parties not responsible for, and involved in, the enforcement of the taxes and fees. Nothing in this subdivision shall prohibit the municipality, through appropriate officials, employees, or agents, from contacting the customers in order to collect any taxes and fees due from the customer. (f) Notwithstanding any other provision of law, any transportation customer information provided by an energy transporter to a municipality pursuant to this chapter or pursuant to a utility user tax ordinance is not a public record within the definitions contained in the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (g) In acknowledgment of the potential for systems startup costs to be incurred by the energy transporters in implementing this chapter, authorization is hereby granted for each energy transporter to retain 10 percent of the added fees collected pursuant to this chapter on transported gas or electricity for systems startup costs not to exceed seven hundred fifty thousand dollars ($750,000), provided that the portion of collections withheld by the energy transporter shall be apportioned to all municipalities based upon each municipality’s share of total franchise fees allocated by the transporter in the prior calendar year. (h) Surcharges collected pursuant to this chapter shall be separately identified on the transportation customer’s normal bill. At the request of the energy transporter, the municipality shall publish notice in a newspaper of general circulation announcing the change in method of collecting franchise fees brought about by deregulation. Energy transporters may send out notice to transportation customers announcing the change in method of collecting franchise fees through the surcharge. The mailing costs incurred by the energy transporter shall be considered to be part of the implementation costs referenced in subdivision (g). (i) In the case of partial payment by a transportation customer, the transportation customer payment shall first be applied to the energy transporter charges. Only after all energy transporter charges have been satisfied, shall remaining payment amounts be used to satisfy the municipality’s surcharge requirement. (j) Energy transporter collection of the surcharge shall begin on or before April 1, 1994. During the interim period between expiration of the targeted sales program and implementation of the energy transporters surcharge collection program, upon request of the municipality, the energy transporter shall provide the municipality with a monthly list of the names and addresses of the transportation customers within the municipality’s jurisdiction, the volume of transported gas in therms, the applicable tariffed core subscription weighted average cost of gas (WACOG) exclusive of any California sourced franchise factor, and the franchise fee factor authorized by the commission to enable the municipality to collect the surcharge directly from the transportation customers. Notwithstanding any other provision of law, except as provided in Section 6352, a municipality is hereby authorized to collect an interim surcharge computed in accordance with Section 6353 until the energy transporter commences billing of the surcharge pursuant to this chapter. (Amended by Stats. 2021, Ch. 615, Sec. 400. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  192. 6354.1.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Municipal Public Lands Use Surcharge [6350 - 6354.1] ( Chapter 2.5 added by Stats. 1993, Ch. 233, Sec. 2. ) ## ARTICLE 4. Rights, Restrictions, and Compensation [6354 - 6354.1] ( Article 4 added by Stats. 1993, Ch. 233, Sec. 2. )

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    An energy transporter may choose to show on each customer’s bill the amount attributable to local franchise fee charges.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 2.5. Municipal Public Lands Use Surcharge [6350 - 6354.1] ( Chapter 2.5 added by Stats. 1993, Ch. 233, Sec. 2. ) ## ARTICLE 4. Rights, Restrictions, and Compensation [6354 - 6354.1] ( Article 4 added by Stats. 1993, Ch. 233, Sec. 2. ) ## 6354.1. As an alternative to the requirements of subdivision (h) of Section 6354, an energy transporter may elect to state on each customer’s bill, including both transportation customers and customers receiving bundled services, the amount of that bill which is attributable to local franchise fee charges. (Added by Stats. 1997, Ch. 487, Sec. 4. Effective January 1, 1998.)
  193. 6451.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    A qualifying city or city-and-county governing body may resettle franchise rights and grant a resettlement franchise for certain railroad operators.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 6451. The governing or legislative body of any city or city and county having on July 27, 1917, a freeholders’ charter adopted under Section 8 of Article XI of the State Constitution, which charter provides for the resettlement of and the granting of a resettlement franchise to any person, firm, or corporation engaged in operating a public utility in such city or city and county, is empowered to provide for a general resettlement of the franchise rights and to grant a resettlement franchise to any person, firm, or corporation actually engaged in operating a street, suburban, or interurban railroad in the city or city and county, upon written application therefor, and upon such terms and conditions as are in this chapter provided, and may, in the resettlement of any such franchise impose other and additional terms and conditions not in conflict with this chapter. (Enacted by Stats. 1951, Ch. 764.)
  194. 6452.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    A resettlement franchise must be granted only after the required publication and notice requirements are met.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 6452. The resettlement franchise shall be granted after such publication and upon such notice as the governing or legislative body shall by resolution determine, or failing such determination, after such publication and upon such notice as is prescribed by law for the enactment of ordinances by the governing or legislative body. (Enacted by Stats. 1951, Ch. 764.)
  195. 6453.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    After a resettlement franchise is finally passed, it must be put to the city or city and county electors at the next election at least 20 days later; if no election falls within 20 to 90 days, the governing body may call a special election.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 6453. After the final passage of a resettlement franchise, it shall be referred and submitted to the vote of the electors of the city or city and county at the general or special election next ensuing not less than 20 days after the final passage of the ordinance, or if no general or special election is to be held in the city or city and county within a period of not less than 20 days and not more than 90 days after such final passage, the governing or legislative body may call a special election to submit the ordinance to the electors, the special election to be held not less than 30 days and not more than 60 days after such final passage. (Enacted by Stats. 1951, Ch. 764.)
  196. 6454.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    A resettlement franchise does not take effect until approved by a majority of voting electors and accepted in writing by the grantee.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 6454. No resettlement franchise shall go into effect until it has received the approval of a majority of the electors voting thereon and until it has been accepted in writing by the grantee. (Enacted by Stats. 1951, Ch. 764.)
  197. 6455.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    A resettlement franchise, permit, or privilege gives the grantee the right to use specified city or city-and-county roads and public ways to operate and maintain a street, suburban, or interurban railroad.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 6455. Every resettlement franchise, permit, or privilege shall confer upon the grantee the right to occupy the roads, streets, highways, avenues, boulevards, lanes, alleys, courts, places, and pathways of the city or city and county, particularly set out in the terms and conditions of the franchise, permit, or privilege, for the purpose of conducting, operating and maintaining thereon a street, suburban, or interurban railroad, subject always to the right of the city or city and county to acquire and possess the property of the grantee. (Enacted by Stats. 1951, Ch. 764.)
  198. 6456.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    The grantee must pay the city or city and county a percentage of annual net revenue, as set in the franchise.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 6456. The grantee shall pay to the city or city and county such a percentage of the net revenue annually collected from any and all sources under and by virtue of the franchise, permit, or privilege as is fixed in the franchise. What constitutes such annual net revenue shall be provided in the franchise. (Enacted by Stats. 1951, Ch. 764.)
  199. 6457.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    A legislative or governing body may include in a resettlement franchise a term treating any new franchise granted to the holder as part of the resettlement franchise.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 6457. The legislative or governing body may in a resettlement franchise provide that any new franchise granted to the holder of the resettlement franchise shall be considered as part of the resettlement franchise. (Enacted by Stats. 1951, Ch. 764.)
  200. 6458.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. )

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    A resettlement franchise may include rules for what happens if the area is later consolidated or annexed, including surrender of related railroad franchises, automatic extension of franchise rights and obligations, and a valuation set by the Public Utilities Commission.

    ## Public Utilities Code - PUC ## DIVISION 3. PUBLIC UTILITY FRANCHISES BY LOCAL GOVERNMENTS [6001 - 6467] ( Division 3 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 3. Resettlement of Street, Suburban, and Interurban Railroad Franchises [6451 - 6467] ( Chapter 3 enacted by Stats. 1951, Ch. 764. ) ## 6458. The legislative or governing body may in the resettlement franchise provide that in case of consolidation or annexation to the city or city and county of any territory after the date the resettlement franchise is granted, any franchise to operate the street, suburban, or interurban railroad, or any part thereof, held or claimed by the holder of the resettlement franchise in or for any portion of the consolidated or annexed territory shall thereupon be surrendered to the city or city and county, and that the rights and obligations of the resettlement franchise shall thereupon automatically extend to the additional territory, and that a valuation for the purpose of public acquisition of the properties used and useful, or, in the discretion of the city or city and county, prospectively useful, in the operation of the street, suburban, or interurban railroad in the area consolidated or annexed, and not included in the capital valuation already fixed in the resettlement franchise, shall be added to the capital account of the resettlement franchise grantee at a valuation for the purpose of public acquisition fixed by the Public Utilities Commission, and otherwise determined as provided in this chapter. (Enacted by Stats. 1951, Ch. 764.)

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