Public Utilities Code — Part 30 | PUC — United States — California law | Esheria

Public Utilities Code

Part 30 of 38 · provisions 5,801–6,000

This act is named the Public Utilities Code.

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

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Provisions of Public Utilities Code

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  1. 737.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Public utilities may file court complaints to collect lawful tariff charges within 3 years after the claim accrues, with a possible 6-month extension after written notice or refusal to pay. A defendant may file a damages complaint within 90 days after service or collection.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 737. All complaints for the collection of the lawful tariff charges or any part thereof, of public utilities may be filed in any court of competent jurisdiction within three years from the time the cause of action accrues, and not after, but if a public utility presents its claim or demand in writing to the person from whom the tariff charges, or any part thereof, are alleged to be due within such period of three years, that period shall be extended to include six months from the date notice in writing is given to the public utility, by such person, or refusal to pay the demand, or any part or parts thereof specified in the notice of refusal. If suit for the collection of the lawful tariff charges or any portion thereof of a public utility is filed in any court in accordance with the terms of this section, or if such collection is made by the public utility without filing suit, the person against whom such suit is filed or from whom such collection is made may, within 90 days from the date of service of summons in the suit, or the date of the collection, file with the commission, or with any court of competent jurisdiction, a complaint for damages resulting from the violation of any of the provisions of this part with respect to the transaction to which the suit of the public utility relates, or for which such collection has been made. (Enacted by Stats. 1951, Ch. 764.)
  2. 737.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Carriers and freight forwarders generally may not collect extra charges above the original bill for prior transportation service, unless the billing mistake is acknowledged by both parties or results from the shipper’s intentional misrepresentation.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 737.3. (a) (1) A highway carrier, as defined by subdivision (c), a freight forwarder, a party representing a carrier or freight forwarder, or an assignee of a carrier or freight forwarder shall not, based on a filed tariff or a filed contract, collect or attempt to collect any additional charge in excess of the charge originally billed by the carrier or freight forwarder for transportation service previously provided subject to the jurisdiction of the commission, except where there are mistakes in billing that are acknowledged by both parties or that are the result of intentional misrepresentation by the shipper. (2) Similarly, the person or entity against whom a claim has been made under the circumstances described in paragraph (1) shall not be liable for additional amounts based on a filed tariff or a filed contract, except where there are mistakes in billing acknowledged by both parties or that are the result of intentional misrepresentation by the shipper. (b) For the purposes of this section, the term “claimant” shall mean the carrier or freight forwarder, or its assignee or representative making a claim for the collection of rates and charges in addition to those originally billed and collected for the transportation. (c) “Highway carrier” or “carrier” means every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, engaged in transportation of property for compensation or hire as a business over any public highway in this state by means of a motor vehicle, except that “highway carrier” does not include: (1) Any farmer resident of this state who occasionally transports from the place of production to a warehouse, regular market, place of storage, or place of shipment the farm products of neighboring farmers in exchange for like services or for a cash consideration or farm products for compensation. (2) Persons or corporations hauling their own property. (3) Any farmer operating a motor vehicle used exclusively in the transportation of his or her livestock and agricultural commodities or in the transportation of supplies to his or her farm. (4) Any nonprofit agricultural cooperative association organized and acting within the scope of its powers under Chapter 1 (commencing with Section 54001) of Division 20 of the Agricultural Code to the extent only that it is engaged in transporting its own property or the property of its members. (5) Any person exclusively transporting United States mail pursuant to a contract with the United States government. (6) Any integrated intermodal small package carrier which is registered subject to Chapter 2.7 (commencing with Section 4120). (7) Any household goods carrier, as defined in Section 5109. (d) For purposes of this section, “mistakes in billing” include, but are not limited to, matters such as clerical errors, billing for transportation of a different commodity than the commodity actually shipped, and billing for transportation of a smaller amount of the commodity than the amount actually shipped. (e) This section shall apply to all claims arising from transportation performed (in whole or in part) before January 1, 1995, including all lawsuits or claims pending on the effective date of this section. (f) If any claim that qualifies under this section was settled by mutual agreement of the parties to the claim, or resolved by a final adjudication of a federal or state court, before the effective date of this section, the settlement or adjudication shall be treated as binding, enforceable, and not contrary to law, unless the settlement was agreed to as a result of fraud or coercion. (g) If the claimant has filed, on or before the effective date of this section, a suit for the collection of additional freight charges, the claimant shall notify the person, or entity, from whom additional freight charges are sought of the provisions of this section within 30 days of the effective date of this section. (h) If, on or before the effective date of this section, the claimant has demanded the payment of additional freight charges and has not filed a suit for the collection of additional freight charges, the claimant shall notify the person, or entity, from whom additional freight charges are sought of the provisions of this section within 30 days of the effective date of this section. (Repealed and added by Stats. 1996, Ch. 72, Sec. 3. Effective June 21, 1996.)
  3. 738.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    For Sections 734 to 737, a cause of action accrues when delivery or tender of delivery occurs, or when the shipment, service, commodity, or product is delivered, performed, or furnished.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 738. For the purpose of Sections 734 to 737, inclusive, the cause of action shall accrue upon the delivery or tender of delivery of the shipment or the performance of the service or the furnishing of the commodity or product with respect to which complaint is filed or claim made. The remedies in those sections shall be cumulative and in addition to any other remedy or remedies in this part provided in case of failure of a public utility to obey an order or decision of the commission. (Enacted by Stats. 1951, Ch. 764.)
  4. 738.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    When setting rates in a federally designated nonattainment area, the commission must decide which clean-fuel compliance expenses are reasonable and necessary and approve them.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 738.6. In establishing rates for a public utility operating any portion of its line, plant, or system within a federally designated nonattainment area, the commission shall determine which expenses related to compliance with state and local air pollution control requirements for using clean-burning fuels in that area are reasonable and necessary and shall approve those expenses. (Added by Stats. 1988, Ch. 1546, Sec. 6.)
  5. 739.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must set and update baseline residential gas and electricity quantities, require baseline rates and billing disclosures, and limit non-volumetric charges on residential electric customers for the stated period.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739. (a) As used in this section: (1) “Baseline quantity” means a quantity of electricity or gas allocated by the commission for residential customers based on from 50 to 60 percent of average residential consumption of these commodities, except that, for residential gas customers and for all-electric residential customers, the baseline quantity shall be established at from 60 to 70 percent of average residential consumption during the winter heating season. In establishing the baseline quantities, the commission shall take into account climatic and seasonal variations in consumption and the availability of gas service. The commission shall review and revise baseline quantities as average consumption patterns change in order to maintain these ratios and may do so during the rate case or other ratesetting proceeding of a gas corporation or electrical corporation. The commission shall make efforts to minimize bill volatility for residential customers, including all-electric residential customers. Those efforts may include modifying the length of the baseline seasons or defining additional baseline seasons. (2) “Residential customer” means those customers receiving electrical or gas service pursuant to a domestic rate schedule and excludes industrial, commercial, and every other category of customer. (b) The commission shall designate a baseline quantity of gas and electricity which is necessary to supply a significant portion of the reasonable energy needs of the average residential customer. In estimating those quantities, the commission shall take into account differentials in energy needs between customers whose residential energy needs are currently supplied by electricity alone or by both electricity and gas. The commission shall develop a separate baseline quantity for all-electric residential customers. For these purposes, “all-electric residential customers” are residential customers having electrical service only or whose space heating is provided by electricity, or both. The commission shall also take into account differentials in energy use by climatic zone and season. (c) (1) The commission shall establish a standard limited allowance which shall be in addition to the baseline quantity of gas and electricity for residential customers dependent on life-support equipment, including, but not limited to, emphysema and pulmonary patients. A residential customer dependent on life-support equipment shall be allocated a higher energy allocation than the average residential customer. (2) “Life-support equipment” means that equipment which utilizes mechanical or artificial means to sustain, restore, or supplant a vital function, or mechanical equipment which is relied upon for mobility both within and outside of buildings. “Life-support equipment,” as used in this subdivision, includes all of the following: all types of respirators, iron lungs, hemodialysis machines, suction machines, electric nerve stimulators, pressure pads and pumps, aerosol tents, electrostatic and ultrasonic nebulizers, compressors, IPPB machines, and motorized wheelchairs. (3) The limited allowance specified in this subdivision shall also be made available to paraplegic and quadriplegic persons in consideration of the increased heating and cooling needs of those persons. (4) The limited allowance specified in this subdivision shall also be made available to multiple sclerosis patients in consideration of the increased heating and cooling needs of those persons. (5) The limited allowance specified in this subdivision shall also be made available to scleroderma patients in consideration of the increased heating needs of those persons. (6) The limited allowance specified in this subdivision shall also be made available to persons who are being treated for a life-threatening illness or have a compromised immune system, if a licensed physician and surgeon, a physician assistant practicing within his or her scope of practice in compliance with the Physician Assistant Practice Act (Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code), or a person licensed pursuant to the Osteopathic Initiative Act certifies in writing to the utility that the additional energy, heating, or cooling allowance, or both, is medically necessary to sustain the life of the person or prevent deterioration of the person’s medical condition. (d) (1) The commission shall require that every electrical and gas corporation file a schedule of rates and charges providing baseline rates. The baseline rates shall apply to the first or lowest block of an increasing block rate structure which shall be the baseline quantity. In establishing these rates, the commission shall avoid excessive rate increases for residential customers, and shall establish an appropriate gradual differential between the rates for the respective blocks of usage. (2) In establishing residential electric and gas rates, including baseline rates, the commission shall ensure that the rates are sufficient to enable the electrical corporation or gas corporation to recover a just and reasonable amount of revenue from residential customers as a class, while observing the principle that electricity and gas services are necessities, for which a low affordable rate is desirable and while observing the principle that conservation is desirable in order to maintain an affordable bill. (3) At least until December 31, 2003, the commission shall require that all charges for residential electric customers are volumetric, and shall prohibit any electrical corporation from imposing any charges on residential consumption that are independent of consumption, unless those charges are in place prior to April 12, 2001. (e) (1) Each electrical corporation and each gas corporation shall, in a timeframe consistent with each electrical and gas corporation’s next general rate case, disclose on the billing statement of a residential customer all of the following: (A) Cost per kilowatthour or gas therm per tier. (B) Allocation of kilowatthour or gas therm per tier. (C) Visual representation of usage and cost per tier. (D) Usage comparison with prior periods. (E) Itemized cost components in the bill to identify state and local taxes. (F) Identification of delivery, generation, public purpose, and other charges. (G) Contact information for the commission’s Consumer Affairs Branch. (2) An electrical corporation and a gas corporation shall make available online to residential customers both of the following: (A) Examples of how conservation measures, including changing thermostat settings and turning off unused lights, could reduce energy usage and costs. (B) Examples of how energy-saving devices and weatherization measures could reduce energy usage and costs. (3) The commission may modify, adjust, or add to the requirements of this subdivision as the individual circumstances of each electrical corporation or gas corporation merits, or for master-meter customers, as individual circumstances merit. (4) The commission shall, as part of the general rate case of an electrical corporation or gas corporation, assess opportunities to improve the quality of information contained in the utility’s periodic billings. (f) Wholesale electrical or gas purchases, and the rates charged therefor, are exempt from this section. (g) Nothing contained in this section shall be construed to prohibit experimentation with alternative gas or electrical rate schedules for the purpose of achieving energy conservation. (Amended by Stats. 2018, Ch. 518, Sec. 1. (SB 1338) Effective January 1, 2019.)
  6. 739.1.

    ## 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 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must continue and manage the CARE low-income energy assistance program, including eligibility, discount levels, enrollment rules, and special rules for high-usage participants.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.1. (a) The commission shall continue a program of assistance to low-income electricity and gas customers with annual household incomes that are no greater than 200 percent of the federal poverty guideline levels, the cost of which shall not be borne solely by any single class of customer. For one-person households, program eligibility shall be based on two-person household guideline levels. The program shall be referred to as the California Alternate Rates for Energy or CARE program. The commission shall ensure that the level of discount for low-income electricity and gas customers correctly reflects the level of need. (b) The commission shall establish rates for CARE program participants, subject to both of the following: (1) That the commission ensure that low-income ratepayers are not jeopardized or overburdened by monthly energy expenditures, pursuant to subdivision (b) of Section 382. (2) That the level of the discount for low-income electricity and gas ratepayers correctly reflects the level of need as determined by the needs assessment conducted pursuant to subdivision (d) of Section 382. (c) In establishing CARE program discounts for an electrical corporation with 100,000 or more customer accounts in California, the commission shall ensure all of the following: (1) The average effective CARE program discount shall not be less than 30 percent or more than 35 percent of the revenues that would have been produced for the same billed usage by non-CARE program customers. The average effective discount determined by the commission shall not reflect any charges for which CARE program customers are exempted, discounts to fixed charges or other rates paid by non-CARE program customers, or bill savings resulting from participation in other programs, including the medical baseline allowance pursuant to subdivision (c) of Section 739. The average effective CARE program discount shall be calculated as a weighted average of the CARE program discounts provided to individual customers. (2) If an electrical corporation provides an average effective CARE program discount in excess of the maximum percentage specified in paragraph (1), the electrical corporation shall not reduce, on an annual basis, the average effective CARE program discount by more than a reasonable percentage decrease below the discount in effect on January 1, 2013, or that the electrical corporation had been authorized to place in effect by that date. (3) The entire CARE program discount shall be provided in the form of a reduction in the overall bill for the eligible CARE program customer. (d) The commission shall work with electrical and gas corporations to establish penetration goals. The commission shall authorize recovery of all administrative costs associated with the implementation of the CARE program that the commission determines to be reasonable, through a balancing account mechanism. Administrative costs shall include, but are not limited to, outreach, marketing, regulatory compliance, certification and verification, billing, measurement and evaluation, and capital improvements and upgrades to communications and processing equipment. (e) The commission shall examine methods to improve CARE program enrollment and participation. This examination shall include, but need not be limited to, comparing information from the CARE program and the Universal Lifeline Telephone Service (ULTS) program to determine the most effective means of using that information to increase CARE program enrollment, automatic enrollment of ULTS program customers who are eligible for the CARE program, customer privacy issues, and alternative mechanisms for outreach to potential enrollees. The commission shall ensure that a customer consents before enrollment. The commission shall consult with interested parties, including ULTS program providers, to develop the best methods of informing ULTS program customers about other available low-income programs and the best mechanism for telephone providers to recover reasonable costs incurred pursuant to this section. (f) (1) The commission shall improve the CARE program application process by cooperating with other entities and representatives of California government, including the California Health and Human Services Agency and the Secretary of California Health and Human Services, to ensure that all gas and electricity customers eligible for public assistance programs in California that reside within the service territory of an electrical corporation or gas corporation, are enrolled in the CARE program. The commission may determine that gas and electricity customers are categorically eligible for CARE program assistance if they are enrolled in other public assistance programs with substantially the same income eligibility requirements as the CARE program. To the extent practicable, the commission shall develop a CARE program application process using the existing ULTS program application process as a model. The commission shall work with electrical corporations, gas corporations, and the Low-Income Oversight Board established in Section 382.1 to meet the low-income objectives in this section. (2) The commission shall ensure that an electrical corporation or gas corporation with a commission-approved program to provide discounts based on economic need in addition to the CARE program, including a Family Electric Rate Assistance program, uses a single application form, to enable an applicant to alternatively apply for any assistance program for which the applicant may be eligible. It is the intent of the Legislature to allow applicants under one program, who may not be eligible under that program, but who may be eligible under an alternative assistance program based on economic need, to complete a single application for any commission-approved assistance program offered by the public utility. (g) It is the intent of the Legislature that the commission ensure CARE program participants receive affordable electrical and gas service that does not impose an unfair economic burden on those participants. (h) The CARE program shall, as soon as practicable, include nonprofit group living facilities specified by the commission, if the commission finds that the residents in these facilities substantially meet the commission’s low-income eligibility requirements and there is a feasible process for certifying that the assistance shall be used for the direct benefit, such as improved quality of care or improved food service, of the low-income residents in the facilities. The commission shall authorize electrical corporations and gas corporations to offer discounts to eligible facilities licensed or permitted by appropriate state or local agencies, and to facilities, including women’s shelters, hospices, and homeless shelters, that may not have a license or permit but provide other proof satisfactory to the electrical corporation or gas corporation that they are eligible to participate in the CARE program. (i) The CARE program shall, as soon as practicable, include public housing authority owned or administered Homekey housing facilities, as described in Section 50675.1.1 of the Health and Safety Code, where the residents of the facility substantially meet the CARE program’s income eligibility requirements, as determined by the commission, and the account is in the name of Homekey, a nonprofit funded by Homekey, or the public housing authority that owns or administers the facility. The commission shall authorize electrical corporations and gas corporations to offer discounts to those identified facilities and to establish feasible processes for certifying that the assistance is used for the direct benefit of the residents of those facilities. (j) (1) In addition to existing assessments of eligibility, an electrical corporation may require proof of income eligibility for those CARE program participants whose electricity usage, in any monthly or other billing period, exceeds 400 percent of baseline usage. The authority of an electrical corporation to require proof of income eligibility is not limited by the means by which the CARE program participant enrolled in the program, including if the participant was automatically enrolled in the CARE program because of participation in a governmental assistance program. If a CARE program participant’s electricity usage exceeds 400 percent of baseline usage, the electrical corporation may require the CARE program participant to participate in the Energy Savings Assistance Program (ESAP), which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing the CARE program participant’s energy usage. Continued participation in the CARE program may be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of notice being given by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the electrical corporation of whether the residence is rented, and, if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment with the landlord of the CARE program participant. Requirements imposed pursuant to this paragraph shall be consistent with procedures adopted by the commission. (2) If a CARE program participant’s electricity usage exceeds 600 percent of baseline usage, the electrical corporation shall require the CARE program participant to participate in ESAP, which includes a residential energy assessment, in order to provide the CARE program participant with information and assistance in reducing the CARE program participant’s energy usage. Continued participation in the CARE program shall be conditioned upon the CARE program participant agreeing to participate in ESAP within 45 days of a notice made by the electrical corporation pursuant to this paragraph. The electrical corporation may require the CARE program participant to notify the electrical corporation of whether the residence is rented, and, if so, a means by which to contact the landlord, and the electrical corporation may share any evaluation and recommendation relative to the residential structure that is made as part of an energy assessment with the landlord of the CARE program participant. Following the completion of the energy assessment, if the CARE program participant’s electricity usage continues to exceed 600 percent of baseline usage, the electrical corporation may remove the CARE program participant from the program if the removal is consistent with procedures adopted by the commission. This paragraph does not prevent a CARE program participant with electricity usage exceeding 600 percent of baseline usage from participating in an appeals process with the electrical corporation to determine whether the participant’s usage levels are legitimate. (3) A CARE program participant in a rental residence shall not be removed from the program in situations where the landlord is nonresponsive when contacted by the electrical corporation or does not provide for ESAP participation. (Amended by Stats. 2024, Ch. 732, Sec. 1. (AB 2672) Effective January 1, 2025.)
  7. 739.10.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must make sure errors in estimating demand elasticity or sales do not cause material overcollections or undercollections for electrical corporations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.10. The commission shall ensure that errors in estimates of demand elasticity or sales do not result in material over or undercollections of the electrical corporations. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 10. Effective April 12, 2001.)
  8. 739.11.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    For estimated utility bills, the Legislature wants the estimation method to be simple, transparent, cost effective, and reasonably accurate. Certain gas and electrical corporations must have the commission direct them to put their bill-estimation method in their tariffs when they use every-other-month meter reading for some residential customers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.11. (a) For bills issued to customers of gas corporations and electrical corporations in which usage is estimated, it is the intent of the Legislature that, to the extent practicable, the methodology for estimation be simple, transparent, and cost effective to the customer, and produce reasonably accurate results. (b) For each gas corporation and electrical corporation that, for some portion of residential customers, employs every-other-month meter reading and estimates bills for months when the customer’s meter is not read, the commission shall direct the gas corporation or electrical corporation to include in its tariffs the methodology it employs to estimate bills for those months during which the meter is not read. (Added by Stats. 2017, Ch. 467, Sec. 2. (SB 711) Effective January 1, 2018.)
  9. 739.12.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must keep the FERA assistance program running for eligible residential customers and oversee annual reporting and review by the state’s three largest electrical corporations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.12. (a) The commission shall continue a program of assistance to residential customers of the state’s three largest electrical corporations consisting of households with total household annual gross income levels between 200 percent and 250 percent of the federal poverty guideline level. The program shall continue to be referred to as the Family Electric Rate Assistance or FERA program. (b) The FERA program discount shall be an 18-percent line-item discount applied to an eligible customer’s bill calculated at the applicable rate for the billing period. (c) The commission shall authorize the state’s three largest electrical corporations to increase or expand marketing and outreach efforts beyond those in effect as of December 31, 2018, to increase eligible customer participation in the FERA program. (d) (1) The commission, by March 1, 2025, and each year thereafter, shall require the state’s three largest electrical corporations to report on their efforts to enroll customers in the FERA program. (2) The commission, by June 1, 2025, and each year thereafter, shall review each electrical corporation’s report to ensure it has made reasonable efforts to enroll eligible households in the FERA program commensurate with the proportion of households the commission determines to be eligible within the electrical corporation’s service territory. (3) If the commission, in its review of an electrical corporation’s report, determines the electrical corporation has not made reasonable efforts to enroll eligible households in the FERA program commensurate with the proportion of households the commission determines to be eligible within the electrical corporation’s service territory, the commission shall require the electrical corporation to develop a strategy and plan to sufficiently enroll eligible households within three years of the adoption of the strategy and plan. (4) An electrical corporation may market enrollment for the FERA program separately from the CARE program and provide a separate FERA program-only application form. (Amended by Stats. 2024, Ch. 457, Sec. 1. (SB 1130) Effective January 1, 2025.)
  10. 739.13.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must develop an energy affordability definition and use it to assess residential rate increases and guide related customer assistance measures.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.13. (a) The commission shall develop a definition of energy affordability. (b) The definition of energy affordability shall establish energy affordability metrics based on household income and include the combined impact of electricity and gas bills. (c) The commission shall use energy affordability metrics for both of the following purposes: (1) To guide the development of any protections, incentives, discounts, or new programs to assist residential customers facing hardships or disconnections due to electricity or gas bills. (2) To assess the impact of proposed rate increases on different types of residential customers. (Added by Stats. 2022, Ch. 361, Sec. 7. (SB 1020) Effective January 1, 2023.)
  11. 739.15.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission decides whether certain utility capital-expenditure applications must include estimates, and if so, the utility must provide those estimates plus supporting workpapers and calculations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.15. (a) The commission shall determine in a scoping ruling or other ruling whether an application from an electrical corporation or gas corporation requesting authorization for or recovery of capital expenditures requires the estimates described in subdivision (b). (b) An application from an electrical corporation or gas corporation requesting authorization for or recovery of capital expenditures, including an application for conditional approval of the costs of an undergrounding plan pursuant to Section 8388.5, shall include, if the commission pursuant to subdivision (a) determines that the estimates are required, the electrical corporation’s or gas corporation’s best estimate of both of the following: (1) The application’s impact on the electrical corporation’s or gas corporation’s annual revenue requirement for each year that the capital expenditures described in the application are expected to remain in the application’s rate base if the application is approved or conditionally approved. (2) The net present value of the application’s impact on the electrical corporation’s or gas corporation’s annual revenue requirement provided pursuant to paragraph (1). (c) The commission shall require the electrical corporation or gas corporation to provide supporting workpapers and calculations for the estimates described in subdivision (b). (Added by Stats. 2024, Ch. 578, Sec. 1. (AB 2847) Effective January 1, 2025.)
  12. 739.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must include certain housing facilities in its low-income electric and gas assistance program if specified conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.2. (a) The commission’s program of assistance to low-income electric and gas customers shall also include the following facilities, provided the commission finds that the occupants of the facilities substantially meet the commission’s low-income eligibility requirements and there is a feasible process for certifying that the assistance shall be used for the direct benefit of the occupants of the facilities: (1) Migrant farmworker housing centers provided pursuant to Section 50710 of the Health and Safety Code. (2) Employee housing, as defined in Section 17008 of the Health and Safety Code, that is licensed and inspected by state or local agencies pursuant to Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code. (3) Housing for agricultural employees, as defined in subdivision (b) of Section 1140.4 of the Labor Code, that has received an exemption from local property taxes pursuant to subdivision (g) of Section 214 of the Revenue and Taxation Code. (b) The assistance provided pursuant to subdivision (a) shall only apply to gas and electricity, or both, used for the housing occupied by the workers and employees specified in subdivision (a). (Added by Stats. 1994, Ch. 946, Sec. 1. Effective January 1, 1995.)
  13. 739.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Electrical and gas corporations must run rate-assistance programs for eligible food banks, under commission direction, at a commission-set fixed percentage.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.3. (a) Subject to direction and supervision by the commission, each electrical corporation and gas corporation shall develop and implement a program of rate assistance to eligible food banks at a fixed percentage to be determined by the commission. The commission may adjust the fixed percentage as appropriate. The funding source for the rate assistance program is subject to the approval of the commission. (b) The Legislature encourages the governing board of each local publicly owned electric utility to develop and implement a program of rate assistance to eligible food banks at a fixed percentage, to be determined by the governing board, but consistent with that fixed by the commission for electrical corporations. (c) For purposes of this section, the following terms have the following meanings: (1) “Eligible food bank” means a qualified eligible recipient agency that has executed an agreement with the State Department of Social Services in order to participate in The Emergency Food Assistance Program administered by the Food and Nutrition Service of the United States Department of Agriculture. (2) “Eligible recipient agency” has the same meaning as defined in Section 251.3(d) of Title 7 of the Code of Federal Regulations. (3) “Agreement” means an agreement executed in compliance with Section 251.2 of Title 7 of the Code of Federal Regulations. (Added by Stats. 2014, Ch. 581, Sec. 1. (AB 2218) Effective January 1, 2015.)
  14. 739.4.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    This section requires utilities and the commission to support CARE customers with notices, subscription help, payment arrangements, disconnection protections, outreach, and quarterly bill notices.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.4. (a) Any natural gas customer who enrolls in the CARE program after the effective date of this section, but before October 1, 2001, shall receive the same one-time bill credit based on the amount of each gas corporation’s average CARE customer discount applied for each month in October 2000 to March 2001, inclusive. The credit does not apply to a customer who initiates service with a gas corporation after the effective date of this section, and who has no prior history of service with the gas corporation. CARE program funds shall be used for the purpose of providing these credits. The commission shall adjust CARE program income requirements annually to reflect the increased cost-of-living due to inflation. (b) The commission shall require all electrical and gas utilities through which CARE program rates are available to do all of the following, in multilingual formats to the extent printed and recorded information is provided, to facilitate better penetration rates for the CARE program and to protect low-income and senior households from unwarranted disconnection of necessary electric and gas services: (1) Provide an outgoing message on all calls, where the customer is seeking to establish service or is put on hold, to customer service lines that briefly describes the CARE program in standard language approved by the commission, and that provides a toll-free phone number for customers to call to subscribe to the program or for further information. (2) Provide information to customers about the CARE program and facilitate subscription to CARE, on all calls in which customers are making payment arrangements, on all collections calls, and on all calls for reconnection of service. (3) (A) Provide information about the CARE program and other assistance programs, and attempt to qualify customers for CARE, and provide information about individual payment arrangements that allow customers to pay the amounts due over a reasonable period of time, not to exceed 12 months, and attempt to enroll customers in a payment arrangement program, before effecting any disconnection of service for nonpayment or inability to pay energy bills in full. (B) (i) Offer individual payment arrangements to customers so that the customer is able to pay amounts due over a reasonable period of time, not to exceed 12 months. (ii) Prohibit the disconnection of customers that have made, and are in compliance with, payment arrangements offered by an electric or gas utility pursuant to this subparagraph. (C) Prohibit the disconnection of a delinquent residential customer for amounts due in which the electric or gas utility receives a commitment pledge, letter of intent, purchase order, or other notification that a provider of energy assistance is forwarding payment sufficient to prevent disconnection. (D) (i) Advise residential customers facing disconnection or who contact the utility to make payment arrangements of the levelizing payment program that allows them to pay a monthly average bill based on 12 months usage. (ii) Advise residential customers about enrollment in the levelizing payment program in conjunction with completion of payment arrangements, payment under terms of subparagraph (B), or at the customer’s request absent those arrangements. (E) Nothing in this paragraph is intended to reduce the revenues of any utility extending payment arrangements subject to the terms of the paragraph. (4) Provide information on customer bills, presented in a conspicuous manner on a front facing page, that indicates that a customer may be eligible for the CARE program. This notice shall be provided quarterly on customer bills. (c) The commission shall conduct targeted outreach about the program using census block data to effectively target low-income and senior households throughout the state. (d) CARE program funds shall be used for the purposes of paragraph (3) of subdivision (b) and outreach pursuant to subdivision (c). The commission’s costs for outreach pursuant to subdivision (c) may not exceed five hundred thousand dollars ($500,000) above the amount that the commission currently expends on similar activities related to the CARE program. Energy corporations may recover all reasonable costs from the CARE program funds of implementing this section. (Added by Stats. 2001, 1st Ex. Sess., Ch. 11, Sec. 2. Effective May 22, 2001.)
  15. 739.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Master-meter customers must charge tenants the same rates, pass through rebates, bill itemized charges, and post rate information; utilities and the commission also have notice, service, and complaint-handling duties.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.5. (a) The commission shall require that, whenever gas or electrical service, or both, is provided by a master-meter customer to users who are tenants of a mobilehome park, apartment building, or similar residential complex, the master-meter customer shall charge each user of the service at the same rate that would be applicable if the user were receiving gas or electricity, or both, directly from the gas corporation or load-serving entity, as defined in Section 380. The commission shall require a gas or electrical corporation furnishing service to the master-meter customer to establish uniform rates for master-meter service at a level that will provide a sufficient differential to cover the reasonable average costs to master-meter customers of providing submeter service, except that these costs shall not exceed the average cost that the gas or electrical corporation would have incurred in providing comparable services directly to the users of the service. (b) (1) Every master-meter customer of a gas corporation or load-serving entity subject to subdivision (a) who, on or after January 1, 1978, receives any rebate from a load-serving entity or gas corporation shall distribute to, or credit to the account of, each current user served by the master-meter customer that portion of the rebate which the amount of gas or electricity, or both, consumed by the user during the last billing period bears to the total amount furnished by the load-serving entity or gas corporation to the master-meter customer during that period. (2) Paragraph (1) includes the credits stemming from the revenues received by the electrical corporation as a result of the direct allocation of greenhouse gas allowances to electric utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations, that are required to be credited to customers of the electrical corporation pursuant to Section 748.5. (c) An electrical or gas corporation furnishing service to a master-meter customer shall furnish to each user of the service within a submetered system every public safety customer service which it provides beyond the meter to its other residential customers. The corporation shall furnish a list of those services to the master-meter customer who shall post the list in a conspicuous place accessible to all users. Every corporation shall provide these public safety customer services to each user of electrical or gas service under a submetered system without additional charge unless the corporation has included the average cost of these services in the rate differential provided to the master-meter customer on January 1, 1984, in which case the commission shall deduct the average cost of providing these public safety customer services when approving rate differentials for master-meter customers. (d) Every master-meter customer is responsible for maintenance and repair of its submeter facilities beyond the master-meter, and nothing in this section requires a load-serving entity or gas corporation to make repairs to or perform maintenance on the submeter system. (e) Every master-meter customer shall provide an itemized billing of charges for electricity or gas, or both, to each individual user generally in accordance with the form and content of bills of the load-serving entity or gas corporation to its residential customers, including, but not limited to, the opening and closing readings for the meter, and the identification of all rates and quantities attributable to each block in the applicable rate structure. The master-meter customer shall also post, in a conspicuous place, the applicable specific current residential gas or electrical rate schedule, as published by the load-serving entity or gas corporation, or the load-serving entity’s or gas corporation’s internet website address of the specific current residential gas or electrical rate schedule. If the master-meter customer elects to post the internet website address where the schedule may be accessed, the master-meter customer shall also: (1) provide a copy of the specific current residential gas or electrical rate schedule, upon request, at no cost; and (2) state in the posting that an individual user may request a copy of the rate schedule from the master-meter customer. (f) The commission shall require that every load-serving entity and gas corporation shall notify each master-meter customer of its responsibilities to its users under this section. (g) The commission shall accept and respond to complaints concerning the requirements of this section that apply to a gas or electrical corporation through the consumer affairs branch, in addition to any other staff that the commission deems necessary to assist the complainant. In responding to the complaint, the commission shall consider the role that the office of the county sealer in the complainant’s county of residence may have in helping to resolve the complaint and, where appropriate, coordinate with that office. (h) Notwithstanding any other provision of law or decision of the commission, the commission shall not deny eligibility for the California Alternative Rates for Energy (CARE) program, created pursuant to Section 739.1, for a residential user of gas or electrical service who is a submetered resident or tenant served by a master-meter customer on the basis that some residential units in the master-meter customer’s mobilehome park, apartment building, or similar residential complex do not receive gas or electrical service through a submetered system. (i) For purposes of this section, “rebate” does not include the award of a monetary incentive under the California Solar Initiative adopted by the Public Utilities Commission in Decision 05-12-044 and Decision 06-01-024, as modified by Article 1 (commencing with Section 2851) of Chapter 9 of Part 2, for a solar energy system that provides electrical generation to a mobilehome park. (Amended by Stats. 2020, Ch. 164, Sec. 1. (SB 1117) Effective January 1, 2021.)
  16. 739.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must set rates using fair cost-allocation principles and keep the gas-corporation methodology in place through December 31, 1990, with limited modification authority.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.6. The commission shall establish rates using cost allocation principles that fairly and reasonably assign to different customer classes the costs of providing service to those customer classes, consistent with the policies of affordability and conservation. The cost allocation methodology adopted for gas corporations by the commission in Decisions 86-12-009 and 86-12-010, as supplemented by Decisions 87-05-046 and 87-12-039, is consistent with this policy, and shall be retained by the commission at least until December 31, 1990, except that the commission may modify this cost allocation methodology to address customer hardships and inequities if residential customers as a class are not, on balance, adversely affected and the purpose of the modification is not solely protection of gas corporation revenues. If any gas corporation files a cost allocation application seeking to change that methodology after May 1, 1990, the commission may not issue an order on that application until January 1, 1991. (Added by Stats. 1988, Ch. 212, Sec. 3. Effective June 28, 1988.)
  17. 739.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must keep an appropriate inverted rate structure when setting residential rates.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.7. In establishing residential rates, the commission shall retain an appropriate inverted rate structure. If the commission increases baseline rates pursuant to Section 739, revenues resulting from those increases shall be used exclusively to reduce nonbaseline residential rates. (Repealed and added by Stats. 1992, Ch. 1040, Sec. 4. Effective January 1, 1993.)
  18. 739.8.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    California residents are entitled to an adequate supply of healthful water at an affordable cost, and the commission must consider—and may implement—rate relief and conservation programs for low-income ratepayers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.8. (a) Access to an adequate supply of healthful water is a basic necessity of human life, and shall be made available to all residents of California at an affordable cost. (b) The commission shall consider and may implement programs to provide rate relief for low-income ratepayers. (c) The commission shall consider and may implement programs to assist low-income ratepayers in order to provide appropriate incentives and capabilities to achieve water conservation goals. (d) In establishing the feasibility of rate relief and conservation incentives for low-income ratepayers, the commission may take into account variations in water needs caused by geography, climate and the ability of communities to support these programs. (Added by Stats. 1992, Ch. 549, Sec. 3. Effective January 1, 1993.)
  19. 739.9.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission may adopt or expand residential electric fixed charges, but approved charges must meet specified fairness and customer-protection conditions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 739.9. (a) “Fixed charge” means any fixed customer charge, basic service fee, demand differentiated basic service fee, demand charge, or other charge not based on the volume of electricity consumed. (b) Increases to electrical rates and charges in rate design proceedings, including any reduction in the California Alternate Rates for Energy (CARE) discount, shall be reasonable and subject to a reasonable phase-in schedule relative to the rates and charges in effect before January 1, 2014. (c) Consistent with the requirements of Section 739, the commission may modify the seasonal definitions and applicable percentage of average consumption for one or more climatic zones. (d) The commission may adopt new, or expand existing, fixed charges for the purpose of collecting a reasonable portion of the fixed costs of providing electrical service to residential customers. The commission shall ensure that any approved charges do all of the following: (1) Reasonably reflect an appropriate portion of the different costs of serving small and large customers. (2) Not unreasonably impair incentives for conservation, energy efficiency, and beneficial electrification and greenhouse gas emissions reduction. (3) Are set at levels that do not overburden low-income customers. (e) (1) For the purposes of this section and Section 739.1, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account. The fixed charge shall be established on an income-graduated basis with no fewer than three income thresholds so that a low-income ratepayer in each baseline territory would realize a lower average monthly bill without making any changes in usage. The commission shall, no later than July 1, 2024, authorize a fixed charge for default residential rates. (2) For purposes of this subdivision, “income-graduated” means that low-income customers pay a smaller fixed charge than high-income customers. (f) Notwithstanding the requirements of subdivision (d) of Section 739 and Section 739.7, the commission shall not apply the composite tier method to the treatment of any revenues resulting from any fixed charge adopted pursuant to this section. (Amended by Stats. 2022, Ch. 61, Sec. 10. (AB 205) Effective June 30, 2022.)
  20. 740.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission may allow research and development expenses to be included when setting rates for certain 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 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740. For purposes of setting the rates to be charged by every electrical corporation, gas corporation, heat corporation or telephone corporation for the services or commodities furnished by it, the commission may allow the inclusion of expenses for research and development. (Added by Stats. 1973, Ch. 1118.)
  21. 740.1.

    ## 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 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must consider listed guidelines when evaluating research, development, and demonstration programs proposed by electrical and gas corporations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.1. The commission shall consider the following guidelines in evaluating the research, development, and demonstration programs proposed by electrical and gas corporations: (a) Projects should offer a reasonable probability of providing benefits to ratepayers. (b) Expenditures on projects which have a low probability for success should be minimized. (c) Projects should be consistent with the corporation’s resource plan. (d) Projects should not unnecessarily duplicate research currently, previously, or imminently undertaken by other electrical or gas corporations or research organizations. (e) Each project should also support one or more of the following objectives: (1) Environmental improvement. (2) Public and employee safety. (3) Conservation by efficient resource use or by reducing or shifting system load. (4) Development of new resources and processes, particularly renewable resources and processes which further supply technologies. (5) Improve operating efficiency and reliability or otherwise reduce operating costs. (Added by Stats. 1984, Ch. 1713, Sec. 2.)
  22. 740.10.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Each public utility electrical corporation must offer customers a demand reduction program by May 30, 2001, and the commission must develop incentives for customer participation.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.10. (a) Each public utility electrical corporation shall develop and offer its customers, on or before May 30, 2001, the opportunity to participate, in addition to other programs developed by the commission, in a demand reduction program as described in this section. (b) The program required by this section shall identify specific periods coincident with morning or evening system peak conditions determined by the Independent System Operator within which the customer agrees to drop a preset amount of load. This program shall be known as the Scheduled Load Reduction Program. The commission shall develop appropriate incentives for customers to participate in the program. (Added by Stats. 2001, 1st Ex. Sess., Ch. 7, Sec. 9. Effective April 12, 2001.)
  23. 740.11.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission is strongly urged to consider letting agricultural commodity processing customers be included in agricultural tariff eligibility if doing so does not shift costs to other customer classes.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.11. In recognition of the fact that agricultural and water supplier customers necessarily have high electricity usage during peak summer demand periods, the Legislature strongly urges the commission to consider providing the option to all agricultural commodity processing customers to be included in the definition of customers eligible to be served under agricultural tariffs, consistent with its other constitutional and statutory objectives, and to the extent it does not result in cost shifting to other customer classes. (Added by Stats. 2001, 1st Ex. Sess., Ch. 7, Sec. 10. Effective April 12, 2001.)
  24. 740.12.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must direct electrical corporations to seek transportation electrification programs, and agencies must consider the section’s findings when reducing greenhouse gases.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.12. (a) (1) The Legislature finds and declares all of the following: (A) Advanced clean vehicles and fuels are needed to reduce petroleum use, to meet air quality standards, to improve public health, and to achieve greenhouse gas emissions reduction goals. (B) Widespread transportation electrification is needed to achieve the goals of the Charge Ahead California Initiative (Chapter 8.5 (commencing with Section 44258) of Part 5 of Division 26 of the Health and Safety Code). (C) Widespread transportation electrification requires increased access for disadvantaged communities, low- and moderate-income communities, and other consumers of zero-emission and near-zero-emission vehicles, and increased use of those vehicles in those communities and by other consumers to enhance air quality, lower greenhouse gases emissions, and promote overall benefits to those communities and other consumers. (D) Reducing emissions of greenhouse gases to 40 percent below 1990 levels by 2030 and to 80 percent below 1990 levels by 2050 will require widespread transportation electrification. (E) Widespread transportation electrification requires electrical corporations to increase access to the use of electricity as a transportation fuel. (F) Widespread transportation electrification should stimulate innovation and competition, enable consumer options in charging equipment and services, attract private capital investments, and create high-quality jobs for Californians, where technologically feasible. (G) Deploying electric vehicles should assist in grid management, integrating generation from eligible renewable energy resources, and reducing fuel costs for vehicle drivers who charge in a manner consistent with electrical grid conditions. (H) Deploying electric vehicle charging infrastructure should facilitate increased sales of electric vehicles by making charging easily accessible and should provide the opportunity to access electricity as a fuel that is cleaner and less costly than gasoline or other fossil fuels in public and private locations. (I) According to the State Alternative Fuels Plan analysis by the Energy Commission and the State Air Resources Board, light-, medium-, and heavy-duty vehicle electrification results in approximately 70 percent fewer greenhouse gases emitted, over 85 percent fewer ozone-forming air pollutants emitted, and 100 percent fewer petroleum used. These reductions will become larger as renewable generation increases. (2) It is the policy of the state and the intent of the Legislature to encourage transportation electrification as a means to achieve ambient air quality standards and the state’s climate goals. Agencies designing and implementing regulations, guidelines, plans, and funding programs to reduce greenhouse gas emissions shall take the findings described in paragraph (1) into account. (b) The commission, in consultation with the State Air Resources Board and the Energy Commission, shall direct electrical corporations to file applications for programs and investments to accelerate widespread transportation electrification to reduce dependence on petroleum, meet air quality standards, achieve the goals set forth in the Charge Ahead California Initiative (Chapter 8.5 (commencing with Section 44258) of Part 5 of Division 26 of the Health and Safety Code), and reduce emissions of greenhouse gases to 40 percent below 1990 levels by 2030 and to 80 percent below 1990 levels by 2050. Programs proposed by electrical corporations shall seek to minimize overall costs and maximize overall benefits. The commission shall approve, or modify and approve, programs and investments in transportation electrification, including those that deploy charging infrastructure, via a reasonable cost recovery mechanism, if they are consistent with this section, do not unfairly compete with nonutility enterprises as required under Section 740.3, include performance accountability measures, and are in the interests of ratepayers as defined in Section 740.8. Not less than 35 percent of the investments pursuant to this subdivision shall be in underserved communities as that term is defined in Section 1601. (c) The commission shall review data concerning current and future electric transportation adoption and charging infrastructure utilization prior to authorizing an electrical corporation to collect new program costs related to transportation electrification in customer rates. If market barriers unrelated to the investment made by an electric corporation prevent electric transportation from adequately utilizing available charging infrastructure, the commission shall not permit additional investments in transportation electrification without a reasonable showing that the investments would not result in long-term stranded costs recoverable from ratepayers. (d) This section applies to an application to the commission for transportation electrification programs and investments if one of the following conditions is met: (1) The application is filed on or after January 1, 2016. (2) The application is filed before January 1, 2016, but has an evidentiary hearing scheduled on or after July 1, 2016. (Amended by Stats. 2020, Ch. 372, Sec. 1. (AB 841) Effective January 1, 2021.)
  25. 740.13.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    This section creates a pilot program for school-site charging stations, lets electrical corporations propose it, requires commission review, and sets rules for installation, wages, participation, and cost recovery.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.13. (a) For purposes of this section, the following terms have the following meanings: (1) “Charging station” means the removable equipment that provides alternating or direct current to the battery electric vehicle or plug-in hybrid electric vehicle, but does not include the supporting charging infrastructure, such as wiring, conduit, and electric panel. (2) “Educational institution” has the same meaning as defined in Section 22129 of the Education Code. (3) “School facility” means owned or leased improved real property used for the purpose of the private or public education of more than 12 children in kindergarten or any of grades 1 to 12, inclusive, or in any combination thereof, or any other facility of a school district or county office of education where activities described in subdivision (c) are provided, but does not include any private school in which education is conducted primarily in private homes. (b) By July 30, 2018, an electrical corporation may file with the commission a pilot program proposal for the installation of electrical grid integrated charging stations at school facilities and other educational institutions. The proposal may include parameters for the installation of charging infrastructure for transportation vehicles, such as schoolbuses, owned by a school district, county office of education, private school, or other educational institution. By December 31, 2018, the commission shall review, modify if appropriate, and decide whether to approve a pilot program proposal filed by an electrical corporation. (c) A school district, county office of education, private school, or other educational institution choosing to participate in the program shall have the authority to establish guidelines for use of the charging stations installed pursuant to the approved program, which may include use by faculty, students, and parents, before, during, and after school hours at those times that the school facilities or other educational institutions are operated for purposes of providing education or school-related activities, including, but not limited to, parent-teacher conferences, clubs, theater, and athletic events, and by any other persons present for those activities and events. (d) Construction and maintenance of the charging stations and infrastructure shall be managed in coordination with the school district, county office of education, private school, or other educational institution. (e) The approved pilot program shall include a reasonable mechanism for cost recovery by the electrical corporation if the commission finds all of the following are true: (1) The costs to be recovered are consistent with a cost limitation approved by the commission for the pilot program. (2) The pilot program seeks to minimize overall costs and maximize overall benefits. (3) The pilot program does not unfairly compete with nonutility enterprises as required under Section 740.3. (4) The pilot program includes performance accountability measures. (5) The pilot program is in the interests of ratepayers, as defined in Section 740.8. (f) Charging stations installed pursuant to a pilot program approved by the commission pursuant to this section shall be installed and maintained by the utility workforce, or by workers who are paid the prevailing wage for all program-related work. The Director of Industrial Relations shall determine the prevailing wage in accordance with the standards set forth in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code. A nonutility enterprise installing or maintaining charging stations and infrastructure pursuant to a pilot program approved by the commission shall submit wage schedules to the commission as part of its application and shall make all payroll records available to the commission for enforcement purposes pursuant to this part. Certified payrolls submitted to the commission shall be public records. (g) A school facility or other educational institution receiving charging stations pursuant to the approved pilot program shall participate in a time-variant rate approved by the commission. A school district, county office of education, private school, or other educational institution may require users of the charging stations to pay electricity costs. (h) An electrical corporation shall prioritize in its proposal school facilities and other educational institutions located in disadvantaged communities. For these purposes, “disadvantaged communities” means communities identified by the California Environmental Protection Agency pursuant to the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code). (i) Participation in the approved pilot program shall not prevent a school district, county office of education, private school, or other educational institution from participating in other transportation electrification programs. After a school district, county office of education, private school, or other educational institution has participated in the program for eight years, the school district, county office of education, private school, or other educational institution may cease participation in the pilot program and request removal of the charging station by providing 180-day notice to the electrical corporation. (Added by Stats. 2017, Ch. 637, Sec. 2. (AB 1082) Effective January 1, 2018.)
  26. 740.14.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    This section lets electrical corporations propose a pilot for grid-integrated charging stations at state parks and beaches, sets review and approval deadlines, and requires specified wage, reporting, rate, and priority conditions if a pilot is approved.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.14. (a) By July 30, 2018, in consultation with the Department of Parks and Recreation, Public Utilities Commission, Energy Commission, and State Air Resources Board, each electrical corporation may file with the commission a pilot program proposal for the installation of electrical grid integrated charging stations at state parks and beaches within its service territory. By December 31, 2018, the commission shall review, modify if appropriate, and decide whether to approve a pilot program proposal filed by an electrical corporation. The Department of Parks and Recreation shall determine which state parks or beaches are suitable for charging stations. (b) The approved pilot program shall include a reasonable mechanism for cost recovery by an electrical corporation if the commission finds all of the following are true: (1) The costs to be recovered are consistent with a cost limitation approved by the commission for the pilot program. (2) The pilot program seeks to minimize overall costs and maximize overall benefits. (3) The pilot program does not unfairly compete with nonutility enterprises as required under Section 740.3. (4) The pilot program includes performance accountability measures for the electrical corporation or, for charging equipment installed and maintained by a nonutility enterprise, performance accountability measures for the nonutility enterprise. (5) The pilot program is in the interests of ratepayers, as defined in Section 740.8. (c) Charging stations installed pursuant to a pilot program approved by the commission pursuant to this section shall be installed and maintained by the utility workforce, or by workers who are paid the prevailing wage for all program-related work. The Director of Industrial Relations shall determine the prevailing wage in accordance with the standards set forth in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code. A nonutility enterprise installing or maintaining charging equipment pursuant to a pilot program approved by the commission shall submit wage schedules to the commission as part of its application and shall make all payroll records available to the commission for enforcement purposes pursuant to this part. Certified payrolls submitted to the commission shall be public records. (d) State parks and beaches receiving charging stations pursuant to the approved pilot program shall participate in a time-variant rate approved by the commission. (e) An electrical corporation shall prioritize in its proposal those state parks and beaches that serve residents of disadvantaged communities. For these purposes, “disadvantaged communities” means communities identified by the California Environmental Protection Agency pursuant to the Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code). (f) Except for costs incurred in determining park and beach suitability pursuant to subdivision (a) and potential liability under the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code), the Department of Parks and Recreation shall not be required to incur any costs or liability related to the installation, use, or maintenance of the charging stations for the pilot program’s duration. (Added by Stats. 2017, Ch. 638, Sec. 2. (AB 1083) Effective January 1, 2018.)
  27. 740.15.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must consider specified grid-integration, demand-charge, and tariff options in an existing proceeding.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.15. (a) The commission shall consider, in an existing proceeding, all of the following: (1) Facilitating the development of technologies that promote grid integration, including technologies that provide submetering capabilities to residential charging stations, if the commission determines that these technologies and submetering capabilities are in the best interests of ratepayers. (2) Exploring policies that support the development of technologies and rate strategies that can reduce the effects of demand charges on electric vehicle drivers and fleets, and help accelerate the adoption of electric vehicles. (3) Adopting a tariff specific to heavy-duty electric vehicle fleets or electric trucks and buses that encourages the use of charging stations when there is excess grid capacity. (b) For purposes of this section, “charging station” means the removable equipment that provides alternating or direct current to the battery electric vehicle or plug-in hybrid electric vehicle, but does not include the supporting charging infrastructure, such as wiring, conduit, and electric panels. (Added by Stats. 2018, Ch. 368, Sec. 4. (SB 1000) Effective January 1, 2019.)
  28. 740.16.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    This section sets state policy on electric vehicle grid integration and requires the commission and certain utilities to plan, report on, and review strategies that support EV charging and grid benefits.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.16. (a) (1) The Legislature finds and declares all of the following: (A) State policy incentivizes and encourages the increased use of electric vehicles, and relies, in part, on the ratepayers of electrical corporations to fund policies intended to increase the usage of electric vehicles. (B) Changes in electrical demand and generation have created escalating peak and low periods of electrical supply and demand, and the cost of wholesale electricity and electricity delivery during peak demand periods is typically greater than during other periods. (C) It is feasible and practicable to adjust the period during which an electric vehicle charges, in part or in full, to reduce its cost impact during periods of peak demand or grid congestion, to utilize available renewable electric generation, to avoid curtailments of renewable electric generation, and to provide reliability services. (D) Time-of-use rates for customers with electric vehicles can reduce costs or mitigate cost increases for all ratepayers due to increased usage of electric vehicles by incentivizing electric vehicle charging at periods of low demand and low grid congestion. (2) It is, therefore, the policy of the state and the intent of the Legislature to maximize net ratepayer and grid benefits from transportation electrification and reduce costs or mitigate cost increases for all ratepayers due to increased usage of electric vehicles by accelerating electric vehicle grid integration and by ensuring that any investments in transportation electrification do not foreclose the electric vehicle grid integration potential of these investments. (b) (1) For purposes of this section, “electric vehicle grid integration” means any method of altering the time, charging level, or location at which grid-connected electric vehicles charge or discharge, in a manner that optimizes plug-in electric vehicle interaction with the electrical grid and provides net benefits to ratepayers by doing any of the following: (A) Increasing electrical grid asset utilization. (B) Avoiding otherwise necessary distribution infrastructure upgrades. (C) Integrating renewable energy resources. (D) Reducing the cost of electricity supply. (E) Offering reliability services consistent with Section 380 or the Independent System Operator tariff. (2) Electric vehicle grid integration strategies shall not require the use of any specific technology. (3) Electric vehicle grid integration may be achieved using multiple strategies, including, but not limited to, the adoption of an electrical rate design, a technology, or a customer service, if that adoption helps provide net benefits to ratepayers pursuant to paragraph (1). (4) The commission may adopt a revised definition for “electric vehicle grid integration” through a new or existing proceeding to replace the definition in paragraph (1). Any revised definition of “electric vehicle grid integration” adopted by the commission shall be applicable to load-serving entities, as defined in Section 380. (c) By December 31, 2020, in an existing proceeding, the commission shall establish strategies and quantifiable metrics to maximize the use of feasible and cost-effective electric vehicle grid integration by January 1, 2030, consistent with all of the following: (1) The electric vehicle grid integration strategies shall account for the effect of time-of-use rates on electricity demand from electric vehicle charging. (2) Expenditures on electric vehicle grid integration shall be in the best interests of ratepayers, as defined in Section 740.8, and consistent with Section 451. (3) The electric vehicle grid integration strategies shall reflect electrical demand attributable to electric vehicle charging, including from existing approved rates and programs. (4) Electric vehicle grid integration shall be consistent with the transportation electrification goals described in Section 740.12. (5) The commission shall consider incorporating the National Institute of Standards and Technology’s reliability and cybersecurity protocols, or other equally protective or more protective cybersecurity protocols, into the electric vehicle grid integration strategies. (d) As part of each local publicly owned electric utility’s integrated resource plan update adopted on and after January 1, 2020, pursuant to Section 9621, the local publicly owned electric utility shall consider both of the following: (1) Establishing electric vehicle grid integration strategies that are in the best interests of ratepayers and that reflect the local publicly owned electric utility’s estimated electrical demand attributable to electric vehicle charging, as applicable. (2) Evaluating how its existing and planned electric vehicle grid integration programs, including its electrical rates and investments in transportation electrification, to the extent feasible, further the electric vehicle grid integration strategies it has established, as applicable. (e) In carrying out its responsibilities pertaining to transportation electrification, including, but not limited to, pursuant to Sections 740.2, 740.3, 740.8, 740.12, 740.13, and 740.14, the commission shall reference the electric vehicle grid integration strategies established pursuant to subdivision (c) in relevant ongoing and subsequent proceedings that address issues of transportation electrification in any part and shall identify how programs and investments that the commission may approve will advance the achievement of the strategies. (f) In executing its responsibilities on transportation electrification, including, but not limited to, pursuant to Sections 740.2, 740.3, 740.8, 740.12, 740.13, and 740.14, the commission shall consider how, or if, electric vehicle grid integration can mitigate any generation, transmission, or distribution costs, or increase the economic, social, or environmental benefits associated with transportation electrification, and shall not foreclose future utilization of electric vehicle grid integration. (g) Each community choice aggregator shall, one year after the commission establishes electric vehicle grid integration strategies pursuant to subdivision (c), report annually to the commission describing how its current and planned programs, rates, and investments in transportation electrification are expected to further the electric vehicle grid integration strategies. (h) Each electrical corporation shall, in each of its applications to the commission for transportation electrification programs and investments filed pursuant to Section 740.12, quantify how the investments described in the application are expected to further the electric vehicle grid integration strategies adopted pursuant to subdivision (c). (i) Each electrical corporation that files an application for programs and investments to accelerate widespread transportation electrification pursuant to Section 740.12 shall, in each of its load research report compliance filings or alternative compliance filings submitted to the commission, report the electrical corporation’s annual measurable progress in furthering the electric vehicle grid integration strategies adopted pursuant to subdivision (c). (j) The commission shall, in an existing proceeding, review each load-serving entity’s annual measurable progress in furthering the electric vehicle grid integration strategies adopted pursuant to subdivision (c), and may, if appropriate, issue recommendations to ensure reasonable progress toward achieving vehicle grid integration. (k) Nothing in this section authorizes a delay of any new rate or program for electric vehicle charging or electric vehicle grid integration as to which consideration or approval is pending before the commission on or before January 1, 2020. (l) As regards electrical corporations, this section shall only apply to electrical corporations that are required to file an integrated resource plan pursuant to Section 454.52. (Added by Stats. 2019, Ch. 484, Sec. 1. (SB 676) Effective January 1, 2020.)
  29. 740.18.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must issue decisions on two specified transportation electrification applications by March 1, 2021.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.18. (a) The purpose of this section is to require the commission to review, modify, if appropriate, and decide whether to approve, two pending (as of July 1, 2020) transportation electrification infrastructure applications, based on previously approved activities, that are designed to advance California’s goal of widespread transportation electrification, and to require the commission to extend its prior approvals of transportation electrification programs and investments so that they will be replicated and continued. These commission decisions will have the effect of continuing to build out California’s transportation electrification infrastructure, improve air quality, reduce emissions of greenhouse gases, create jobs, and put downward pressure on rates. Nothing in this section is intended to preclude the commission from adopting additional transportation electrification programs and investments. (b) On or before March 1, 2021, the commission shall issue decisions concerning Application 18-06-015 (June 26, 2018) Application of Southern California Edison Company (U338E) for Approval of its Charge Ready 2 Infrastructure and Market Education Programs and Application 19-10-012 (October 28, 2019) Application Of San Diego Gas & Electric Company (U902E) To Extend And Modify The Power Your Drive Pilot Approved By Decision 16-01-045. (Added by Stats. 2020, Ch. 372, Sec. 2. (AB 841) Effective January 1, 2021.)
  30. 740.19.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    This section requires electrical corporations to keep accurate expense records, file an advice letter by February 28, 2021, and then follow a commission-approved tariff or rule for certain charging-station infrastructure.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.19. (a) The purpose of this section is to change the commission practice of authorizing the electrical distribution infrastructure located on the utility side of the customer meter needed to charge electric vehicles on a case-by-case basis to a practice of considering that infrastructure and associated design, engineering, and construction work as core utility business, treated the same as other distribution infrastructure authorized on an ongoing basis in the electrical corporation’s general rate case. The commission should not relegate charging electric vehicles to a lower status than any other use of electricity for which the electrical corporation provides distribution infrastructure. The commission shall continue to require each electrical corporation to provide an accurate and full accounting of all expenses related to electrical distribution infrastructure as it relates to this section, and apply appropriate penalties to the extent an electrical corporation is not accurately tracking all expenses. (b) For purposes of this section, the term “electrical distribution infrastructure” shall include poles, vaults, service drops, transformers, mounting pads, trenching, conduit, wire, cable, meters, other equipment as necessary, and associated engineering and civil construction work. (c) Not later than February 28, 2021, each electrical corporation shall file an advice letter pursuant to Section 5.1 of General Order 96-B, for, and not later than June 30, 2021, the commission shall approve, a new tariff or rule that authorizes each electrical corporation to design and deploy all electrical distribution infrastructure on the utility side of the customer’s meter for all customers installing separately metered infrastructure to support charging stations, other than those in single-family residences. The advice letter and the commission’s approval shall provide that costs incurred by the electrical corporation between January 1, 2021, and the implementation date of rates approved in the next general rate case decision for that electrical corporation shall be tracked in a memorandum account and recovered, subject to a reasonableness review, in the decision adopting the next general rate case revenue requirement for that electrical corporation. Each electrical corporation shall recover its subsequent revenue requirement for this work through periodic general rate case proceedings. In those proceedings, the costs shall be treated like those costs incurred for other necessary distribution infrastructure. The new tariff shall replace the line extension rules currently used (as of July 1, 2020) and any customer allowances established shall be based on the full useful life of the electrical distribution infrastructure. The commission may revise the policy described in subdivision (a) and this subdivision after the completion of the general rate case cycle of the electrical corporation following the one during which the advice letter was filed if a determination is made that a change in the policy is necessary to ensure just and reasonable rates for ratepayers. (d) (1) For purposes of this subdivision, the following terms have the following meanings: (A) “Basic charging arrangements” means Level 1 and Level 2 charging in accordance with the SAE J1772 standard, or a replacement standard that the commission determines to be appropriate. (B) “D. 11-07-029” means commission Decision 11-07-029 (July 14, 2011) Phase 2 Decision Establishing Policies to Overcome Barriers to Electric Vehicle Deployment and Complying with Section 740.2 of the Public Utilities Code, made in Rulemaking 09-08-009 (August 20, 2009) Order Instituting Rulemaking on the Commission’s Own Motion to Consider Alternative-Fueled Vehicle Tariffs, Infrastructure and Policies to Support California’s Greenhouse Gas Emissions Reduction Goals. (C) “D. 13-06-014” means commission Decision 13-06-014 (June 27, 2013) Decision Authorizing Short-Term Extension of Limited Provisions Regarding Electric Tariff Rules 15 and 16, made in Rulemaking 09-08-009. (D) “D. 16-06-011” means commission Decision 16-06-011 (June 9, 2016) Decision Authorizing Further Extension of the Interim Policy Regarding Electric Tariff Rules 15 and 16, made in Rulemaking 13-11-007 (November 14, 2013) Order Instituting Rulemaking to Consider Alternative-Fueled Vehicle Programs, Tariffs, and Policies. (E) “D. 16-11-005” means commission Decision 16-11-005 (November 10, 2016) Decision Making Small Electrical Corporations Respondents to this Rulemaking, made in Rulemaking 13-11-007. (F) “PEV charging” means plug-in electric vehicle charging. (G) “R. 18-12-066” means commission Rulemaking 18-12-006 (December 13, 2018) Order Instituting Rulemaking to Continue the Development of Rates and Infrastructure for Vehicle Electrification. (2) In supervising the alternative-fueled vehicle program, or vehicle electrification program, of an electrical corporation, the commission shall allow the residential service facility upgrade costs incurred as a result of the adoption of home-based electric vehicle charging for basic charging arrangements that exceed the utility’s Electric Tariff Rule 15 (distribution line extensions) and Rule 16 (service line extensions) allowances to be treated as a common facility cost, to be recovered from all residential ratepayers. (3) It is the intent of the Legislature that the interim policy, known as the Common Treatment for Excess PEV Charging, initially adopted with respect to the state’s three largest electrical corporations in D. 11-07-029, extended in D. 13-06-014, extended again in D. 16-06-011, expanded to include the state’s three smaller electrical corporations in D. 16-11-005, and further extended by the Assigned Commissioner’s Scoping Memorandum and Ruling entered May 2, 2019, and by the order of the Administrative Law Judge entered December 13, 2019 in R. 18-12-066, shall be the policy applied by the commission, and may be revised by the commission after the completion of the electrical corporation’s general rate case cycle in effect on January 1, 2021, if a determination is made that a change in the policy is necessary to ensure just and reasonable rates for ratepayers. (Added by Stats. 2020, Ch. 372, Sec. 3. (AB 841) Effective January 1, 2021.)
  31. 740.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must evaluate policies and adopt rules on electric-vehicle infrastructure and related system issues.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.2. The commission, in consultation with the Energy Commission, State Air Resources Board, electrical corporations, and the motor vehicle industry, shall evaluate policies to develop infrastructure sufficient to overcome any barriers to the widespread deployment and use of plug-in hybrid and electric vehicles. By July 1, 2011, the commission shall adopt rules to address all of the following: (a) The impacts upon electrical infrastructure, including infrastructure upgrades necessary for widespread use of plug-in hybrid and electric vehicles and the role and development of public charging infrastructure. (b) The impact of plug-in hybrid and electric vehicles on grid stability and the integration of renewable energy resources. (c) The technological advances that are needed to ensure the widespread use of plug-in hybrid and electric vehicles and what role the state should take to support the development of this technology. (d) The existing code and permit requirements that will impact the widespread use of plug-in hybrid and electric vehicles and any recommended changes to existing legal impediments to the widespread use of plug-in hybrid and electric vehicles. (e) The role the state should take to ensure that technologies employed in plug-in hybrid and electric vehicles work in a harmonious manner and across service territories. (f) The impact of widespread use of plug-in hybrid and electric vehicles on achieving the state’s goals pursuant to the California Global Warming Solutions Act of 2006 and renewables portfolio standard program and what steps should be taken to address possibly shifting emissions reductions responsibilities from the transportation sector to the electrical industry. (Added by Stats. 2009, Ch. 355, Sec. 1. (SB 626) Effective January 1, 2010.)
  32. 740.20.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    State agencies must require EV charging projects they fund or authorize to use licensed contractors and certified electricians, with some project-specific certification ratios and several 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 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.20. (a) (1) The commission, the Energy Commission, and the State Air Resources Board shall require that all electric vehicle charging infrastructure and equipment located on the customer side of the electrical meter that is funded or authorized, in whole or in part, by those state entities shall be installed by a contractor with the appropriate license classification, as determined by the Contractors’ State License Board, and at least one electrician on each crew, at any given time, who holds an Electric Vehicle Infrastructure Training Program certification. (2) The commission, the Energy Commission, and the State Air Resources Board shall require that projects funded or authorized, in whole or in part, by those state entities, that install a charging port supplying 25 kilowatts or more to a vehicle have at least 25 percent of the total electricians working on the crew for the project, at any given time, who hold Electric Vehicle Infrastructure Training Program certification. (3) One member of each crew may be both the contractor and an Electric Vehicle Infrastructure Training Program certified electrician. (b) Subdivision (a) does not apply to any of the following: (1) Electric vehicle charging infrastructure installed by employees of an electrical corporation or local publicly owned electric utility. (2) Electric vehicle charging infrastructure funded by moneys derived from credits generated from the Low Carbon Fuel Standard Program (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations). (3) Single-family home residential electric vehicle chargers that can use an existing 208/240-volt outlet. (c) An electrician apprenticeship program approved by the Division of Apprenticeship Standards or a continuing education provider approved by the Department of Industrial Relations to provide training to electricians may provide apprentices with Electric Vehicle Infrastructure Training Program training with their own Electric Vehicle Infrastructure Training Program certified instructors. The Electric Vehicle Infrastructure Training Program certification exam shall be administered by the Electric Vehicle Infrastructure Training Program. (d) The Electric Vehicle Infrastructure Training Program shall provide copies of its Electric Vehicle Infrastructure Training Program curriculum and any updates or revisions to any Electric Vehicle Infrastructure Training Program certified instructor within 30 days of a request or when the curriculum is updated. (e) (1) No later than May 1, 2021, and periodically thereafter, the Energy Commission, in consultation with the commission, shall conduct joint public workshops to determine if the Electric Vehicle Infrastructure Training Program curriculum and testing should be supplemented to include updated or additional topics necessary to ensure safe installation of charging infrastructure. In conducting the workshops, the Energy Commission shall seek public input from entities, including from labor groups, electrical contractors, electric vehicle service providers, and the Electric Vehicle Infrastructure Training Program. The Energy Commission’s determination shall consider cost, cost effectiveness, consensus in the industry, market penetration of new technologies, and the availability of supplemental training from other sources. The Energy Commission’s determination shall be reasonable, supplemental, and shall maintain the existing scope and rigor of the Electric Vehicle Infrastructure Training Program curriculum and testing. The Energy Commission shall not require the Electric Vehicle Infrastructure Training Program to provide product-specific training. If the Energy Commission determines that the Electric Vehicle Infrastructure Training Program should be supplemented, the Electric Vehicle Infrastructure Training Program shall incorporate this supplemental curriculum and testing within six months of final action by the Energy Commission, unless additional time is reasonably required. The Electric Vehicle Infrastructure Training Program may incorporate supplemental curriculum and testing either as a California-specific supplement to the Electric Vehicle Infrastructure Training Program certification or as part of the standard Electric Vehicle Infrastructure Training Program certification. (2) As part of the first workshop pursuant to paragraph (1), the Energy Commission, in consultation with the commission, shall evaluate whether additional training and testing is needed to safely install direct current fast charging infrastructure, high voltage charging infrastructure, or charging infrastructure for medium- and heavy-duty vehicles. (f) Electric Vehicle Infrastructure Training Program training shall qualify as part of the 32 hours of further electrical education that a California certified electrician is required to complete every three years pursuant to Section 291.5 of Title 8 of the California Code of Regulations. (g) Except as provided in subdivision (h), subdivision (a) applies to all work performed on or after January 1, 2022, pursuant to any decision made on or after January 1, 2021, by the commission, the Energy Commission, or the State Air Resources Board. (h) (1) Subdivision (a) applies to any work performed after January 1, 2021, pursuant to decisions described in subdivision (a) of Section 740.18. (2) Subdivision (a) does not apply to electric vehicle charging infrastructure and equipment that is subject to any agreements or contracts with any public agency entered into prior to January 1, 2021, even if it is funded or authorized after January 1, 2021. (i) Not later than March 1, 2021, the Electric Vehicle Infrastructure Training Program shall offer Electric Vehicle Infrastructure Training Program courses in an online format. The online format shall remain available through December 31, 2024. (Added by Stats. 2020, Ch. 372, Sec. 4. (AB 841) Effective January 1, 2021.)
  33. 740.21.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Electrical corporations must consider specified EV planning data in distribution planning and explain related investments in their general rate cases; the commission must ensure proposed investments fit the state’s goals and regulations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.21. (a) Each electrical corporation, as part of its distribution planning process, shall consider the fleet data produced by the Energy Commission pursuant to Section 25328 of the Public Resources Code, and other available data, to facilitate the readiness of their distribution systems to support the level of electric vehicle charging anticipated in its service territory by Executive Orders No. B-48-18 and N-79-20, the Energy Commission’s integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code, the Energy Commission’s assessment prepared pursuant to Section 25229 of the Public Resources Code, State Air Resources Board regulations, air quality management plans, regional seaport plans, regional transportation plans, and sustainable communities strategies. (b) In its general rate case, each electrical corporation shall identify how investments made pursuant to this section will support electric vehicle deployment within its service territory. Each electrical corporation shall consider the electric vehicle deployment goals in Executive Orders No. B-48-18 and N-79-20, the Energy Commission’s integrated energy policy report adopted pursuant to Section 25302 of the Public Resources Code, and the Energy Commission’s assessment prepared pursuant to Section 25229 of the Public Resources Code. Each electrical corporation may also consider relevant State Air Resources Board regulations, air quality management plans, regional seaport plans, regional transportation plans, and sustainable communities strategies. (c) In reviewing electrical corporation proposals to meet the requirements of subdivision (a), the commission shall ensure proposed investments are consistent with preparing the electrical grid for the achievement of the state’s goals and regulations identified in subdivision (a). (Added by Stats. 2022, Ch. 354, Sec. 3. (AB 2700) Effective January 1, 2023.)
  34. 740.23.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    A utility must report specified rate-case and historical cost, project, and return information to the commission as part of its general rate case.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.23. (a) For purposes of this section, “utility” means an electrical corporation or a gas corporation. (b) As a part of its general rate case, a utility shall report to the commission all of the following: (1) For any work category, the amount authorized for the test year in the last general rate case and the amount authorized based on escalation for the last year of the prior general rate case. (2) For any work category, the actual recorded amounts during the past 10 years split between labor and nonlabor costs and between capital and expenses. (3) For any asset repair, installation, or replacement work, the number of units installed, repaired, or replaced during the past 10 years. (4) The authorized and actual rate of return and return on equity for the past 10 years. (5) For distribution capacity, all of the following: (A) The projects included in the forecast submitted in the prior general rate case. (B) The projects actually conducted so far in the prior general rate case or planned to be started during the prior general rate case cycle. (C) Which projects included in the forecast submitted in the prior general rate case are included in the forecast for the pending general rate case. (D) Which projects included in the prior general rate case have been canceled or indefinitely delayed and the reasons for the cancellation or delay. (6) A breakdown by program of any capital costs included in the pending general rate case that exceed previously authorized levels or that have not been previously found to be reasonable. (Added by Stats. 2025, Ch. 177, Sec. 1. (AB 1017) Effective January 1, 2026.)
  35. 740.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must develop and carry out policies for low-emission vehicle fueling infrastructure, hold public hearings, and make sure program costs are not shifted to ratepayers unless that is found to be in their interest.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.3. (a) The commission, in cooperation with the Energy Commission, the State Air Resources Board, air quality management districts and air pollution control districts, regulated electrical and gas corporations, and the motor vehicle industry, shall evaluate and implement policies to promote the development of equipment and infrastructure needed to facilitate the use of electricity and natural gas to fuel low-emission vehicles. Policies to be considered shall include both of the following: (1) The sale-for-resale and the rate-basing of low-emission vehicles and supporting equipment such as batteries for electric vehicles and compressor stations for natural gas fueled vehicles. (2) The development of statewide standards for electric vehicle charger connections and compressed natural gas vehicle fueling connections, including installation procedures and technical assistance to installers. (b) The commission shall hold public hearings as part of its effort to evaluate and implement the new policies considered in subdivision (a). (c) The commission’s policies authorizing utilities to develop equipment or infrastructure needed for electricity-powered and natural gas-fueled low-emission vehicles shall ensure that the costs and expenses of those programs are not passed through to electrical or gas ratepayers unless the commission finds and determines that those programs are in the ratepayers’ interest. The commission’s policies shall also ensure that utilities do not unfairly compete with nonutility enterprises. (Amended by Stats. 2019, Ch. 396, Sec. 27. (AB 1513) Effective January 1, 2020.)
  36. 740.4.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must authorize public utilities to run economic development programs, and it may allow related expenses and discounts if ratepayer benefit is shown.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.4. (a) The commission shall authorize public utilities to engage in programs to encourage economic development. (b) Reasonable expenses for economic development programs, as specified in this section, shall be allowed, to the extent of ratepayer benefit, when setting rates to be charged by public utilities electing to initiate these programs. (c) Economic development activities may include, but not be limited to, the following: (1) Community marketing and development. (2) Technical assistance to support technology transfer. (3) Market research. (4) Site inventories. (5) Industrial and commercial expansion and relocation assistance. (6) Business retention and recruitment. (7) Management assistance. (d) This section shall not be interpreted to permit the funding of economic development activities that benefit any affiliated companies or parent holding companies beyond that which is authorized by law as of January 1, 1992. (e) (1) This section does not authorize the commission to establish discriminatory rates for the purpose of attracting or benefiting specific industries or business entities, except that incentives may be provided for the benefit of industries or business entities whose facilities are located within the boundaries of enterprise zones, economic incentive areas, recycling market development zones, or federal rural enterprise communities in accordance with the provisions of Chapter 12.8 (commencing with Section 7070) and Article 1 (commencing with Section 7080) of Chapter 12.9 of Division 7 of Title 1 of the Government Code, and Article 2 (commencing with Section 42145) of Chapter 3 of Part 3 of the Public Resources Code. (2) The commission may apply the incentives authorized by this subdivision that benefit industries or business entities whose facilities are located within the boundaries of economic enterprise zones or incentive areas to attract a federal Department of Defense Finance and Accounting Service Center at the existing site of Norton Air Force Base in San Bernardino County. This paragraph shall become inoperative if the federal Department of Defense Finance and Accounting Service Center is not located upon the premises known as Norton Air Force Base in San Bernardino County and shall also become inoperative on February 1, 1994, if that facility has not been awarded to that site before that date. (f) The commission may provide incentives pursuant to subdivision (e) to industries or business entities whose facilities are located within the boundaries of an enterprise zone that engage in activities in connection with the conversion of Fort Ord to other uses. (g) The commission may authorize rate discounts to industries or business entities whose facilities are located or will be located within the boundaries of enterprise zones, recycling market development zones, or economic incentive areas pursuant to paragraph (1) of subdivision (e). These discounts may be applied in either of the following ways: (1) Utilities may apply reduced monthly rates to qualifying customers’ monthly utility bills. (2) Utilities may, at the election of qualifying customers, assign the discounts to a private or public entity that returns consideration of like value to those customers, provided the customers agree to maintain their facilities in an enterprise zone, a recycling market development zone, or an economic incentive area for a minimum of five years from the date of commencement of the discount. (h) It is the intent of the Legislature that the Public Utilities Commission, in implementing this chapter, shall allow rate recovery of expenses and rate discounts supporting economic development programs within the geographic area served by any public utility to the extent the utility incurring or proposing to incur those expenses and rate discounts demonstrates that the ratepayers of the public utility will derive a benefit from those programs. Further, it is the intent of the Legislature that expenses for economic development programs incurred prior to the effective date of this chapter, which have not been previously authorized to be recovered in rates, shall not be subject to rate recovery. (Amended by Stats. 1997, Ch. 17, Sec. 127. Effective January 1, 1998.)
  37. 740.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission may not let ratepayers pay for research projects outside cyber security and grid integration, and it must keep related funding within a $35 million cap.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.5. (a) For purposes of this section, “21st Century Energy System Decision” means commission Decision 12-12-031 (December 20, 2012), Decision Granting Authority to Enter Into a Research and Development Agreement with Lawrence Livermore National Laboratory for 21st Century Energy Systems and for costs up to one hundred fifty-two million one hundred ninety thousand dollars ($152,190,000) or any subsequent decision in Application 11-07-008 (July 18, 2011), Application of Pacific Gas and Electric Company (U39M), San Diego Gas and Electric Company (U902E), and Southern California Edison Company (U338E) for Authority to Increase Electric Rates and Charges to Recover Costs of Research and Development Agreement with Lawrence Livermore National Laboratory for 21st Century Energy Systems. (b) In implementing the 21st Century Energy System Decision, the commission shall not authorize recovery from ratepayers of any expense for research and development projects that are not for purposes of cyber security and grid integration. Total funding for research and development projects for purposes of cyber security and grid integration pursuant to the 21st Century Energy System Decision shall not exceed thirty-five million dollars ($35,000,000). All cyber security and grid integration research and development projects shall be concluded by the fifth anniversary of their start date. (c) The commission shall not approve for recovery from ratepayers those program management expenditures proposed, commencing with page seven, in the joint advice letter filed by the state’s three largest electrical corporations, Advice 3379-G/4215-E (Pacific Gas and Electric Company), Advice 2887-E (Southern California Edison Company), and Advice 2473-E (San Diego Gas and Electric Company), dated April 19, 2013. Project managers for the 21st Century Energy System Decision shall be limited to three representatives, one representative each from Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company. (d) The commission shall require the Lawrence Livermore National Laboratory, as a condition for entering into any contract pursuant to the 21st Century Energy System Decision, and Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas and Electric Company to ensure that research parameters reflect a new contribution to cyber security and that there not be a duplication of research being done by other private and governmental entities. (Amended by Stats. 2016, Ch. 842, Sec. 15. (SB 1222) Effective January 1, 2017.)
  38. 740.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission may let investor-owned gas and electric utilities match certain grants or federal funds, and it must require those costs to be recoverable in rates.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.6. (a) The commission may authorize investor-owned gas and electric utilities to match grants provided to nonprofit agencies and local governments to participate in the Department of Economic Opportunity’s pilot program to identify and counsel low-income individuals and group facilities that are eligible to receive rate discounts and weatherization benefits offered by those utilities. The amount of utility matching funds for the pilot program shall be limited to a statewide total of three hundred thousand dollars ($300,000). The commission shall require that utility expenditures for those purposes be recoverable in rates. (b) If federal funds become available for low-income energy assistance or weatherization programs that may be secured with matching funds from states or utilities, the commission may authorize investor-owned gas and electric utilities to match those federal funds, and shall require that utility expenditures for those purposes be recoverable in rates. (Added by Stats. 1993, Ch. 1159, Sec. 3. Effective January 1, 1994.)
  39. 740.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must ensure interruptible service or curtailment programs let customers combine multiple accounts to meet minimum participation kilowatt requirements.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.7. Interruptible service or curtailment programs adopted by the commission shall assure that the programs allow customers to aggregate multiple accounts to meet any minimum kilowatt requirements for participation in the program, subject to geographical, load, and other parameters, as determined by the commission. (Added by Stats. 2001, 1st Ex. Sess., Ch. 7, Sec. 7. Effective April 12, 2001.)
  40. 740.8.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    This section defines “interests” of ratepayers for use in Sections 740.3 and 740.12 as direct benefits specific to ratepayers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.8. As used in Section 740.3 or 740.12, “interests” of ratepayers, short- or long-term, mean direct benefits that are specific to ratepayers, consistent with both of the following: (a) Safer, more reliable, or less costly gas or electrical service, consistent with Section 451, including electrical service that is safer, more reliable, or less costly due to either improved use of the electric system or improved integration of renewable energy generation. (b) Any one of the following: (1) Improvement in energy efficiency of travel. (2) Reduction of health and environmental impacts from air pollution. (3) Reduction of greenhouse gas emissions related to electricity and natural gas production and use. (4) Increased use of alternative fuels. (5) Creating high-quality jobs or other economic benefits, including in disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code. (Amended by Stats. 2015, Ch. 547, Sec. 31. (SB 350) Effective January 1, 2016.)
  41. 740.9.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    If the commission adopts a qualifying curtailment program, it must provide backup generation for agricultural and water supplier customers to offset curtailed load, but only to the extent allowed by existing law.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 740.9. (a) Any optional binding mandatory curtailment program adopted by the commission that exempts customers from Stage 3 rotating outages in exchange for partial load curtailments during every rotating outage period shall provide, for agricultural and water supplier customers, the use of backup generation to offset the curtailed load under the program, to the extent the use of backup generation is allowed under existing law, including, but not limited to, all relevant local air pollution control district and air quality management district rules and regulations. (b) As used in this section, “agricultural customers” means any customer involved in the production of or processing of agricultural products. “Water suppliers” means those water agencies or suppliers as defined in Section 20200 of the Water Code and Section 241 of the Public Utilities Code. (Added by Stats. 2001, 1st Ex. Sess., Ch. 7, Sec. 8. Effective April 12, 2001.)
  42. 741.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Certain public pay telephone owners or operators must post required service information and give customers specific call disclosures and call-termination options.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 741. (a) Every owner or operator of telephones available for public use, other than a telephone corporation, that accept any form of payment which, as part of the service furnished, provides operator-assisted services by other than a telephone corporation having tariff schedules on file with the commission providing for the furnishing of operator-assisted services, shall cause to be posted on or near the telephone equipment so as to be easily seen by telephone customers all of the following information: (1) The name of the provider of operator-assisted services and a toll-free telephone number for contacting that provider. (2) The applicable charges for each available operator-assisted service. (3) That the provider of operator-assisted services will respond to inquiries concerning the terms and conditions of any available service. (4) That surcharges may apply to operator-assisted and calling card calls. (5) That card-activated calls, calls activated by any other payment device, or calls that may be charged to a card by giving a card number to an operator may cost more than coin-activated calls. (6) The local rates for nonoperator-assisted calls. (b) Every owner or operator of telephones available for public use, other than a telephone corporation, that accept any form of payment which, as part of the service furnished, provides operator-assisted services by other than a telephone corporation having tariff schedules on file with the commission providing for the furnishing of operator-assisted services, shall: (1) Identify itself, audibly and distinctly, to the consumer at the beginning of each telephone call and before the consumer incurs any charge for the call. (2) Permit the consumer to terminate the telephone call before the call is connected. (3) At no charge, disclose to the consumer, immediately after the number to be called is entered or given to an operator, a quotation of its complete rates and charges for the call. (c) This section shall become operative on January 1, 2015. (Amended (as added by Stats. 2013, Ch. 140, Sec. 2) by Stats. 2014, Ch. 71, Sec. 149. (SB 1304) Effective January 1, 2015.)
  43. 741.1.

    ## 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 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Certain nonpublic telephone-service providers must post specified operator-assistance information where users can easily see it.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 741.1. Every nonpublic utility provider of telephone services, including, but not limited to, a hotel, motel, hospital, or university, which imposes charges on users of the services and which, as part of the service furnished, provides operator-assisted services by other than a telephone corporation having tariff schedules on file with the commission providing for the furnishing of operator-assisted services shall cause to be posted on or near the telephone equipment so as to be easily seen by users of the service all of the following information: (a) The name of the provider of operator-assisted services and a toll-free telephone number for contacting that provider. (b) The applicable charges for each available operator-assisted service. (c) That the provider of operator-assisted services will respond to inquiries concerning the terms and conditions of any available service. (Added by Stats. 1988, Ch. 648, Sec. 3.)
  44. 741.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Some nonpublic utility telephone providers do not have to file tariff schedules, but hospital-patient telephone service providers face limits on certain call charges and must post a notice with required charge information and a Consumer Affairs Division contact number.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 741.2. (a) No nonpublic utility provider of telephone services, including, but not limited to, a hotel, motel, hospital, university, or similar place of temporary accommodation owning or operating message switching or billing equipment solely for the purpose of reselling services provided by a telephone corporation to its patients or guests is required to file or maintain tariff schedules. (b) No such nonpublic utility provider of telephone services which provides service to hospital patients may charge more for any nontoll telephone call than the maximum rate of charge authorized by the commission for a nontoll call placed from a coin-activated telephone owned or operated by other than a telephone corporation plus twenty-five cents ($0.25). (c) No such nonpublic utility provider of telephone services which provides service to hospital patients may charge more for any toll telephone call than the sum of all of the following: (1) The applicable tariff rate or charge of the telephone corporation whose service is resold for that telephone call. (2) The surcharge or surcharges, if any, applicable to that call if placed from a coin-activated telephone owned or operated by the telephone corporation within whose service area the nonpublic utility provider of telephone services is located, unless that surcharge is included in the tariff rate or charge for that call. (3) Twenty-five cents ($0.25). (d) No such nonpublic utility provider of telephone services may make any charge for any uncompleted telephone call unless notice pursuant to subdivision (e) is provided specifying the circumstances under which a charge will be made for an uncompleted call. (e) Every nonpublic utility provider of telephone services shall display or post on or near the telephone equipment so as to be easily seen by telephone users a notice of all of the following: (1) The charges applicable to all of the available telephone services. These charges shall be separately stated, and shall include, but not be limited to, the following information: (A) Individual customer telephone service activation deposits or fees, if any. (B) Charges for use of telephone services, irrespective of whether a call is completed. (2) That these charges are consistent with this section, if applicable. (3) The telephone number of the Consumer Affairs Division of the commission to which questions or complaints may be directed. (f) Subdivision (e) does not require separate notices for multiple or extension telephones having the same telephone extension number. (g) This section does not require any such nonpublic utility provider of telephone services to make any charge for the furnishing of any telephone service, and this section does not apply to any such provider that makes no charge for telephone services furnished. This section does not constitute any such provider a telephone corporation or otherwise subject it to regulation by the commission as a public utility. (Amended by Stats. 1997, Ch. 681, Sec. 1. Effective January 1, 1998.)
  45. 741.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must adopt and enforce operating requirements for operator-assisted telephone services.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 741.3. The commission shall, by rule or order, adopt and enforce operating requirements applicable to operator-assisted telephone services, whether furnished by a telephone corporation or other than a telephone corporation, for nonpublic utility providers of telephone services, including, but not limited to, hotels, motels, hospitals, universities, and similar places of temporary accommodation owning or operating message switching or billing equipment solely for the purpose of reselling services provided by a telephone corporation to its patients or guests. These operating requirements shall include, but not be limited to, all of the following: (a) That there be displayed or posted on or near the telephone equipment so as to be easily seen by telephone users a notice stating the identity of the nonpublic utility provider of the telephone services; the method for obtaining the rates, terms, or conditions of operator-assisted services; the operator-assisted services provider’s procedures for handling complaints; the means by which the telephone user may gain access to other providers of operator-assisted services; and the means by which the telephone user may gain access to the services of the telephone corporation operating within the service area within which the telephone services of the nonpublic utility provider are furnished. The notice shall also provide the telephone number of the Consumer Affairs Division of the commission to which questions or complaints may be directed. (b) That, when contacted for service by the telephone user, the operator-assisted services provider orally identify itself by name prior to the connection of the telephone call or the commencement of any charges. (c) That the telephone equipment permit access by the telephone user to any other provider of operator-assisted services generally available in the service area. (d) Any other operating requirement determined necessary and in the public interest by the commission. (Added by Stats. 1989, Ch. 1014, Sec. 2.)
  46. 742.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must set and enforce operating rules for certain public-use telephones, and related telephone corporations and directory publishers must meet specific service and information requirements.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 742. (a) The commission shall, by rule or order, adopt and enforce operating requirements for telephones available for public use that accept any form of payment and that are owned or operated by corporations or persons other than telephone corporations. These requirements shall include, but are not limited to, all of the following: (1) A requirement that the telephone corporation furnishing service to the corporation or person owning or operating a telephone that accepts any form of payment terminate service for any violation of the commission’s rules or orders or of this section, upon a determination by the commission that the violation was a significant or repeated violation. Any determination by the commission leading to a termination of service shall be made in accordance with commission rules or orders adopted pursuant to this subdivision. (2) A requirement that every telephone permit a caller to be connected with the operator personnel of any telephone corporation authorized by the commission to operate within a service area by dialing the numeral “0” and with the emergency services switchboard reached by dialing the numerals “911” without insertion of any coin or without any other form of payment. (3) A requirement that every telephone contain instructions for both local and long distance dialing, the name of the owner or operator of the telephone, and the telephone number of that owner or operator to which complaints can be made. (4) A requirement that every telephone display its telephone number or other identification number, as determined by the commission, and the address at which the telephone is located, on the telephone in a place where that information may be seen by a person using the telephone. (b) The commission shall require every telephone corporation that publishes a directory of subscribers to include in that directory information comprising the substance of this section and the rules and orders of the commission adopted pursuant to this section. (c) This section shall become operative on January 1, 2015. (Repealed (in Sec. 3) and added by Stats. 2013, Ch. 140, Sec. 4. (SB 50) Effective January 1, 2014. Section operative January 1, 2015, by its own provisions.)
  47. 742.1.

    ## 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 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must set and enforce operating requirements for certain non-telephone corporations that provide operator-assisted services, and it must require directory-publishing telephone corporations to include this section’s substance and related commission rules in the directory.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 742.1. (a) The commission shall, by rule or order, adopt and enforce operating requirements for every corporation or person, other than a telephone corporation, which, as part of the services furnished, furnishes operator-assisted services by other than a telephone corporation having tariff schedules on file with the commission. These requirements shall include, but not be limited to, a requirement that furnishing these operator-assisted services for telephone calls within a service area is prohibited unless the commission, after instituting a proceeding for the purpose, finds and determines that to permit these operator-assisted services is in the public interest. (b) The commission shall require every telephone corporation which publishes a directory of subscribers to include in that directory information comprising the substance of this section and the rules and orders of the commission adopted pursuant to this section. (Added by Stats. 1988, Ch. 1058, Sec. 3.)
  48. 742.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must set and enforce a rule requiring public coin-activated and credit card-activated telephones to display a surcharge notice.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 742.3. The commission shall, by rule or order, adopt and enforce an operating requirement for coin-activated and credit card-activated telephones available for public use, whether owned by telephone corporations or persons other than telephone corporations, which requires that every telephone display a notice that surcharges may apply to operator-assisted and calling card calls. The required signage shall be phased in over a period of two years beginning on January 1, 1993. A sticker with the necessary notification may be used as an interim measure until January 1, 1995. (Added by Stats. 1992, Ch. 539, Sec. 2. Effective January 1, 1993.)
  49. 742.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Telephone corporations in a service area generally may not provide billing and collection services for certain uncertificated telephone corporations or related bill-collection providers, and they may not transmit charges above the applicable maximum tariff rate for certain coin-telephone calls.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 742.5. (a) No telephone corporation which operates within a service area shall provide billing and collection services for either of the following: (1) Any telephone corporation which has not obtained a certificate of public convenience and necessity but is required to do so. (2) Any person or corporation providing billing and collection services for any telephone corporation which has not obtained a certificate of public convenience and necessity but is required to do so. (b) Subdivision (a) does not prohibit a telephone corporation operating within a service area from providing billing and collection services for a provider of enhanced service, as defined by Section 64.702 of Title 47 of the Code of Federal Regulations. (c) No telephone corporation which provides billing and collection services for any call placed by a subscriber of the telephone corporation from a coin-activated telephone available for public use owned or operated by other than a telephone corporation shall transmit any charge which is in excess of the maximum tariff rate or charge for that call placed from that telephone, as determined by the commission. Any reasonable cost incurred by the telephone corporation in verifying any such charge may be included in the fees or charges for conducting the billing and collection services. The commission shall adopt rules and procedures for the implementation of this subdivision. (Added by Stats. 1989, Ch. 1014, Sec. 3.)
  50. 743.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Electrical corporations serving certain industrial customers must file tariffs below the system average rate, and the commission must review those tariffs and may approve related interruptible-service contracts.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 743. (a) As used in this section, “steel producer” means a producer of steel products in California which in 1981 or any subsequent year produced at least 75,000 tons of rolled or finished steel and which has a maximum demand for electricity of 4,000 kilowatts or more at one plant location. Any steel producer which transfers any substantial amount of employment from its facilities in this state to any out-of-state facility or otherwise substantially reduces employment at its facilities in this state below the June 30, 1985, level, or fails to maintain and make reasonable and prudent investments in its facilities, as determined by the commission, is ineligible for any electric rate established pursuant to this section. (b) As used in this section, “frozen food processor” means a corporation or person engaged in the processing of food in California, which food is classified according to the Standard Industrial Classification Manual, 1972, in Industry No. 2037 and Industry No. 2038 of Group 203, of Food and Kindred Products Major Group 20, as specified in Section 2900.3 of Title 7 of the Code of Federal Regulations. “Processing of food” includes the postprocessing storage of frozen food in a warehouse, or other facility, until the frozen food leaves the control or responsibility of the frozen food processor or until the frozen food processor no longer has an obligation to store the food. (c) As used in this section, “system average rate” means total jurisdictional revenues of the electrical corporation divided by total jurisdictional sales. (d) Every electrical corporation furnishing electricity to a steel producer, frozen food processor, or other heavy-industry customer, as determined and specified by the electrical corporation, shall prepare and file tariffs providing rates which shall be lower than the system average rate and take into consideration all of the following: (1) Specific service requirements of individual customers, including, but not limited to, reliability, interruptability, quantity of use, and requirements of voltage. (2) Incentives to achieve conservation, improvements in efficiency, and time-of-day load shifting. (3) Implementation at the option of the customer. (4) Cost of service. (e) The commission shall consider and approve tariffs which shall be consistent with this section and which shall be in effect on and after July 1, 1992. (f) The commission may approve contracts between an electrical corporation and its heavy industrial customers as determined by the electrical corporation, of not more than ten years’ duration, in which the electrical corporation buys from the heavy industrial customer the right to interrupt the customer’s service on short notice, as determined by the commission. The payment mechanism may include a discounted rate for service. In approving and determining the reasonableness of these contracts, the commission may consider, among other things, the price paid by the electrical corporation for the right to interrupt, the value of that right to the utility system and its ratepayers, and the benefits to the ratepayers and the people of the state of retaining heavy industrial customers. Throughout the term of any of these contracts, the commission shall have the right to amend the contract. Every contract subject to this subdivision shall include a provision indicating that the contract is subject to amendment by the commission as provided in this subdivision. This subdivision does not supersede the requirement of subdivision (d) that the commission establish a heavy industrial tariff. (Amended by Stats. 1991, Ch. 878, Sec. 1.)
  51. 743.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    An electrical corporation must tell the relevant air pollution or air quality districts, at least monthly, the names and addresses of certain entities in its service area that have interruptible service arrangements. The districts must keep the received information confidential, but open-records laws may still apply.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 743.3. (a) Beginning January 15, 2002, and at least once monthly thereafter, an electrical corporation shall notify each air pollution control district and air quality management district of the name and address of each entity within the district’s boundaries within the electrical corporation’s control or service area with whom the electrical corporation enters into an interruptible service contract or similar arrangement. (b) For the purposes of this section, “interruptible service contract or similar arrangement” means any arrangement in which a nonresidential electrical customer agrees to reduce or consider reducing its electrical consumption during periods of peak demand or at the request of the Independent System Operator in exchange for compensation, or for assurances not to be blacked out or other similar nonmonetary assurances. (c) The local air pollution control district or air quality management district shall maintain in a confidential manner the information received pursuant to this section. However, nothing in this subdivision shall affect the applicability of Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, or of any other similar open records statute or ordinance, to information provided pursuant to this section. (Amended by Stats. 2021, Ch. 615, Sec. 398. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  52. 744.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Electrical corporations serving agricultural producers must file tariffs for optional interruptible and off-peak electricity service, and the commission sets the rates.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 744. (a) As used in this section, “agricultural producer” means any person or corporation whose principal purpose is the agrarian production of food or fiber. (b) Every electrical corporation furnishing electricity to an agricultural producer shall, in addition to its regular service, prepare and file tariffs providing, where economically and technologically feasible, for optional alternative interruptible service to any agricultural producer upon reasonable notice to the agricultural producer consistent with safety of operations by the agricultural producer and providing for limits upon the frequency and duration of interruption of service which the commission finds are reasonable in relation to the needs of the electrical corporation for reductions in load to meet system peak requirements and the burdens imposed upon the agricultural producer of reducing its operations during periods of interruption of electrical service. The commission shall establish the rate for this service at an appropriate discount from the system average rate, which shall be not less than the cost of furnishing this service. (c) Every electrical corporation furnishing electricity to an agricultural producer shall, in addition to its regular service, prepare and file tariffs providing for an optional off-peak demand service, including the availability of time-differentiating meters or other measurement devices, to any agricultural producer providing for furnishing electricity to the agricultural producer during periods of off-peak demand and which the commission finds are reasonable in relation to the needs of the electrical corporation for reduction in demand to meet system peak requirements and the burdens imposed upon the agricultural producer of scheduling its operations to coincide with the periods of off-peak demand. The off-peak demand service tariff shall be composed of a two-part time differentiated schedule consisting of on- and off-peak rates. The commission shall establish the rate for this service at an appropriate discount from the system average rate, which shall be not less than the cost of furnishing this service. (Added by Stats. 1986, Ch. 538, Sec. 2. Effective August 21, 1986.)
  53. 744.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The Public Utilities Commission must require electrical corporations to offer a citrus and avocado crop-related electricity payment deferral program when verified freeze losses are at least 50%.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 744.5. (a) Notwithstanding any other provision of law, the Public Utilities Commission shall, as soon as is practicable after the operative date of the act adding this section, require every electrical corporation which furnishes electricity to an agricultural producer to provide, in accordance with the requirements of subdivision (c), citrus and avocado producers with an electrical energy payment deferral program related to the production of citrus and avocado crops. (b) For the purposes of this section, “agricultural producer” shall be as defined in subdivision (a) of Section 744. (c) Notwithstanding any other provision of law, upon verification by the agricultural producer of freeze-related crop losses of not less than 50 percent, the electrical corporation shall provide the electrical energy payment deferral program referenced in subdivision (a). For the purposes of this subdivision, the electrical corporation shall accept the original or a true photocopy of any of the following as verification of crop losses: (1) A statement from a packing house or handler. A person who exercises managing control in a packing house shall provide at least one of the documents set forth in paragraphs 2 to 5, inclusive, in addition to, or in place of, the document set forth in this paragraph. (2) A statement from a farm adviser of the University of California. (3) A statement from the county agricultural commissioner. (4) A statement of insurance adjustment. (5) A calamity claim to the county tax assessor. (d) For the purposes of this section, “deferral period” shall mean June 1, 1991, to March 31, 1992, inclusive. Electricity bills incurred by agricultural producers during the deferral period shall be eligible for deferral pursuant to this section. (e) (1) Deferral programs under this section shall be developed on an individual basis between the electrical energy corporation and the eligible agricultural producers. These deferral programs shall allow eligible agricultural producers, at their option, to defer, without incurring interest charges, up to 50 percent of each electricity bill incurred during the deferral period on accounts or amounts attributable to the production of citrus or avocado crops. (2) At the end of the deferral period, participating agricultural producers shall keep each month’s charges current and pay the accrued deferrals in up to 18 equal monthly installment payments. To be eligible for the maximum 50 percent deferral and the maximum 18-month repayment period, an agricultural producer shall do all of the following: (A) Verify crop losses in accordance with subdivision (c). (B) Demonstrate, to the satisfaction of the electrical energy corporation, which accounts are, or which portion of the amount billed is, attributable to the production of citrus or avocado crops. (C) Pay, on or before the due date of each bill during the deferral period, at least 50 percent of the charges incurred on each bill. (f) The electrical energy corporation may require a security interest in crops, real property, or other security acceptable to the electrical energy corporation, as a condition of deferring payments pursuant to this section. Any deferral by the electrical energy corporation of one or more electricity bills pursuant to this section shall not constitute a waiver by the corporation of its authority to require security for amounts already deferred or subsequently deferred. (g) Each electrical energy corporation shall establish a balancing account to reflect the amounts of the deferrals and the costs of the payment deferral program. All of the costs of the payment deferral program, including, but not limited to, uncollectible amounts, interest, and administrative costs, shall be fully recovered from all customers of the electrical energy corporation. (Added by Stats. 1991, 1st Ex. Sess., Ch. 8, Sec. 2. Effective August 30, 1991.)
  54. 745.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission may allow time-variant pricing for residential electric service, but it cannot make it mandatory or default except under subdivision (c).

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 745. (a) For purposes of this section, “time-variant pricing” includes time-of-use rates, critical peak pricing, and real-time pricing, but does not include programs that provide customers with discounts from standard tariff rates as an incentive to reduce consumption at certain times, including peak time rebates. (b) The commission may authorize an electrical corporation to offer residential customers the option of receiving service pursuant to time-variant pricing and to participate in other demand response programs. The commission shall not establish a mandatory or default time-variant pricing tariff for any residential customer except as authorized in subdivision (c). (c) Beginning January 1, 2018, and subject to the commission making the findings required by subdivision (d), the commission may require or authorize an electrical corporation to employ default time-of-use rates for residential customers subject to all of the following: (1) Residential customers receiving a medical baseline allowance pursuant to subdivision (c) of Section 739, customers requesting third-party notification pursuant to subdivision (c) of Section 779.1, customers who the commission has ordered cannot be disconnected from service without an in-person visit from a utility representative (Decision 12-03-054 (March 22, 2012), Decision on Phase II Issues: Adoption of Practices to Reduce the Number of Gas and Electric Service Disconnections, Order 2 (b) at page 55), and other customers designated by the commission in its discretion shall not be subject to default time-of-use rates without their affirmative consent. (2) The commission shall ensure that any time-of-use rate schedule does not cause unreasonable hardship for senior citizens or economically vulnerable customers in hot climate zones. (3) The commission shall strive for time-of-use rate schedules that utilize time periods that are appropriate for at least the following five years. (4) A residential customer shall not be subject to a default time-of-use rate schedule unless that residential customer has been provided with not less than one year of interval usage data from an advanced meter and associated customer education and, following the passage of this period, is provided with no less than one year of bill protection during which the total amount paid by the residential customer for electric service shall not exceed the amount that would have been payable by the residential customer under that customer’s previous rate schedule. (5) Each electrical corporation shall provide each residential customer, not less than once per year, using a reasonable delivery method of the customer’s choosing, a summary of available tariff options with a calculation of expected annual bill impacts under each available tariff. The summary shall not be provided to customers who notify the utility that they choose not to receive the summary. The reasonable costs of providing this service shall be recovered in rates. (6) Residential customers have the option to not receive service pursuant to a time-of-use rate schedule and incur no additional charges as a result of the exercise of that option. Prohibited charges include, but are not limited to, administrative fees for switching away from time-of-use rates, hedging premiums that exceed any actual costs of hedging, and more than a proportional share of any discounts or other incentives paid to customers to increase participation in time-of-use rates. This prohibition on additional charges is not intended to ensure that a customer will necessarily experience a lower total bill as a result of the exercise of the option to not receive service pursuant to a time-of-use rate schedule. (d) The commission shall not require or authorize an electrical corporation to employ default time-of-use rates for residential customers unless it has first explicitly considered evidence addressing the extent to which hardship will be caused on either of the following: (1) Customers located in hot, inland areas, assuming no changes in overall usage by those customers during peak periods. (2) Residential customers living in areas with hot summer weather, as a result of seasonal bill volatility, assuming no change in summertime usage or in usage during peak periods. (Amended by Stats. 2014, Ch. 625, Sec. 1. (SB 1090) Effective January 1, 2015.)
  55. 746.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must decide the ratemaking treatment for certain incentive compensation paid to officers or employees of electrical or gas corporations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 746. The commission shall determine the appropriate ratemaking treatment for incentive compensation paid to officers or employees of an electrical corporation or gas corporation for incentive compensation that is linked to the stock price or financial performance of the electrical corporation or gas corporation. (Added by Stats. 2012, Ch. 464, Sec. 1. (AB 861) Effective January 1, 2013.)
  56. 747.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The Legislature states that the commission should reduce electricity and natural gas rates as much as possible.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 747. It is the intent of the Legislature that the commission reduce rates for electricity and natural gas to the lowest amount possible. (Amended by Stats. 2015, Ch. 612, Sec. 18. (SB 697) Effective January 1, 2016.)
  57. 748.1.

    ## 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 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Most electrical and gas corporations may not recover fines or penalties through commission-approved rates, except for Golden State Energy.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 748.1. Except for Golden State Energy, an electrical corporation or gas corporation shall not recover, through a rate approved by the commission, a fine or penalty. (Amended by Stats. 2020, Ch. 27, Sec. 7. (SB 350) Effective January 1, 2021.)
  58. 748.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Electrical and gas corporations generally may not recover certain settlement-related costs through commission-approved rates, unless the commission approves them as just and reasonably incurred.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 748.2. (a) Except as specified in subdivision (b), an electrical corporation or gas corporation shall not recover, through a rate approved by the commission, costs arising directly from new or additional activities expressly agreed to by the corporation, or any direct payment, fine, or penalty paid by the corporation, in a settlement agreement resolving a criminal or civil inquiry, investigation, or prosecution for a violation of law, conducted by the Attorney General or a district attorney, county counsel, city attorney, or city prosecutor, and in exchange for the inquiry, investigation, or prosecution to be terminated or concluded. (b) Notwithstanding subdivision (a), the commission shall only approve an electrical corporation or gas corporation to recover, through a rate, costs described in subdivision (a) if the commission determines that those costs were just and reasonably incurred. (Added by Stats. 2022, Ch. 689, Sec. 1. (AB 2083) Effective January 1, 2023.)
  59. 748.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Utilities may not charge ratepayers for specified political, promotional, and other non-allowed costs, and must disclose who pays for public messages.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 748.3. (a) For purposes of this section, all of the following definitions apply: (1) “Above-the-line account” means an account that contains expenses that a utility recovers from ratepayers, including an account that contains expenses that the utility used to calculate a revenue requirement request in its general rate case. (2) “Below-the-line account” means an account that contains expenses that a utility does not generally recover from ratepayers. (3) “Compensation” means salary, a bonus, benefits, or other consideration of any value. (4) “Covered business unit” means a division, department, or other organizational employee group within a utility that performs activities specified in subdivision (b). (5) “Expense” means a payment to an external entity, a cost incurred by a parent company or corporate affiliate and invoiced to a utility, and compensation paid to an employee of a utility. (6) (A) “Political influence activity” means either of the following: (i) An activity for the purpose of directly or indirectly influencing any of the following: (I) The adoption, repeal, or modification of federal, state, regional, or local legislation, regulations, or ordinances. (II) The election, recall, appointment, or removal of a public official or the adoption of initiatives or referenda. (III) The approval, modification, or revocation of franchises of a utility. (IV) Public opinion with respect to legislation, regulations, ordinances, elections, referenda, or rate setting of a utility. (V) Decisions of federal, state, regional, or local public officials. (ii) Research, preparation, or any other activity undertaken for the purpose of supporting any activities specified in clause (i). (B) “Political influence activity” does not include any of the following: (i) An activity that is directly and necessarily related to appearances before regulatory or other governmental bodies in connection with the utility’s existing or proposed operations of the utility’s regulated system. Policies affecting the use of gaseous fuels or electricity are not directly and necessarily related to the utility’s existing or proposed operations. (ii) An activity that is directly related to a commission-approved energy efficiency program or another commission-approved public purpose program if the participation of the utility has not otherwise been prohibited by the commission. (iii) An activity that responds to a request by a legislative committee, the commission, or a government agency for technical information from the utility. (iv) An activity required by applicable federal or state statute, or by order of a regulatory authority, and undertaken for the purpose of satisfying that statutory or regulatory requirement. (7) (A) “Promotional advertising” means written, online, video, or audio communications that primarily build the public image of a utility and that is not required by the commission, including communications about the undergrounding of electrical lines or other actions that a utility may take in the future. (B) “Promotional advertising” does not include, except as specified in subparagraph (A), any of the following: (i) Public messages that the utility is directed to publish by a federal, state, or local agency. (ii) Public messages that provide information on safety measures, emergency conditions, the conservation of energy as described in subdivision (b) of Section 796, rates, utility programs and services approved by the commission, or service interruptions, and that do not primarily build the public image of the utility. (iii) Public messages providing necessary information to customers about specific actions the customers can take for their safety. (8) “Public official” means a decisionmaker within an administrative agency or legislative body at the local, regional, state, or federal level, or an executive officer at the local, regional, state, or federal level. (9) “Utility” means an electrical corporation or gas corporation. (10) “Utility affiliate” means an entity that is related to the utility as a subsidiary, parent, or sibling corporation, including by shareholding or other means of control. (11) “Vendor” means a person or business that provides goods and services. (b) Except as provided in subdivision (c), a utility shall not record to an above-the-line account, or otherwise recover from ratepayers, direct or indirect costs of any of the following: (1) Membership dues, sponsorships, or other contributions to an industry trade association, group, or related entity incorporated under Section 501 of the Internal Revenue Code of 1986, as amended, if any portion of those contributions support political influence activities or advertising. This paragraph does not apply to fees for professional licenses necessary for employee job duties. (2) Charitable giving, including contributions to an organization that qualified under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1986, as amended. (3) Political influence activities. (4) Promotional advertising. (5) Payments to outside attorneys representing utilities in commission proceedings or experts testifying on behalf of, or otherwise supporting the participation by, utilities in commission proceedings that exceed the hourly rates that would be permitted for rate recovery under the commission’s intervenor compensation program. (6) Contributions to political candidates, political parties, campaign committees, issue committees, or independent expenditure committees, or other political expenses. (7) A cost, including marketing, administration, or customer service, for products or services not regulated by the commission. (8) Penalties or fines, including tax penalties or fines, issued against a utility. (9) Board of directors and officers liability insurance, and travel, lodging, food, or beverage expenses for a utility’s board of directors and officers or the board of directors and officers of a utility affiliate. (10) An owned, leased, or chartered aircraft for the utility’s board of directors and officers or the board of directors and officers of a utility affiliate. (11) Investor relations. (c) Subdivision (b) does not prohibit a utility from recording to an above-the-line account payments made pursuant to an agreement authorized by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.) or payments authorized by the federal National Labor Management Cooperation Act of 1978 (Public Law 95-524), and does not restrict any use permitted by federal law of moneys paid pursuant to those federal acts. (d) (1) A utility shall clearly and conspicuously disclose in all of its public messages whether the costs of the public messages are being paid for by the utility’s shareholders or ratepayers, consistent with rules and regulations related to candidate disclosure rules adopted pursuant to Article 5 (commencing with Section 84501) of Chapter 4 of Title 9 of the Government Code. (2) A disclosure is not clear and conspicuous if the disclosure is difficult to hear or read, or if the placement of the disclosure is easily overlooked. (3) For public messages recorded to an above-the-line account, the utility shall identify, in response to a request from a party in the utility’s most recent general rate case, which expense or capital account is the source of the funding. (e) (1) On or before May 31, 2026, and annually thereafter, each utility shall report, as part of the statement required under General Order 77-M, all of the following information from the previous calendar year to ensure the utility’s compliance with this section: (A) (i) A list of covered business units of the utility. Except as specified in clause (ii), for each covered business unit, the report shall contain all of the following: (I) A list of each employee’s name and job title. (II) A job description of each listed employee sufficient to describe the employee’s responsibilities. (III) The total annual compensation provided to each listed employee. (IV) The number of hours booked to an above-the-line account for each listed employee. (V) The percent of total annual compensation booked to an above-the-line account for each employee. (ii) This subparagraph does not apply to an employee represented by a labor organization, covered under a valid collective bargaining agreement, and performing activities described in this chapter at the direction of the labor organization. (B) To the extent the utility retains outside vendors to perform activities described in subdivision (b) and those vendors conduct any other work where the costs of the work are recorded to above-the-line accounts, the utility shall provide the Federal Energy Regulatory Commission Uniform System of Accounts number under which those costs are recorded and a log documenting the time, work performed, total cost incurred, how those costs benefit ratepayers, and the reason those activities are not deemed to be activities for which the recovery through rates of those costs is prohibited pursuant to subdivision (b). (C) A detailed accounting of expenses booked to an above-the-line account for participation in each commission proceeding for which the utility is a party, including employee compensation, and vendor and other expenses. (2) The commission shall make all reports filed pursuant to paragraph (1) with the commission publicly available, consistent with Section 583. (f) The commission shall monitor and investigate compliance and noncompliance with this section. (g) Moving an expense to a below-the-line account after it was booked to an above-the-line account does not protect that expense from being disclosed to the commission or disclosed in response to a discovery request or order in a general rate case or other relevant commission proceeding. (h) (1) In addition to any disallowance or future adjustment ordered by the commission, the commission shall assess a civil penalty, based on the severity of the violation, against a utility that violates subdivision (b) or fails or neglects to comply with any part or provision of any order, decision, decree, rule, direction, demand, or requirement of the commission implementing subdivision (b). (2) This section does not limit the commission’s authority under any other law to assess a penalty or sanction against a utility that violates subdivision (b) or fails or neglects to comply with any part or provision of any order, decision, decree, rule, direction, demand, or requirement of the commission implementing subdivision (b). (Added by Stats. 2025, Ch. 634, Sec. 3. (AB 1167) Effective January 1, 2026.)
  60. 748.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must direct certain greenhouse-gas allowance revenues to customer credits, require electrical corporations to maintain and update customer outreach plans, and may use up to 15% of the revenues for qualifying clean energy and energy efficiency 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 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 748.5. (a) (1) Except as provided in subdivisions (c), (d), and (e), the commission shall require revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electric utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations to be credited directly to the residential customers of the electrical corporation. (2) Small business, emissions-intensive, trade-exposed retail customers of the electrical corporation that are covered entities under the regulations adopted pursuant to Section 38562 of the Health and Safety Code, and emissions-intensive, trade-exposed retail customers of the electrical corporation that are not covered entities under the regulations adopted pursuant to Section 38562 of the Health and Safety Code, may also be credited from the revenues in paragraph (1), as determined by the commission. (3) The credits provided to residential customers of an electrical corporation shall be provided on the bills of those customers in no more than four high-billed months of each year to maximize customer electric bill affordability, or as otherwise directed by the commission to address extreme, unforeseen, and temporary circumstances. (b) (1) Not later than January 1, 2013, the commission shall require the adoption and implementation of a customer outreach plan for each electrical corporation, including, but not limited to, such measures as notices in bills and through media outlets, for purposes of obtaining the maximum feasible public awareness of the crediting of greenhouse gas allowance revenues. Costs associated with the implementation of this plan are subject to recovery in rates pursuant to Section 454. (2) Not later than January 1, 2027, the commission shall require each electrical corporation to update the customer outreach plan developed pursuant to paragraph (1) to include a statement at the top of customer bills in applicable months specifying the amount of money saved on a utility bill in that month and attributing those savings to the climate credit and the California Cap-and-Invest Program. (c) The commission may allocate up to 15 percent of the revenues, including any accrued interest, received by an electrical corporation as a result of the direct allocation of greenhouse gas allowances to electrical distribution utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations, for clean energy and energy efficiency projects established pursuant to statute that are administered by the electrical corporation, or a qualified third-party administrator as approved by the commission, and that are not otherwise funded by another funding source. This subdivision shall become inoperative on July 1, 2026. (d) (1) The commission shall require an electrical corporation to annually remit to the State Treasury 5 percent of the revenues, including any accrued interest, received by the electrical corporation as a result of the direct allocation of greenhouse gas allowances to electrical distribution utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations for deposit in the California Transmission Accelerator Revolving Fund, pursuant to Section 63049.72 of the Government Code. This paragraph shall become operative on July 1, 2026, and shall become inoperative on July 1, 2031. (2) The revenues deposited in the fund shall be available to the California Infrastructure and Economic Development Bank for purposes of the California Transmission Accelerator Revolving Fund Program established pursuant to Sections 63049.71 to 63049.73, inclusive, of the Government Code. (Amended by Stats. 2025, Ch. 117, Sec. 13. (AB 1207) Effective September 19, 2025.)
  61. 748.5.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    A local publicly owned electric utility must give ratepayers a credit equal to the value of certain extra allowance allocations, and must report allowance revenue uses to the State Air Resources Board. The Board must then submit an annual report to the Legislature.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 748.5.5. (a) A local publicly owned electric utility that receives an allowance allocation in addition to the allowance totals specified in Section 95892 of Title 17 of the California Code of Regulations pursuant to subparagraph (B) of paragraph (1) of subdivision (b) of Section 38562 of the Health and Safety Code shall provide a credit in an amount equal to the total value of that additional allocation directly to ratepayers. This section does not limit the acceptable uses, as specified in paragraph (3) of subdivision (d) of Section 95892 of Title 17 of the California Code of Regulations, of other allowances allocated to local publicly owned electric utilities. (b) A local publicly owned electric utility shall report to the State Air Resources Board on the uses of all revenues, including any accrued interest, received by that local publicly owned electric utility as a result of the direct allocation of greenhouse gas allowances to electric utilities pursuant to subdivision (b) of Section 95890 of Title 17 of the California Code of Regulations. (c) Notwithstanding Section 10231.5 of the Government Code, the State Air Resources Board shall annually submit a report to the Legislature on the uses of revenues specified in subdivision (b) in accordance with Section 9795 of the Government Code. (Added by Stats. 2025, Ch. 117, Sec. 14. (AB 1207) Effective September 19, 2025.)
  62. 748.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must annually allocate $50 million from specified gas corporation revenues to fund the BUILD Program and the TECH Initiative during the stated fiscal-year period.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 748.6. Beginning with the fiscal year commencing July 1, 2019, and ending with the fiscal year ending June 30, 2023, the commission shall annually allocate fifty million dollars ($50,000,000) of the revenues, including any accrued interest, received by a gas corporation as a result of the direct allocation of greenhouse gas emissions allowances provided to gas corporations as part of a market-based compliance mechanism adopted pursuant to subdivision (c) of Section 38562 of the Health and Safety Code to fund the Building Initiative for Low-Emissions Development (BUILD) Program (Article 12 (commencing with Section 921)) and the Technology and Equipment for Clean Heating (TECH) Initiative (Article 13 (commencing with Section 922)). (Amended by Stats. 2019, Ch. 497, Sec. 241. (AB 991) Effective January 1, 2020.)
  63. 749.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Public utilities must develop conservation and efficiency programs with local school districts to help reduce electricity and gas bills.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 749. Public utilities shall develop programs in cooperation with local school districts in reducing their electricity and gas bills through conservation and improvements in efficiency. Utilities may offer to school districts on a priority basis, and school districts may utilize, any programs or incentives for commercial customers developed by the utility and approved by the commission, including rebates, loan programs and incentives for the installation of efficient lighting, heating, or cooling systems. (Added by Stats. 1993, Ch. 1178, Sec. 5. Effective January 1, 1994.)
  64. 749.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must direct electrical and gas corporations to evaluate and report on discounted public school electric and gas rates, and then compile and submit those reports to the Legislature by January 1, 2020.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 749.5. (a) For the purposes of this section, “public school” means a public school, including a charter school, maintaining a kindergarten, or any of the grades 1 to 12, inclusive. (b) The commission shall, as part of its ratesetting process, direct each electrical and gas corporation to evaluate and report findings to the commission, by January 1, 2020, on the feasibility and economic impact of establishing public school electric and gas rates that would reflect a discount from the current rate structure. The report shall include, but not be limited to, the following: (1) Commercial rate increases in the past five years that affected public schools within the service territory of each electrical and gas corporation. (2) Economic impact to all ratepayers if all public schools within the service territory received a discount from the current rate structure. (3) The impact of planned modifications to the time intervals reflected in time-of-use rates and to rate design elements, as adopted by the commission and in the planning stages or proposed by electric and gas corporations. (4) The cost shifts that would occur, if any, and to which consumers the costs would shift, as a result of a discounted rate for public schools. (c) The commission shall compile the reports required in subdivision (b) and submit the compilation to the Legislature, on or before January 1, 2020, in compliance with the requirements of Section 9795 of the Government Code. (Added by Stats. 2018, Ch. 208, Sec. 2. (AB 2068) Effective January 1, 2019.)
  65. 750.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must develop formal procedures to consider safety in rate case applications by electrical or gas corporations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 750. The commission shall develop formal procedures to consider safety in a rate case application by an electrical corporation or gas corporation. The procedures shall include a means by which safety information acquired by the commission through monitoring, data tracking and analysis, accident investigations, and audits of an applicant’s safety programs may inform the commission’s consideration of the application. (Added by Stats. 2014, Ch. 552, Sec. 2. (SB 900) Effective January 1, 2015.)
  66. 7503.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Administration and Finance [7503 - 7508] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Directors of a railroad corporation may unanimously choose a person or corporation to serve as trustee for a deed of trust securing the railroad corporation’s debt instruments.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Administration and Finance [7503 - 7508] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 7503. Any person or any corporation formed under the laws of this State or of any other state within the United States that the directors of a railroad corporation may by unanimous concurrence select, may be trustees in any deed of trust securing bonds, debentures, notes, and evidences of indebtedness issued by such railroad corporation. (Amended by Stats. 1951, Ch. 1036.)
  67. 7505.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Administration and Finance [7503 - 7508] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Revenue from the specified passenger rail service must be used only for capital improvements and operating expenses for that same service, and related real property may not be pledged or mortgaged to fund capital improvements elsewhere on the line.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Administration and Finance [7503 - 7508] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 7505. (a) Revenue derived from passenger rail service on the Northwestern Pacific Railroad right-of-way south of Willits to Larkspur shall only be used for capital improvements to, and operating expenses of, the passenger rail service south of Willits to Larkspur. (b) Real property on which the Northwestern Pacific Railroad right-of-way south of Willits to Larkspur is located shall not be pledged or mortgaged to fund capital improvements on the right-of-way north of Willits. (Added by Stats. 1995, Ch. 212, Sec. 1. Effective January 1, 1996.)
  68. 7508.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Administration and Finance [7503 - 7508] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Railroad corporations and railroad owners may transfer railroad property and franchises to another railroad corporation, subject to the Corporations Code and Part 1 of Division 1.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Administration and Finance [7503 - 7508] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 7508. Subject to the provisions of Part 1 of Division 1 and of the Corporations Code, any railroad corporation, or person or corporation owning any railroad in this State, may sell, convey, and transfer its property and franchises, or any part thereof, to any other railroad corporation, whether organized under the laws of this State or of any other state or territory, or under any act of Congress. The railroad corporation receiving the conveyance may hold and operate the railroad franchises and property within this State, build and operate extensions and branches thereof, exercise the right of eminent domain for such purposes, and do any other business in connection therewith, as fully and effectually as if the corporation was organized under the laws of this State. (Amended by Stats. 1951, Ch. 1031.)
  69. 751.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must evaluate and, if certain federal tax changes materially affect authorized utility rates, adjust those rates to reflect the new projected expenses and tax liabilities.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 751. (a) This section applies only to those public utilities over which the commission exercises its authority to fix rates and only to the extent the revenue requirements of the utility were based upon the tax rates in effect at the time rates were fixed for the utility by the commission. This section does not limit the discretionary authority of the commission to adjust any incentives provided pursuant to any state supervised or administered program, including the state’s telecommunications universal service programs administered pursuant to Chapter 1.5 (commencing with Section 270). (b) The commission shall evaluate the full effect of the enactment of federal House Resolution 1 (Public Law 115-97) upon the expenses and tax liabilities incurred by public utilities for payment of federal taxes. If the commission determines that the projected expenses and tax liabilities for federal taxes that the commission has authorized in the rates for a public utility are materially affected by the enactment of federal House Resolution 1 (Public Law 115-97), the commission shall adjust the rates of the utility to reflect the changes in projected expenses and tax liabilities in light of the changes in federal law. This section does not limit the discretionary authority of the commission to determine the full effect of the changes in federal tax law on each utility’s cost of service, to utilize appropriate mechanisms at its disposal to track changes and adjust rates accordingly, and to allocate the impacts from changes in federal tax law over the period of time that results in the most reasonable allocation based on the particular circumstances of each utility. (Added by Stats. 2018, Ch. 411, Sec. 1. (SB 1028) Effective January 1, 2019.)
  70. 7526.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    This section gives railroad corporations several powers over surveys, land, construction, crossings, connections, and materials, and requires them to restore crossed property and cooperate with new railroad intersections.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 7526. Every railroad corporation has all of the following powers: (a) To make such examination and surveys as are necessary to the selection of the most advantageous route for the railroad. The officers, agents, and employees of the corporation may enter upon the lands or waters of any person, for this purpose, subject to liability for all damages which they do thereto. (b) To receive, hold, take, and convey, by deed or otherwise, as a natural person, such voluntary grants and donations of real estate and other property as are made to it to aid and encourage the construction, maintenance, and accommodation of the railroad. (c) To purchase, or by voluntary grants or donations to receive, enter, take possession of, hold, and use all such real estate and other property as is necessary for the construction and maintenance of such railroad, and for all stations, depots, and other purposes necessary to successfully work and conduct the business of the road. (d) To lay out its road, not exceeding 10 rods wide, and to construct and maintain it, with one or more tracks, and with such appendages and adjuncts as are necessary for the convenient use of the road. (e) To construct its roads across, along, or upon any stream of water, watercourse, roadstead, bay, navigable stream, street, avenue, or highway, or across any railway, canal, ditch, or flume which the route of its road intersects, crosses, or runs along, in such manner as to afford security for life and property. The corporation shall restore the stream or watercourse, road, street, avenue, highway, railroad, canal, ditch, or flume thus intersected to its former state of usefulness as near as may be, or so that the railroad does not unnecessarily impair its usefulness or injure its franchise. (f) To cross, intersect, join, or unite its railroad with any other railroad, either before or after construction, at any point upon its route, and upon the grounds of the other railroad corporation, with the necessary turnouts, sidings, and switches, and other conveniences in furtherance of the objects of its connections. Every corporation whose railroad is intersected by any new railroad shall unite with the owners of the new railroad in forming the intersections and connections, and grant facilities therefor. If the two corporations cannot agree upon the amount of compensation to be made therefor, or the points or the manner of the crossings, intersections, and connections, such matters shall be ascertained and determined as is provided in Part 1 (commencing with Section 201) of Division 1. (g) To acquire lands, timber, stone, gravel, or other materials to be used in the construction and maintenance of its road, and all necessary appendages and adjuncts. (h) To change the line of its road, in whole or in part, whenever a majority of the directors so determine, as provided in Section 7531, but the change shall not vary the general route of the road, as contemplated in its articles of incorporation. (Amended by Stats. 1975, Ch. 1240.)
  71. 7527.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Every railroad corporation has several listed powers, including carrying people and property, setting transportation arrangements, and buying or holding railroad-related property and securities.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 7527. Every railroad corporation also has all of the following powers: (a) To carry persons and property on its railroad, and to receive tolls or compensation therefor. (b) To erect and maintain all necessary and convenient buildings, stations, depots, fixtures, and machinery for the accommodation and use of its passengers, freight, and business. (c) To regulate the time and manner in which passengers and property shall be transported, and the tolls and compensation to be paid therefor within the limits prescribed by law and subject to alteration, change, or amendment by the Legislature at any time. (d) To regulate the force and speed of its locomotives, cars, trains, or other machinery used and employed on its roads. (e) To establish, execute, and enforce all needful and proper rules and regulations for the management of its business transactions usual and proper for railroad corporations. (f) To purchase, lease, or acquire the franchises, rights, and property, or any part thereof, of any railroad corporation, leasing or owning any railroad outside of the State, to operate it and use the franchises of any such road, and to build and operate extensions thereof. (g) To purchase, acquire, and hold the stocks, bonds, or other securities of any railroad corporation organized under the laws of this State or of any other state or territory, with full power to sell them. (Amended by Stats. 1951, Ch. 1028.)
  72. 7528.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Railroad operators may use steam, diesel, electricity, compressed air, or other suitable motive power to propel cars or trains on the railroad or any part of it.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 7528. Every person or corporation authorized to operate a railroad is authorized to use steam, diesel, electricity, compressed air, or any other suitable motive power, for the purpose of propelling cars or trains on the railroad or upon any portion thereof. (Amended by Stats. 1951, Ch. 1027.)
  73. 7529.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Railroad corporations meeting the stated location and organization requirements may contract with each other to lease railroads or share their use in common.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 7529. Railroad corporations doing business in this State and organized under any law of this State or the United States, or of any state or territory thereof, may enter into contracts with one another, whereby the one may lease of the other the whole or any part of its railroad, or may acquire of the other the right to use, in common with it, the whole or any part of its railroad. (Enacted by Stats. 1951, Ch. 764.)
  74. 7530.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Railroad corporations must prepare and file maps and profiles of their railroad and related county and land boundaries, and keep certified copies on file.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 7530. Every railroad corporation in this State shall, within a reasonable time after its road is finally located, make a map and profile thereof, and of the land acquired for the use thereof, and the boundaries of the several counties through which the road may run, and file it in the Office of the Secretary of State. Every railroad corporation shall file like maps of the parts of the railroad located in different counties in the office of the clerk of the county in which such parts of the road are, there to remain of record forever. The maps and profiles shall be certified by the chief engineer, the acting president, and the secretary of the company. Copies of the map and profiles, so certified and filed, shall be kept in the office of the secretary of the corporation, subject to examination by all parties interested. (Enacted by Stats. 1951, Ch. 764.)
  75. 7531.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Directors may change a railroad line’s location if it can be improved, file updated maps and profiles, and acquire the new line, but they must sell or give up the old-location lands within five years. A new location cannot be laid out to avoid points named in the articles of incorporation.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 7531. If, at any time after the location of the line of the railroad and the filing of the maps and profiles thereof, it appears that the location can be improved, the directors may alter or change the location of the line, and cause new maps and profiles to be filed, showing such changes, in the same offices where the originals are of file. The directors may proceed, in the same manner as the original location was acquired, to acquire and take possession of the new line, but shall sell or relinquish the lands owned by them for the original location, within five years after such change. No new location, as herein provided, shall be so run as to avoid any points named in their articles of incorporation. (Enacted by Stats. 1951, Ch. 764.)
  76. 7531.5.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    When an application to abandon a railroad line is filed with the Surface Transportation Board or the Public Utilities Commission, the Public Utilities Commission must send a copy to the Department of Transportation within 10 days.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 7531.5. Upon receipt by it of an application, filed with either the federal Surface Transportation Board or the Public Utilities Commission, to abandon a line of railroad, the Public Utilities Commission shall forward a copy of the application to the Department of Transportation within 10 days. (Amended by Stats. 1999, Ch. 1005, Sec. 89.4. Effective January 1, 2000.)
  77. 7533.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    A railroad corporation’s board may authorize an additional main line track after the original railroad is built, and the corporation may acquire needed rights of way and operate the new tracks with existing ones.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 7533. The board of directors of any railroad corporation may at any time after the original location and construction of its railroad, in order to provide better facilities for the public service, construct an additional main line track or tracks either adjacent to the located and operated line or otherwise, but always in whole or in part between the same termini. The railroad corporation may, without abandoning the original location, acquire such rights of way as are necessary for the additional track or tracks, with their appendages and adjuncts, of a similar width as provided in Section 7526 for the original location, either by purchase or condemnation, as therein provided, and may operate the additional tracks in conjunction with any tracks previously constructed, as additional facilities for the railroad system. Nothing herein supersedes or repeals any law relating to the regulation of railroad corporations by the commission, or any law requiring railroads to obtain franchises from the cities or counties through which the additional tracks may pass. (Enacted by Stats. 1951, Ch. 764.)
  78. 7535.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    When one railroad crosses another, the rail owners must cut and adjust the rails so trains can pass with as little obstruction as possible.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 7535. Whenever the track of one railroad intersects or crosses the track of another railroad, whether it is a street railroad, wholly within the limits of a city, or other railroad, the rails of either or each road shall be so cut and adjusted as to permit the passage of the cars on each road with as little obstruction as possible. If the persons or corporations owning the railroads cannot agree as to the compensation to be made for cutting and adjusting the rails, the condemnation of the right of way over the one for the use of the other road may be had in proceedings under Title 7, Part 3 of the Code of Civil Procedure, and damages assessed and the right of way granted as in other cases. (Enacted by Stats. 1951, Ch. 764.)
  79. 7536.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    If a railroad crossing or road change requires it, the corporation may take the extra land and materials needed for the new line.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 7536. Whenever the track of a railroad crosses another railroad or a highway, such railroad or highway may be carried under, over, or on a level with the track, as is most expedient. Where an embankment or cutting necessitates a change in the line of such railroad or highway, the corporation may take such additional lands and material as are necessary for the construction of the road or highway on the new line. If the necessary lands cannot be had otherwise, they may be condemned as provided in Title 7, Part 3 of the Code of Civil Procedure, and when compensation is made therefor the lands become the property of the corporation. (Enacted by Stats. 1951, Ch. 764.)
  80. 7537.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Landowners along a railroad may have reasonably necessary farm or private crossings, the railroad must build and keep them safe, and the commission decides necessity, details, and cost.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 7537. The owner of any lands along or through which any railroad is constructed or maintained, may have such farm or private crossings over the railroad and railroad right of way as are reasonably necessary or convenient for ingress to or egress from such lands, or in order to connect such lands with other adjacent lands of the owner. The owner or operator of the railroad shall construct and at all times maintain such farm or private crossing in a good, safe, and passable condition. The commission shall have the authority to determine the necessity for any crossing and the place, manner, and conditions under which the crossing shall be constructed and maintained, and shall fix and assess the cost and expense thereof. (Enacted by Stats. 1951, Ch. 764.)
  81. 7538.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    Drivers must stop, look, and listen at certain railroad grade crossings, and keep the vehicle stopped while a train or similar equipment is approaching.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Powers and Duties [7526 - 7538] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 7538. At every farm or private grade crossing of a railroad where no automatic grade crossing protective device is in place there shall be installed, as a means of protecting the crossing, one or more stop signs of the type described in Section 21400 of the Vehicle Code or of such other design as the commission may prescribe unless, after a hearing, the commission shall find that the installation of such sign or signs at a particular crossing would create a hazard or dangerous condition that would not otherwise exist. At any grade crossing where stop signs are installed or in place, before traversing such crossing the driver of any vehicle shall stop such vehicle not less than 10 nor more than 50 feet from the nearest rail of the track and while so stopped shall listen, and look in both directions along the track, for any approaching train or other equipment using such rails. The vehicle shall remain standing while any train or other equipment using such rails is approaching the crossing and is close enough to constitute a hazard. A driver of any vehicle who fails to keep his vehicle standing while any train or equipment using such rails is approaching the crossing and which is so close as to constitute a hazard is guilty of a misdemeanor. (Amended by Stats. 1968, Ch. 351.)
  82. 755.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    An electrical, gas, or water corporation may offer card bill payment options if approved by the commission, and may recover reasonable transaction costs only from customers who use those options.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 755. (a) It is the intent of the Legislature that: (1) An electrical, gas, or water corporation that offers customers credit card or debit card payment options, may recover the reasonable expenses incurred by the electrical, gas, or water corporation for providing the customers the option of paying their bills by credit card or debit card. (2) Only the customers that choose to use these payment options incur the additional charge and that no portion of the expense is shifted to customers that do not choose to pay a bill by credit card or debit card, unless and until the commission determines that the savings to ratepayers exceeds the net cost of accepting those cards. (3) The acceptance of credit cards or debit cards neither increases nor decreases the profitability of the electrical, gas, or water corporation. (b) An electrical, gas, or water corporation may offer credit card and debit card bill payment options, if approved by the commission. The electrical, gas, or water corporation may recover reasonable transaction costs incurred by the electrical, gas, or water corporation only from those customers that choose to pay by those payment options. (c) The commission shall determine through existing regulatory mechanisms the reasonableness of transaction costs charged to customers that choose to pay an electrical, gas, or water corporation by a credit card or debit card bill payment option pursuant to this section. The commission shall determine how any associated costs or potential savings as a result of those customers paying by the credit card or debit card payment option shall be passed on to electrical, gas, or water corporation customers. In determining how these savings or costs are passed on to customers, the commission shall do the following: (1) The transaction costs that are passed on to customers pursuant to subdivision (b) shall be offset by any savings in transaction costs the electrical, gas, or water corporation derives as a result of those customers paying by credit card and debit card. (2) If the commission determines that the use of credit cards and debit cards results in no net cost to the electrical, gas, or water corporation, there shall be no individual customer transaction fee as provided for in subdivision (b). (3) If the commission determines that the savings to the electrical, gas, or water corporation exceeds the costs to the electrical, gas, or water corporation, the net savings shall be passed on to electrical, gas, or water corporation customers. (Added by Stats. 2005, Ch. 426, Sec. 2. Effective January 1, 2006.)
  83. 755.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

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    The commission must let certain large water corporations recover reasonable bill-payment-option expenses, and it may not require them to charge customers a transaction fee.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 755.5. (a) Notwithstanding Section 755, the commission shall allow a water corporation with 10,000 or more service connections to recover the reasonable expenses incurred by the water corporation in providing to its customers bill payment options, including credit card, debit card, and prepaid card bill payment options, and shall not require the water corporation to impose a transaction fee on its customers. (b) The costs of the bill payment options undertaken pursuant to subdivision (a) shall not be recovered from customers participating in a water rate relief program for low-income ratepayers established pursuant to Section 739.8. (c) The commission shall ensure that accepting bill payment options pursuant to subdivision (a) neither increases nor decreases the rate of return of the water corporation. (Amended by Stats. 2021, Ch. 269, Sec. 1. (AB 1058) Effective January 1, 2022.)
  84. 7551.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    Railroad corporations are granted a right of way over certain unused state public lands for necessary works, subject to a 200-foot width cap and a city-area exclusion.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 7551. Every railroad corporation is granted the right of way for the location, construction, and maintenance of its necessary works, and for every necessary adjunct thereto, over any swamp, overflowed, or other public lands of the State not otherwise disposed of or in use, not in any case exceeding in length or width that which is necessary for the construction of such works and adjuncts, or for the protection thereof, and in no case to exceed 200 feet in width. These grants do not apply to public lands of the State within the corporate limits of cities, or within three miles thereof. (Enacted by Stats. 1951, Ch. 764.)
  85. 7551.1.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The Secretary of Transportation may grant certain railroad corporations rights-of-way over unused state highway property, subject to necessity and a maximum width of 200 feet.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 7551.1. The Secretary of Transportation may grant to every railroad corporation whose primary business is the transportation of passengers the rights-of-way for the location, construction, and maintenance of its necessary works and for every necessary adjunct thereto over any portion of highway owned by the State of California which is not otherwise disposed of or in use, not in any case exceeding in length or width that which is necessary for the construction of works and adjuncts, or for the protection thereof, and in no case to exceed 200 feet in width. (Amended by Stats. 2013, Ch. 352, Sec. 496. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  86. 7551.3.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The Secretary of Transportation must develop recommended procedures and guidelines for valuing railroad rights-of-way and send them to the Legislature and Governor by March 1, 1994.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 7551.3. (a) To ensure that a fair and reasonable price is paid for public acquisition of railroad rights-of-way, it is the intent of the Legislature to have railroad rights-of-way valuation procedures and guidelines developed and adopted for use when state and federal funds are expended. (b) The Secretary of Transportation in collaboration with other public agencies and within existing resources, shall develop recommended procedures and guidelines for valuation of railroad rights-of-way. (c) The recommended procedures and guidelines shall be transmitted to the Legislature and Governor on or before March 1, 1994. (Amended by Stats. 2013, Ch. 352, Sec. 497. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  87. 7552.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    Railroad corporations may take certain state-owned materials near their works for construction, but usually must first agree to reimburse the state; if the taking is for reopening a rail line after an unexpected closure, the agreement can come later.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 7552. (a) Every railroad corporation is granted the right, subject to subdivision (b), to take from any of the lands belonging to the state, adjacent to the works of the corporation, all materials, such as wood, stone, and earth, naturally appurtenant thereto, which may be necessary and convenient for the construction of its works and adjuncts. (b) Except as specified in subdivision (c), before a railroad corporation may take the materials specified in subdivision (a), the railroad corporation shall enter into an agreement with the Department of General Services to reimburse the state for the full value of the removed materials. The agreement shall contain a provision requiring the railroad corporation to return the land and timber to the natural state which existed prior to the removal of the materials, to the extent it is reasonable to do so, if the Department of General Services determines that requirement to be appropriate. (c) A railroad corporation may take the materials specified in subdivision (a) without previously entering into the agreement specified in subdivision (b) if the railroad takes these materials for the purpose of reopening a rail line which was closed due to an unforseeable or unexpected event. However, within 30 days after reopening the rail line, the railroad corporation shall enter into an agreement with the Department of General Services to reimburse the state for the full value of the removed materials. (Amended by Stats. 1983, Ch. 325, Sec. 1.)
  88. 7553.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    A railroad-related corporation’s secretary must send a verified plat to specified state and county officials when land is selected for a right of way or related railroad use. If the State Lands Commission approves, it must endorse the plat and issue a permit unless a court review stops the use.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 7553. When any selection of a right of way, or land for an adjunct to the works of a railroad corporation, is made by any corporation, the secretary thereof shall transmit to the State Lands Commission, the State Controller, and the recorder of the county in which the selected lands are situate, a plat of the lands so selected, giving the extent thereof and uses for which the lands are claimed or desired, duly verified to be correct. If approved, the State Lands Commission shall so endorse the plat, and issue to the corporation a permit to use the lands, unless, on petition properly presented to the court, a review is had and such use prohibited. (Enacted by Stats. 1951, Ch. 764.)
  89. 7554.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    If a corporation that received state lands is dissolved, discontinued, or stops using the land as described, the selected lands revert to the State or its grantees.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 7554. If any corporation receiving state lands or appurtenances thereunder is dissolved, ceases to exist, is discontinued, or the route or line of its works is so changed as not to cover or cross the lands selected, or the use of the lands selected is abandoned, the selected lands revert, and the title is reinvested in the State or its grantees, free from all such uses. (Enacted by Stats. 1951, Ch. 764.)
  90. 7555.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A railroad corporation may not use city or county streets, alleys, highways, or certain city/county land unless the city or county governing body votes to թույլ it.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 7555. No railroad corporation may use any street, alley, or highway, or any of the land, whether covered by water or otherwise, owned by any city or county, unless the right to do so is granted by a vote of the governing body of the city or county. If any railroad corporation operating within a city or county applies to the governing body of the city or county for a franchise or permit to cross any such street, alley, or highway, with main, branch, side, switching, or spur trackage, the governing body of the city or county, within a reasonable time, shall hold a public hearing upon the application after reasonable notice to the applicant and to the public and shall thereafter grant the franchise or permit applied for upon reasonable terms and conditions unless such governing body reasonably finds that the grant of the franchise or permit would be detrimental to the public interest of the city or county. Nothing in this section imposes any duty upon or limits the authority of, any city organized and existing pursuant to a freeholder’s charter, or any officer thereof. (Amended by Stats. 1974, Ch. 767.)
  91. 7556.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Local governing bodies may grant railroad franchises for elevated or underground tracks, subject to local rules, terms, license tax, and a petition requirement.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 7556. The governing body of a county, city and county, or city, under such regulations, restrictions, and limitations, and upon such terms and payment of license tax as the county, city and county, or city may provide, may grant franchises to railroad corporations for the construction of elevated or underground railroad tracks over, across, or under the streets and public highways of any such county, city and county, or city, for a term not exceeding 50 years. Before granting such franchise there shall be presented to the governing body a petition signed by the owners of a majority of the landed property, other than public property, on the line of the elevated portion applied for. (Enacted by Stats. 1951, Ch. 764.)
  92. 7556.1.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A county, city and county, or city governing body may grant franchises for elevated or underground railroad tracks for passenger-transport railroad corporations, subject to local regulations, restrictions, terms, and a license tax.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 7556.1. Notwithstanding Section 7556, to railroad corporations whose primary business is the transportation of passengers, the governing body of a county, city and county, or city under regulations, restrictions, and limitations, and upon terms and payment of a license tax as the county, city and county, or city may provide, may grant franchises for the construction of elevated or underground railroad tracks over, across, or under the public streets and highways of the county, city and county, or city. (Added by Stats. 1982, Ch. 1553, Sec. 6.)
  93. 7557.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A plaintiff may require railroad or street railroad tracks to be relocated or removed through eminent domain when the tracks are on certain property, and the complaint must include a description and map of the tracks’ current and proposed locations.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Rights of Way and Franchises [7551 - 7557] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 7557. Where any railroad or street railroad tracks are located on property that a public entity is authorized to acquire by eminent domain for road, highway, boulevard, street, or alley purposes or on property that a city, county, or municipal water district is authorized to acquire by eminent domain for the right-of-way of a public utility that it will construct, complete, and maintain, the plaintiff may require the relocation or removal of such tracks by exercise of the power of eminent domain. In such case, the complaint shall contain a description and map of the location and proposed location of such tracks. (Added by Stats. 1975, Ch. 1240.)
  94. 7576.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Conditional Sale of Railroad Equipment [7576 - 7578] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A contract for the sale of railroad or street railway equipment or rolling stock may validly provide that title stays with the seller until full payment, or that the seller keeps a lien for unpaid purchase money.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Conditional Sale of Railroad Equipment [7576 - 7578] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 7576. In any contract for the sale of railroad or street railway equipment or rolling stock, it is lawful to agree that title to the property sold or contracted to be sold, although possession thereof may be delivered immediately or at any time or times subsequently, shall not vest in the purchaser until the purchase price is fully paid, or that the seller shall have and retain a lien thereon for the unpaid purchase money. (Enacted by Stats. 1951, Ch. 764.)
  95. 7577.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Conditional Sale of Railroad Equipment [7576 - 7578] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Lease or hire contracts for railroad or street railway equipment may provide for a conditional sale at the end of the contract, treat payments as purchase money, and delay title transfer until full payment and full performance.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Conditional Sale of Railroad Equipment [7576 - 7578] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 7577. In any contract for the leasing or hiring of railroad or street railway equipment or rolling stock, it is lawful to stipulate for a conditioned sale thereof at the termination of the contract, and that the rentals or amounts to be received under the contract may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or bailee until the purchase price has been paid in full and until the terms of the contract have been fully performed, notwithstanding delivery to and possession by the lessee or bailee. (Enacted by Stats. 1951, Ch. 764.)
  96. 7578.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Conditional Sale of Railroad Equipment [7576 - 7578] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A covered contract is not valid against later judgment creditors or bona fide purchasers unless the contract is properly executed and acknowledged or proved, and the railroad equipment is plainly marked with the seller’s, lessor’s, or bailor’s name and role.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Conditional Sale of Railroad Equipment [7576 - 7578] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 7578. No contract of the type provided for in this article shall be valid as against any subsequent judgment creditor or any subsequent bona fide purchaser for value and without notice, unless all of the following conditions are met: (a) The contract is evidenced by an instrument executed by the parties and duly acknowledged by the vendee, lessee, or bailee, as the case may be, or duly proved before some person authorized by law to take acknowledgments of deeds, and in the same manner as deeds are acknowledged or proved. (b) Each car or locomotive engine so sold, leased, or hired, or contracted to be sold, leased, or hired has the name of the vendor, lessor, or bailor plainly marked in letters not less than one inch in size on each side thereof, followed by the word “owner,” or “lessor,” or “bailor,” as the case may be. (Amended by Stats. 1998, Ch. 829, Sec. 49. Effective January 1, 1999.)
  97. 758.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission must let an electrical corporation recover certain assessed amounts in rates, and must credit refunded moneys from the Nuclear Planning Assessment Special Account to ratepayers.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Rates [727 - 758] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 758. (a) The commission shall allow an electrical corporation to recover in rates amounts assessed to the utility pursuant to Section 8610.5 of the Government Code. (b) The commission shall ensure that any moneys refunded to an electrical corporation from the Nuclear Planning Assessment Special Account pursuant to subdivision (h) of Section 8610.5 of the Government Code are credited to ratepayers. (Added by Stats. 2007, Ch. 492, Sec. 2. Effective January 1, 2008.)
  98. 7601.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Railroad carriers operating in the state must put a signboard with each derailing switch or other derailing device on passing track sidings, unless Section 7602 provides otherwise.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7601. Except as provided in Section 7602 every common carrier by railroad operating within this State shall maintain, on what is known as passing track sidings, a signboard in connection with each derailing switch or other derailing device, whether the derailer is operated where located or from a distance. The signboard shall be placed within 100 feet of the derailer and shall be constructed in either of two forms, viz: board five feet high and 10 inches wide, or sign constructed of two parts, one of which is an upright and the other a transverse board, the upright to be of sufficient height to securely fasten at the top thereof the transverse board, which shall be not less than two feet three inches long and seven inches wide and placed in such a manner that the upper side of the transverse board is not less than four feet above the ties. The board shall have painted thereon the word “derail” in large black letters on a white background. The commission shall enforce this section. (Enacted by Stats. 1951, Ch. 764.)
  99. 7602.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Section 7601 does not apply to certain privately owned tracks used for private purposes, and it also does not apply to placing signboards where track conditions make placement impossible.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7602. Section 7601 does not apply to any track, siding, spur, or other track owned by private persons for their own use, except when the track, siding, spur, or other track is operated regularly in connection with the line of a common carrier for certain periods, in which case Section 7601 does apply. Section 7601 does not apply to the placing of signboards in places where physical conditions of track will not permit. (Enacted by Stats. 1951, Ch. 764.)
  100. 7603.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Violating Sections 7601 or 7602, or failing to provide the required signboard at a derailing switch or other derailing device, is a misdemeanor punishable by a fine of $25 to $500 for each offense.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7603. Any corporation, company, or person, or any officer, superintendent, manager, or other agent thereof, who violates any of the provisions of Sections 7601 or 7602, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars ($25), nor more than five hundred dollars ($500) for each offense. Any failure, refusal, or neglect to provide any such signboard at any derailing switch or other derailing device constitutes a separate offense. (Enacted by Stats. 1951, Ch. 764.)
  101. 7604.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Railroad corporations must sound an audible warning device at public and other covered rail crossings, may not sound it in quiet zones, and face a $2,500 penalty per violation plus possible damages.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7604. (a) (1) Except as provided in paragraph (3), a bell, siren, horn, whistle, or similar audible warning device shall be sounded at any public crossing in accordance with Section 222.21 of Title 49 of the Code of Federal Regulations. (2) Except as provided in paragraph (3), a bell, siren, horn, whistle, or similar audible warning device shall be sounded, consistent with paragraph (1), at all rail crossings not subject to the requirements of Subpart B (commencing with Section 222.21) of Part 222 of Title 49 of the Code of Federal Regulations. (3) A bell, siren, horn, whistle, or similar audible warning device shall not be sounded in those areas established as quiet zones pursuant to Subpart C (commencing with Section 222.33) of Part 222 of Title 49 of the Code of Federal Regulations. (4) This section does not restrict the use of a bell, siren, horn, whistle, or similar audible warning device during an emergency or other situation authorized in Section 222.23 of Title 49 of the Code of Federal Regulations. (b) Any railroad corporation violating this section shall be subject to a penalty of two thousand five hundred dollars ($2,500) for every violation. The penalty may be recovered in an action prosecuted by the district attorney of the proper county, for the use of the state. The corporation is also liable for all damages sustained by any person, and caused by its locomotives, train, or cars, when the provisions of this section are not complied with. (Amended by Stats. 2006, Ch. 885, Sec. 3. Effective September 30, 2006.)
  102. 7605.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Railroad operators using steam locomotives in this state must equip those locomotives with a bell ringer apparatus that automatically rings the bell and can be operated from either side of the cab.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7605. Every railroad corporation, or receiver or lessee thereof, operating any line of railroad in this State by steam locomotives, shall equip all steam locomotives used or to be used in the hauling or propelling of trains over the railroad with a bell ringer apparatus or device which, when set in operation, will ring and continue to ring the locomotive bell automatically, and which is so constructed that it may be set in operation from either or both sides of the locomotive cab. Any railroad company, receiver or lessee thereof, operating any line of railroad within this State by steam locomotives, violating this section shall be punished by a fine of not less than one hundred dollars ($100) or more than one thousand dollars ($1,000) for each offense. (Enacted by Stats. 1951, Ch. 764.)
  103. 7606.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Steam locomotives used on railroads in this state that carry passengers or freight for hire must have one or more solid water glasses of the specified type and size.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7606. Every steam locomotive used upon a railroad in this State, carrying passengers or freight for hire, shall be equipped with one or more water glasses of the type known as the “solid water glass,” the same being a solid piece of glass with open flutings at the back thereof, which flutings will permit the raising and falling of water in the boiler of the locomotive to be plainly visible from each side of the cab without the use of a reflector. The glass shall not be less than seven inches in length and one and one-quarter inches in width, and five-eighths of an inch in thickness. Any person, firm, or corporation operating any such steam locomotive which is not equipped with one or more water glasses as described in this section is guilty of a misdemeanor. (Enacted by Stats. 1951, Ch. 764.)
  104. 7607.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Railroad operators must equip locomotives used in train transportation with headlights meeting a visibility standard, unless a stated exception applies.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7607. Every railroad corporation, or receiver or lessee thereof, operating any line of railroad in this State, shall equip all locomotive engines used in the transportation of trains over the railroad with electric or other headlights which will project sufficient light to enable the locomotive engineer to observe clearly a dark object the size of an average man, at a distance of not less than 800 feet on a dark, clear night while his train is running at a rate of speed not less than 30 miles per hour. This section shall not apply to locomotive engines regularly used in the switching of cars or trains or used exclusively between sun up and sun down, or going to or from repair shops when ordered in for repairs, nor to locomotive engines used on short lines or local lines where in the judgment of the commission, the headlight required by this section is not necessary for the preservation of public safety. Any railroad company, or receiver or lessee thereof, who violates this section, is liable to the State for a penalty of not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000), for each offense. Suit shall be brought to recover the penalty in a court of competent jurisdiction, in the name of the people of the State of California, by the Attorney General or by the district attorney of any county in or through which the railroad is operated. (Enacted by Stats. 1951, Ch. 764.)
  105. 7608.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Railroad companies operating trains in this state must provide first aid kits on each train or light engine, and the train employee in charge must report when a kit is opened.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7608. Every railroad company, or the receiver or receivers of any railroad, operating trains within this state, shall provide a first aid kit containing written instructions for the use of its contents, on each train or light engine, however propelled, for first aid to persons who may be injured in the course of the operation of the train. The contents of every first aid kit shall be prescribed or approved by the Public Utilities Commission. The employee of the railroad in charge of the train or engine, however propelled, shall report to the office designated by the company whenever any first aid kit has been opened for use. Any railroad company, or the receiver or receivers, or employee of a railroad company, who fails to comply with this section is liable to a penalty of not less than five dollars ($5) nor more than twenty-five dollars ($25), and each day’s violation shall constitute a separate offense, except that the railroad company, or receiver or receivers, shall be allowed not to exceed three days without penalty to replace any item after the use of the item has been reported by the employees in charge of the train or engine, however propelled. (Amended by Stats. 1965, Ch. 1322.)
  106. 7609.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Railroad companies and their receivers operating trains in California must keep an emergency first-aid kit on each caboose, locomotive, motor, or diesel engine, and may use it only for first aid to injured people.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7609. Every railroad company, or the receiver or receivers thereof, operating trains in whole or in part within this State, shall provide an emergency first-aid kit on each caboose, locomotive, motor or diesel engine. The emergency first-aid kit shall be used only to render first medical or surgical aid to injured passengers, employees, or other injured persons requiring such aid at the first possible moment. (Added by Stats. 1951, Ch. 561.)
  107. 761.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    If the commission finds a public utility’s practices, equipment, facilities, service, or methods are unsatisfactory after a hearing, it can order changes and set rules. A public utility must provide the service or commodity covered by those rules when properly demanded and rates are tendered.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 761. Whenever the commission, after a hearing, finds that the rules, practices, equipment, appliances, facilities, or service of any public utility, or the methods of manufacture, distribution, transmission, storage, or supply employed by it, are unjust, unreasonable, unsafe, improper, inadequate, or insufficient, the commission shall determine and, by order or rule, fix the rules, practices, equipment, appliances, facilities, service, or methods to be observed, furnished, constructed, enforced, or employed. The commission shall prescribe rules for the performance of any service or the furnishing of any commodity of the character furnished or supplied by any public utility, and, on proper demand and tender of rates, such public utility shall furnish such commodity or render such service within the time and upon the conditions provided in such rules. (Enacted by Stats. 1951, Ch. 764.)
  108. 761.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission must set and enforce maintenance and operation standards for certain electricity generation and storage facilities, and several operators must report outages, maintenance, and operational status to the commission or the Independent System Operator.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 761.3. (a) Notwithstanding subdivision (g) of Section 216 and subdivision (c) of Section 218.5, the commission shall implement and enforce standards for the maintenance and operation of facilities for the generation and storage of electricity owned by an electrical corporation or located in the state to ensure their reliable operation. The commission shall enforce the protocols for the scheduling of powerplant outages of the Independent System Operator. (b) This section does not authorize the commission to establish rates for wholesale sales in interstate commerce from those facilities, or to approve the sale or transfer of control of facilities if an exempt wholesale generator, as defined in the federal Public Utility Holding Company Act of 2005 (42 U.S.C. Sec. 16451(6)). (c) (1) (A) Except as otherwise provided in this subdivision, this section does not apply to nuclear powered generating facilities that are federally regulated and subject to standards developed by the Nuclear Regulatory Commission and that participate as members of the Institute of Nuclear Power Operations. (B) The owner or operator of a nuclear powered generating facility shall file with the commission an annual schedule of maintenance, including repairs and upgrades, updated quarterly, for each generating facility. The owner or operator of a nuclear powered generating facility shall make good faith efforts to conduct its maintenance in compliance with its filed plan and shall report to the Independent System Operator any significant variations from its filed plan. (C) The owner or operator of a nuclear powered generating facility shall report on a monthly basis to the commission all actual planned and unplanned outages of each facility during the preceding month. The owner or operator of a nuclear powered generating facility shall report on a daily basis to the Independent System Operator the daily operational status and availability of each facility. (2) (A) Except as otherwise provided in this subdivision, this section does not apply to a qualifying small power production facility or a qualifying cogeneration facility within the meaning of Sections 201 and 210 of Title 11 of the federal Public Utility Regulatory Policies Act of 1978 (16 U.S.C. Secs. 796(17), 796(18), and 824a-3), and the regulations adopted pursuant to those sections by the Federal Energy Regulatory Commission (18 C.F.R. Secs. 292.101 to 292.602, inclusive), nor does this section apply to other generation units installed, operated, and maintained at a customer site exclusively to serve that customer’s load. (B) An electrical corporation that has a contract with a qualifying small power production facility, or a qualifying cogeneration facility, with a name plate rating of 10 megawatts or greater, shall report to the commission maintenance schedules for each facility, including all actual planned and unplanned outages of the facility and the daily operational status and availability of the facility. Each facility with a name plate rating of 10 megawatts or greater shall be responsible for directly reporting to the Independent System Operator maintenance schedules for each facility, including all actual planned and unplanned outages of the facility and the daily operational status and availability of the facility, if that information is not provided to the electrical corporation pursuant to a contract. (d) This section shall not result in the modification, delay, or abrogation of any deadline, standard, rule, or regulation adopted by a federal, state, or local agency for the purposes of protecting public health or the environment, including, but not limited to, any requirements imposed by the State Air Resources Board or by an air pollution control district or an air quality management district pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code. The Independent System Operator shall consult with the State Air Resources Board and the appropriate local air pollution control districts and air quality management districts to coordinate scheduled outages to provide for compliance with those retrofits. (e) The Independent System Operator shall maintain records of generation and storage facility outages and shall provide those records to the commission on a daily basis. Each entity that owns or operates an electric generating unit in California with a rated maximum capacity of 10 megawatts or greater shall provide a monthly report to the Independent System Operator that identifies any periods during the preceding month when the unit was unavailable to produce electricity or was available only at reduced capacity. The report shall identify the reasons for any such unscheduled unavailability or reduced capacity. The Independent System Operator shall immediately transmit the information to the commission. (f) This section does not apply to any of the following: (1) A facility owned by a local publicly owned electric utility. (2) A public agency that may generate electricity incidental to the provision of water or wastewater treatment. (3) A facility owned by a city and county operating as a public utility, furnishing electric service as provided in Section 10001. (g) (1) In order to ensure the safety of employees, emergency responders, and surrounding communities, each battery energy storage facility located in the state and subject to subdivision (a) shall have an emergency response and emergency action plan that covers the premises of the battery energy storage facility, consistent with Sections 142.3 and 6401 of the Labor Code and any related regulations, including the regulatory requirements applicable to emergency action plans pursuant to Section 3220 of Title 8 of the California Code of Regulations. (2) The emergency response and emergency action plan shall do all of the following: (A) Establish response procedures for an equipment malfunction or failure. (B) Include procedures that provide for the safety of surrounding residents, neighboring properties, emergency responders, and the environment. These procedures shall be established in consultation with local emergency management agencies. (C) Establish notification and communication procedures between the battery energy storage facility and local emergency management agencies. (3) The emergency response and emergency action plan may do all of the following: (A) Consider responses to potential offsite impacts, including, but not limited to, poor air quality, threats to municipal water supplies, water runoff, and threats to natural waterways. (B) Include procedures for the local emergency response agency to establish shelter-in-place orders and road closure notifications when appropriate. (4) In developing the emergency response and emergency action plan, the owner or operator of the battery energy storage facility shall coordinate with local emergency management agencies, unified program agencies, and local first response agencies. (5) The owner or operator of each battery energy storage facility shall submit the emergency response and emergency action plan to the county and, if applicable, the city where the facility is located. (Amended by Stats. 2023, Ch. 377, Sec. 1. (SB 38) Effective January 1, 2024.)
  109. 761.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission must authorize certain utilities to join a centralized credit check system when it is cost-effective, and participating utilities have limits on how they may use and share customer information.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 761.5. (a) Where the commission determines that it would be cost-effective, the commission shall authorize electrical and gas corporations to participate in a centralized credit check system to share information on customers; and the electrical and gas corporations may also share information on customers with telephone corporations and publicly owned public utilities. No public utility which participates in the centralized credit check system shall utilize any information obtained through the database for its internal marketing purposes. A public utility may release pertinent information to a collection agency for the purpose of collecting an outstanding bill, but shall not otherwise release, transfer, or sell any information obtained through the centralized credit check system. (b) Every electrical and gas corporation which participates in a centralized credit check system is subject to the Consumer Credit Reporting Agencies Act (Title 1.6 (commencing with Section 1785.1) of Part 4 of Division 3 of the Civil Code) and the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.). (Added by Stats. 1989, Ch. 1066, Sec. 2.5.)
  110. 7610.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Certain railroad employees must report in writing, as soon as possible, when an emergency first-aid kit has been used or is missing.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7610. The employee of any railroad company, or the receiver or receivers thereof, having charge of any passenger train, caboose, locomotive, motor or diesel engine shall report in writing as soon as possible to the office or officer designated by the company or receiver for such purpose, whenever any emergency first-aid kit has been used or has been found missing. (Added by Stats. 1951, Ch. 561.)
  111. 7611.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Certain railroad-related persons may not remove, carry away, or use an emergency first-aid kit except to give first aid for an injury, and a violation is a misdemeanor with a minimum $50 fine.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7611. Any person or any employee of any railroad company, or the receiver or receivers thereof, who removes, carries away from its proper place, or uses any emergency first-aid kit, except for the purpose of administering first aid in the event of injury to any passenger, employee, or other person, is guilty of a misdemeanor, and is punishable by a fine of not less than fifty dollars ($50). (Amended by Stats. 1983, Ch. 1092, Sec. 359. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  112. 7612.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Railroads using rail track motor cars to transport employees must equip the cars with specific safety devices.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7612. It shall be unlawful for any owner or operator of a railroad running through or within the boundaries of the State of California and engaged in the business of common carrier to operate for or transport its employees in a rail track motor car which is not equipped with a transparent windshield sufficient in width and height to reasonably protect said employees, which said windshield shall be of plastic or safety glass and such car shall also be equipped with an electric headlamp of sufficient candle power as to render visible at a distance of 300 feet in advance of such car under ordinary atmospheric conditions, any obstruction, landmark, warning sign or grade crossing on such railroad, and said car shall also be equipped with at least one electric light on the rear end thereof with sufficient candle power as to be visible at a distance of 300 feet under ordinary atmospheric conditions, and such car shall also be equipped with a suitable device that will remove rain, snow and sleet from the windshield on such car. The head and rear lights provided for in this section shall only be required in the hours between one-half hour before sunset and one-half hour after sunrise. (Added by Stats. 1953, Ch. 1340.)
  113. 7613.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Railroad owners or operators that use or provide under-equipped rail track motor cars after July 1, 1954, commit a misdemeanor, unless the Public Utilities Commission grants additional time.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7613. On and after July 1, 1954, any owner or operator of a railroad running through or within this State as a common carrier of persons or property or both, for compensation, which either operates for its employees, or which furnishes to its employees for their transportation to or from the place or places where they are required to labor, a rail track motor car that has not been fully equipped as required by Section 7612 of this code, shall be guilty of a misdemeanor; provided, that any common carrier that has not been able to equip its railroad track motor cars as required by the provisions of said section on or before July 1, 1954, may apply to the Public Utilities Commission for additional time. Upon good cause shown, the Public Utilities Commission is hereby authorized to grant additional time by order to any owner or operator of a common carrier by railroad in which to equip such cars, not to exceed one year from July 1, 1954. When such an order has been granted by said Public Utilities Commission to such carrier, the provisions of this section penalizing such rail carrier which has not so equipped its cars shall not be applicable during the period granted to it. (Added by Stats. 1953, Ch. 1340.)
  114. 7614.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Railroad owners or operators covered by this section must not use cabooses to carry the public or employees unless the caboose has flush-type toilets or chemical toilets approved by the commission.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Railroad Equipment [7601 - 7614] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 7614. It shall be unlawful for any owner or operator of a railroad running through or within the boundaries of the State of California and engaged in the business of common carrier to operate for or transport the public or its employees in a caboose which is not provided with flush-type toilet facilities, or chemical type toilet facilities approved by the commission. (Added by Stats. 1957, Ch. 1774.)
  115. 762.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission may require public utilities to make specified repairs, improvements, changes, or new structures, and it can set timing, site, and cost-sharing details.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 762. Whenever the commission, after a hearing, finds that additions, extensions, repairs, or improvements to, or changes in, the existing plant, equipment, apparatus, facilities, or other physical property of any public utility or of any two or more public utilities ought reasonably to be made, or that new structures should be erected, to promote the security or convenience of its employees or the public, or in any other way to secure adequate service or facilities, the commission shall make and serve an order directing that such additions, extensions, repairs, improvements, or changes be made or such structures be erected in the manner and within the time specified in the order. If the commission orders the erection of a new structure, it may also fix the site thereof. If the order requires joint action by two or more public utilities, the commission shall so notify them and shall fix a reasonable time within which they may agree upon the portion or division of the cost which each shall bear. If at the expiration of such time the public utilities fail to file with the commission a statement that an agreement has been made for a division or apportionment of the cost, the commission may, after further hearing, make an order fixing the proportion of such cost to be borne by each public utility and the manner in which payment shall be made or secured. (Enacted by Stats. 1951, Ch. 764.)
  116. 762.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    When the commission makes an order on structure location under Section 762, it must consider specified factors and include findings on them.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 762.5. The commission, as a basis for making any order pursuant to the provisions of Section 762 relating to location of structures, shall give consideration to, and include in its order findings upon, the following factors: (a) Community values. (b) Recreational and park areas. (c) Historical and aesthetic values. (d) Influence on environment, except that in the case of any structure located in another state which will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (Chapter 55 (commencing with Section 4321) of Title 42 of the United States Code) or similar state laws in the other state, the commission shall not consider influence on the environment unless any emissions or discharges therefrom would have a significant influence on the environment of this state. (Amended by Stats. 1981, Ch. 573, Sec. 1.)
  117. 7626.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Fences [7626 - 7631] ( Article 6 enacted by Stats. 1951, Ch. 764. )

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    Railroad corporations must build and maintain a sufficient fence on both sides of their track and property, and may have to pay the owner fair market value if their trains kill or maim cattle or other domestic animals.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Fences [7626 - 7631] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 7626. Every railroad corporation shall make and maintain a good and sufficient fence on both sides of its track and property. If it does not and if its engine or cars kill or maim any cattle or other domestic animals upon its line of road, except where the road runs through or upon public land it shall pay to the owner of the cattle or other domestic animals a fair market price for them, unless the killing or maiming occurred through the neglect or fault of the owner of the animal. (Enacted by Stats. 1951, Ch. 764.)
  118. 7627.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Fences [7626 - 7631] ( Article 6 enacted by Stats. 1951, Ch. 764. )

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    If a railroad corporation pays for a proper fence, it is exempt from animal-damage claims; animal owners are responsible for damage caused by their animals on the track when the fence is not built, unless the railroad’s negligence caused the loss.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Fences [7626 - 7631] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 7627. A railroad corporation that pays to the owner of the land through or along which its road is located an agreed price for making and maintaining a good and sufficient fence, or that pays the cost of such fence with the award of damages allowed for the right of way for the railroad, is relieved and exonerated from all claims for damages arising out of the killing or maiming of any animals of persons who thus fail to construct and maintain the fence. The owners of such animals are responsible for any damages or loss which may accrue to the corporation from the animals being upon its railroad track as a result of the nonconstruction of such fence, unless it is shown that the loss or damage occurred through the negligence or fault of the corporation, its officers, agents, or employees. (Enacted by Stats. 1951, Ch. 764.)
  119. 7628.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Fences [7626 - 7631] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may require certain railroad corporations to build and maintain lawful fences, gates, crossings, and cattle guards where needed to protect nearby grazing animals.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Fences [7626 - 7631] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 7628. The commission may require every railroad corporation operating any steam or electric railroad in this State to erect and maintain lawful fences on each or either side of the railroad where the railroad runs through or upon lands of the United States or of this State, at such places as the commission determines that such fences are necessary to protect cattle, horses, or mules, or any other domestic animal being ranged or grazed upon lands adjacent to the railroad from being maimed or killed by the operation or management of engines, cars, or other rolling stock upon or over the railroad, with necessary openings and gates in the fences, and crossings and cattle guards for such openings and gates. (Enacted by Stats. 1951, Ch. 764.)
  120. 7629.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Fences [7626 - 7631] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may require fences only after a verified application is filed by certain neighboring livestock owners, and it must notify the land agency and the railroad by mail.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Fences [7626 - 7631] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 7629. The authority of the commission to require such fences shall be exercised in each instance only when a verified application is filed with the commission by the person or persons owning cattle, horses, mules, or other domestic animals with the right or privilege to range or graze them upon the lands adjacent to the portion of the railroad sought to be fenced. The application shall specify the ownership of the railroad sought to be fenced, and shall set forth a sufficient description of the lands to identify them, the agency or department of government administering the lands, and the nature of the right or privilege of each petitioner to range or graze domestic animals thereon. Upon the filing of the application, notice thereof and of any hearing by the commission thereon shall be given by mail by the commission to the agency or department of government administering the land, and to the railroad corporation owning or operating the railroad. Such owners, agency or department, and the railroad may protest the granting of the application and may be heard thereon. (Enacted by Stats. 1951, Ch. 764.)
  121. 763.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    After a hearing, the commission may order a railroad or street railroad corporation to add service, change schedules, or make other necessary changes if service is insufficient. This does not apply to network railroad transportation.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 763. (a) Whenever the commission, after a hearing, finds that any railroad corporation or street railroad corporation does not run a sufficient number of trains or cars, or possess or operate sufficient motive power, reasonably to accommodate the traffic, passenger or freight, transported by or offered for transportation to it, or does not run its trains or cars with sufficient frequency or at a reasonable or proper time having regard to safety, or does not stop its trains or cars at proper places, or does not run any train or car upon a reasonable time schedule for the run, the commission may make an order directing such corporation to increase the number of its trains or cars or its motive power or to change the time for starting its trains or cars or to change the time schedule for the run of any train or car, or to change the stopping place or places thereof. The commission may make any other order that it determines to be reasonably necessary to accommodate and transport the traffic, passenger or freight, transported or offered for transportation. (b) Subdivision (a) is not applicable to network railroad transportation. (Amended by Stats. 1999, Ch. 1005, Sec. 44. Effective January 1, 2000.)
  122. 7630.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Fences [7626 - 7631] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    After a hearing, the commission must decide whether fences are needed to protect grazing animals from railroad operations and may order the railroad corporation to build and maintain them.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Fences [7626 - 7631] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 7630. Upon hearing the commission shall determine whether or not any fence or fences are necessary to protect cattle, horses, mules, or any other domestic animals being ranged or grazed upon the land designated in the application, from being maimed, or killed by the operation or management of engines, cars, or other rolling stock upon the railroad, and shall order that a fence or fences be constructed and maintained by the railroad corporation at such places along the railroad adjacent to the lands designated in the petition as the commission determines. The commission may fix the time within which the fence or fences shall be constructed and may designate the places for necessary openings and gates therein and crossings and cattle guards in connection therewith. The commission may modify or revoke any such order when it determines that the necessity for any such fence has ceased to exist. (Enacted by Stats. 1951, Ch. 764.)
  123. 7631.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Fences [7626 - 7631] ( Article 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If a railroad corporation ignores an authorized commission order, it faces no penalty other than paying fair market value for the maimed or killed cattle or other domestic animals. No payment is required if the animals were harmed because of the owner’s neglect or fault.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Fences [7626 - 7631] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 7631. The failure of any railroad corporation to comply with any order of the commission authorized by this article shall not subject it, or any of its officers, agents, or employees, to any penalty other than payment by the railroad corporation to the owner of the maimed or killed cattle, or other domestic animals of a fair market price for the animals. Nothing in this article requires a railroad corporation to pay for the maiming or killing of any cattle or domestic animals where the maiming or killing resulted from the neglect or fault of the owner of the animals. (Enacted by Stats. 1951, Ch. 764.)
  124. 764.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Electrical corporations with contracts for private fire safety services may use those services only for direct defense of utility infrastructure, and must try to reduce reliance on contract personnel.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 764. (a) An electrical corporation that has a contract for private fire safety and prevention, mitigation, or maintenance services, shall only use those services for the direct defense of utility infrastructure when conducting fire safety and prevention, mitigation, and maintenance activities as determined to be appropriate by the electrical corporation. (b) An electrical corporation that has a contract for private fire safety and prevention, mitigation, or maintenance services shall make an effort to reduce or eliminate the use of contract private fire safety and prevention, mitigation, and maintenance personnel in favor of employing highly skilled and apprenticed personnel to perform those services in direct defense of utility infrastructure in collaboration with public agency fire departments having jurisdiction. (c) Nothing in this section prohibits an electrical corporation from contracting with a public agency fire department or relevant jurisdiction for the purposes of providing fire safety and prevention, mitigation, or maintenance services. (Added by Stats. 2018, Ch. 626, Sec. 31. (SB 901) Effective January 1, 2019.)
  125. 764.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A fire protection district may require an electrical corporation or local publicly owned electric utility to give at least 24 hours’ notice before a prescribed or controlled burn, and the utility must use telephone and email notice.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 764.5. (a) A fire protection district may require an electrical corporation or local publicly owned electric utility to notify the fire protection district at least 24 hours before performing a prescribed or controlled burn. (b) If an electrical corporation or local publicly owned electric utility cannot provide 24 hours’ notice pursuant to subdivision (a) due to unforeseen circumstances, the electrical corporation or local publicly owned electric utility shall notify the fire protection district at the earliest possible time. (c) An electrical corporation or local publicly owned electric utility shall provide notice to a fire protection district pursuant to this section by both telephone and email. (d) This section does not limit or otherwise affect the ability of a fire protection district or any other local agency to require different notice for a prescribed or controlled burn, or impose other requirements allowable by law regarding a prescribed or controlled burn. (Added by Stats. 2024, Ch. 753, Sec. 1. (AB 3062) Effective January 1, 2025.)
  126. 765.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission must respond in writing to certain rail-safety recommendations and advisories, and may have to implement them after making a written determination.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 765. (a) When the federal National Transportation Safety Board (NTSB) submits a safety recommendation letter concerning rail safety to the commission, the commission shall provide the NTSB with a formal written response to each recommendation no later than 90 days after receiving the letter. The response shall state one of the following: (1) The commission’s intent to implement the recommendations in full, with a proposed timetable for implementation of the recommendations. (2) The commission’s intent to implement part of the recommendations, with a proposed timetable for implementation of those recommendations, and detailed reasons for the commission’s refusal to implement those recommendations that the commission does not intend to implement. (3) The commission’s refusal to implement the recommendations, with detailed reasons for the commission’s refusal to implement the recommendations. (b) If the NTSB issues a safety recommendation letter concerning any commission-regulated rail facility to the United States Department of Transportation, the Federal Transit Administration, a commission-regulated rail operator, or the commission, or if the Federal Transit Administration issues a safety advisory concerning any commission-regulated rail facility, the commission shall determine if implementation of the recommendation or advisory is appropriate. The basis for the commission’s determination shall be detailed in writing and shall be approved by a majority vote of the commission. (c) If the commission determines that a safety recommendation made by the NTSB is appropriate, or that action concerning a safety advisory is necessary, the commission shall issue orders or adopt rules to implement the safety recommendation or advisory as soon as practicable. In implementing the safety recommendation or advisory, the commission shall consider whether a more effective, or equally effective and less costly, alternative exists to address the safety issue that the recommendation or advisory addresses. (Amended by Stats. 2015, Ch. 612, Sec. 21. (SB 697) Effective January 1, 2016.)
  127. 765.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission must support rail safety by funding the hazardous-materials program, hiring inspectors, setting inspection standards, and doing focused inspections.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 765.5. (a) The purpose of this section is to provide that the commission takes all appropriate action necessary to ensure the safe operation of railroads in this state. (b) The commission shall dedicate sufficient resources necessary to adequately carry out the State Participation Program for the regulation of rail transportation of hazardous materials as authorized by the Hazardous Material Transportation Uniform Safety Act of 1990 (P.L. 101-615). (c) On or before July 1, 1992, the commission shall hire a minimum of six additional rail inspectors who are or shall become federally certified, consisting of three additional motive power and equipment inspectors, two signal inspectors, and one operating practices inspector, for the purpose of enforcing compliance by railroads operating in this state with state and federal safety regulations. (d) On or before July 1, 1992, the commission shall establish, by regulation, a minimum inspection standard to ensure, at the time of inspection, that railroad locomotives, equipment, and facilities located in class I railroad yards in California will be inspected not less frequently than every 120 days, and inspection of all branch and main line track not less frequently than every 12 months. (e) Commencing July 1, 2008, in addition to the minimum inspections undertaken pursuant to subdivision (d), the commission shall conduct focused inspections of railroad yards and track, either in coordination with the Federal Railroad Administration, or as the commission determines to be necessary. The focused inspection program shall target railroad yards and track that pose the greatest safety risk, based on inspection data, accident history, and rail traffic density. (Amended by Stats. 2006, Ch. 885, Sec. 1. Effective September 30, 2006.)
  128. 765.9.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission must allocate federal rail-safety inspection and enforcement funds proportionately to eligible passenger and freight rail activities.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 765.9. Federal funds available to the commission for rail safety inspection and enforcement purposes shall be allocated to eligible passenger and freight rail activities on a proportionate basis. (Added by Stats. 1991, Ch. 767, Sec. 7.)
  129. 7653.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. )

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    Railroad corporations must provide enough space and accommodations in passenger cars for ticketed passengers, and must use the same care and responsibility when carrying passengers on baggage, wood, gravel, or freight cars if fare is charged.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 7653. Every railroad corporation shall furnish, on the inside of its passenger cars, sufficient room and accommodations for all passengers to whom tickets are sold for any one trip, and for all persons presenting tickets entitling them to travel thereon. When fare is taken for transporting passengers on any baggage, wood, gravel, or freight car, the same care shall be taken and the same responsibility is assumed by the corporation as for passengers on passenger cars. (Enacted by Stats. 1951, Ch. 764.)
  130. 7654.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. )

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    Railroad corporations must post passenger fare-and-conduct rules inside passenger cars. They are generally not responsible for certain passenger injuries if the passenger violated those posted rules or direct verbal instructions, unless the corporation failed to comply with Section 7653.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 7654. Every railroad corporation shall print and conspicuously post on the inside of its passenger cars its rules and regulations regarding fare and conduct of its passengers. In case any passenger is injured on or from the platform of a car, or on any baggage, wood, gravel, or freight car, in violation of such printed regulations, or in violation of positive verbal instructions or injunctions given to the passenger in person by any officer of the train, the corporation is not responsible for damages for the injuries, unless the corporation has failed to comply with the provisions of Section 7653. (Enacted by Stats. 1951, Ch. 764.)
  131. 7655.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. )

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    Railroad agents or employees must put a baggage check on each package or parcel and give a duplicate to the passenger or baggage deliverer.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 7655. A check shall be affixed to every package or parcel of baggage when taken for transportation by any agent or employee of a railroad corporation and a duplicate thereof given to the passenger or person delivering the baggage. If the check is refused on demand, the railroad corporation shall pay to the passenger the sum of twenty dollars ($20), to be recovered in an action for damages. (Amended by Stats. 1951, Ch. 1022.)
  132. 7656.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. )

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    If a passenger refuses to pay fare or show/surrender a ticket when asked, the conductor and employees may remove the passenger and baggage from the train with no unnecessary force.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 7656. If any passenger refuses to pay his fare, or to exhibit or surrender his ticket, when reasonably requested to do so, the conductor and employees of the corporation may, on stopping the train, put him and his baggage out of the cars, using no unnecessary force, at any usual stopping place, or near any dwelling house. (Enacted by Stats. 1951, Ch. 764.)
  133. 7657.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. )

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    Railroad passenger-train and station employees must wear a badge showing their office or station and the company initials; without that badge, certain employees may not demand fares or tickets or interfere with passengers or property.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 7657. Every conductor, baggage master, engineer, brakeman, or other employee of any railroad corporation, employed on a passenger train or at stations for passengers, shall wear upon his hat or cap, or in some conspicuous place on the breast of his coat, a badge, indicating his office or station, and the initial letters of the name of the corporation by which he is employed. No collector or conductor, without such badge, is authorized to demand or to receive from any passenger any fare, toll, or ticket, or exercise any of the powers of his office or station. No other officer or employee, without such badge, has any authority to meddle or interfere with any passenger or property. (Enacted by Stats. 1951, Ch. 764.)
  134. 7658.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. )

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    Local ordinances setting train speed limits are not valid unless approved by the commission.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 7658. No city or county or city and county ordinance which establishes a limit on the speed of trains shall be valid unless that ordinance has been approved by the commission. (Amended by Stats. 1978, Ch. 683.)
  135. 7659.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A railroad conductor or engineer operating a train is not subject to criminal penalty for obstructing a railroad crossing in the stated circumstances.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 7659. Notwithstanding any city or county or city and county ordinance to the contrary, no railroad conductor or engineer, who, while operating a train, obstructs a railroad crossing, shall be subject to any criminal penalty, where he has no control over the situation causing the obstruction, or where the train cannot be moved without endangering the safety of the passengers or freight. (Added by Stats. 1951, Ch. 648.)
  136. 766.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may order telephone or telegraph corporations to make a physical connection, set rules for using it, prescribe through lines and rates, and decide cost divisions if the companies cannot agree.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 766. Whenever the commission, after a hearing finds that a physical connection can reasonably be made between the lines of two or more telephone corporations or two or more telegraph corporations whose lines can be made to form a continuous line of communication, by the construction and maintenance of suitable connections for the transfer of messages or conversations, and that public convenience and necessity will be served thereby, or finds that two or more telegraph or telephone corporations have failed to establish joint rates, tolls, or charges for service by or over their lines, and that joint rates, tolls, or charges ought to be established, the commission may, by its order, require that such connection be made on the payment of such compensation, if any, as it finds to be just and reasonable, except where the purpose of the connection is primarily to secure the transmission of local messages or conversations between points within the same city, or city and county. The commission may, by order, require that conversations be transmitted and messages transferred over such connection under such rules as it may establish, and may prescribe through lines and joint rates, tolls, and charges. If such telephone or telegraph corporations do not agree upon the division between them of the cost of such physical connection or connections or the division of such joint rates, tolls, or charges established by the commission over such through lines, the commission may after further hearing, establish such division by supplemental order. (Enacted by Stats. 1951, Ch. 764.)
  137. 766.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission must investigate telephone corporations’ billing practices and, if a corporation cannot always tell whether a call was completed, require written notice to subscribers about those billing practices.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 766.5. The commission shall investigate the practices of every telephone corporation in billing its subscribers for telephone calls, including, but not limited to, whether a corporation is unable to determine whether any telephone call was not completed and as a consequence may charge the subscriber for that uncompleted call. If the commission finds that any corporation does not have the capability of determining in every instance whether a call placed by a subscriber was completed, the commission shall require the corporation to furnish written notice, in a form and manner approved by the commission, to its subscribers of its billing practices, including, but not limited to, its practice of charging for calls placed but not completed. (Added by Stats. 1984, Ch. 712, Sec. 1.)
  138. 7660.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may authorize rail service speed restrictions only after receiving evidence and making specified findings.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 7660. The commission, in authorizing any restrictions on the speed of rail services, shall do so only upon receipt of evidence and a finding (a) that the restriction is required due to track condition, alignment, curvature of tracks, superelevation, or inadequate right-of-way protection, or any combination thereof, as the case may be, and (b) that higher speeds will have an adverse impact upon the health and safety of the public until the specified conditions are changed. (Added by Stats. 1978, Ch. 791.)
  139. 7661.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. )

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    The commission must require railroad corporations to create a rapid communications protocol, and railroad corporations must promptly notify emergency and safety agencies if a runaway train or other uncontrolled train movement threatens public health and safety.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 7661. (a) The commission shall require every railroad corporation operating in this state to develop, within 90 days of the effective date of the act adding this section, in consultation with, and with the approval of, the Office of Emergency Services, a protocol for rapid communications with the Office of Emergency Services, the Department of the California Highway Patrol, and designated county public safety agencies in an endangered area if there is a runaway train or any other uncontrolled train movement that threatens public health and safety. (b) A railroad corporation shall promptly notify the Office of Emergency Services, the Department of the California Highway Patrol, and designated county public safety agencies, through a communication to the Warning Center of the Office of Emergency Services, if there is a runaway train or any other uncontrolled train movement that threatens public health and safety, in accordance with the railroad corporation’s communications protocol developed pursuant to subdivision (a). (c) The notification required pursuant to subdivision (b) shall include the following information, whether or not an accident or spill occurs: (1) The information required by subdivision (c) of Section 7673. (2) In the event of a runaway train, a train list. (3) In the event of an uncontrolled train movement or uncontrolled movement of railcars, a track list or other inventory document if available. (d) The division of the commission responsible for railroad safety shall investigate any incident that results in a notification required pursuant to subdivision (b). (Amended by Stats. 2016, Ch. 842, Sec. 54. (SB 1222) Effective January 1, 2017.)
  140. 7662.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Railroad corporations must post and maintain several types of safety signs and markers, and give specified notifications about remote-control locomotives and emergencies.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 7662. (a) (1) A railroad corporation shall place appropriate signage to notify an engineer of an approaching grade crossing, consistent with federal law. (2) Whistle post signs shall be deemed to satisfy this requirement. (b) (1) Whenever a railroad issues written or verbal instructions to employees that may restrict or stop train movements because of track conditions, structures, persons, or equipment working, appropriate flags that are readily visible and easily recognizable to the crews on both passenger and freight trains shall be displayed as quickly as practicable. Yellow flags shall be used for temporary speed restrictions, consistent with paragraphs (2) and (3). Yellow-red flags shall be used, consistent with paragraphs (4) and (5), when a train may be required to stop. (2) Yellow flags shall be used to warn trains to restrict movement because of track conditions or structures. Except as provided in paragraph (3), a yellow flag shall be displayed two miles before the restricted area in order to ensure that train movement is restricted at the proper location. (3) When the restricted area is close to a terminal, junction, or another area, the yellow flag may be displayed less than two miles before the restricted area. This information shall be included in the written instructions to employees issued pursuant to paragraph (1). (4) Yellow-red flags shall be used to warn trains to be prepared to stop because of persons or equipment working. A yellow-red flag shall be displayed two miles before the restricted area in order to ensure that the train is prepared to stop at the proper location. (5) When the restricted area is close to a terminal, junction, or other area, the yellow-red flag may be displayed less than two miles before the restricted area. This information shall be included in the written instructions to employees issued pursuant to paragraph (1). (6) Flags shall be displayed only on the track affected and shall be displayed to the right side of the track as viewed from the approaching train. The flags shall be displayed to protect all possible access to the restricted area. (c) A railroad corporation shall provide milepost markers to train crews at accurate one-mile intervals. The markers shall be readily visible to the locomotive engineer within the locomotive cab, and shall be kept in good repair and replaced when necessary. (d) A railroad corporation shall place whistle signs to the right of the main track in the direction of approach, exactly one-quarter mile from the entrance to any grade crossing as a point of reference for locomotive engineers who blow the whistle and ring the bell for these grade crossings as a warning to the public. The signs, which shall consist of an “X” or “W” or other identifiable mark or symbol on a square plate mounted on a post, shall be readily visible to a locomotive engineer within the locomotive cab, shall be kept in good repair, and shall be replaced when necessary. (e) A railroad corporation shall place permanent speed signs to the right of the track in the direction of approach, two miles in advance of the point where the speed is either increased or decreased for both passenger and freight trains. The signs shall be readily visible to a locomotive engineer within the locomotive cab, shall be kept in good repair, and shall be replaced when necessary. (f) A railroad corporation shall notify the commission and the collective bargaining representative of any affected employee of any new utilization of remote control locomotives in the state, on or after January 1, 2007. (g) A railroad corporation shall provide immediate notification to the Office of Emergency Services of accidents, incidents, and other events, concurrent with those provided to the Federal Railroad Administration’s National Response Center, as required by Part 225.9 of Title 49 of the Code of Federal Regulations. (Amended by Stats. 2013, Ch. 352, Sec. 499. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  141. 7663.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If the California Highway Patrol or a designated local public safety agency responds to a railroad accident, the accident must be reported to the Office of Emergency Services.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7. Operation [7653 - 7663] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 7663. Whenever the Department of the California Highway Patrol or a designated local public safety agency responds to a railroad accident, the accident shall be reported to the Office of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 500. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  142. 7665.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. )

    Verify source ↗

    This section names the article the Local Community Rail Security Act of 2006 and states its purpose is to improve rail security, community safety, and communication with first responders.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. ) ## 7665. (a) This article shall be known, and may be cited, as the Local Community Rail Security Act of 2006. (b) The Legislature declares that the purpose of this act is to provide for the security and safety of local communities and local community facilities, to protect local communities from transportation practices that fail to secure rail facilities and equipment from the threat of terrorism, and to ensure proper communication between the owners and operators of rail facilities and equipment with local and state first responders. (Added by Stats. 2006, Ch. 867, Sec. 3. Effective January 1, 2007.)
  143. 7665.1.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. )

    Verify source ↗

    This section defines “Agency” or “office” as the Office of Emergency Services, and “Secretary” or “director” as the Director of Emergency Services, unless the context requires otherwise.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. ) ## 7665.1. Unless the context requires otherwise, for purposes of this article: (a) “Agency” or “office” means the Office of Emergency Services. (b) “Secretary” or “director” means the Director of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 501. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  144. 7665.2.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. )

    Verify source ↗

    Rail facility operators must provide a risk assessment to the commission and the office by July 1, 2007.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. ) ## 7665.2. By July 1, 2007, every operator of rail facilities shall provide a risk assessment to the commission and the office for each rail facility in the state that is under its ownership, operation, or control. The risk assessment shall, for each rail facility, describe all of the following: (a) The location and functions of the rail facility. (b) All types of cargo that are moved through, or stored at, the rail facility. (c) Any hazardous cargo that is moved through, or stored at, the rail facility. (d) The frequency that any hazardous cargo is moved through, or stored at, the rail facility. (e) A description of the practices of the rail operator to prevent acts of sabotage, terrorism, or other crimes on the rail facility. (f) All training programs that the rail operator requires for its employees at the rail facility. (g) The emergency response procedures of the rail operator to deal with acts of sabotage, terrorism, or other crimes at the rail facility. (h) The procedures of the rail operator to communicate with local and state law enforcement personnel, emergency personnel, transportation officials, and other first responders, in the event of acts of sabotage, terrorism, or other crimes at the rail facility. (Amended by Stats. 2013, Ch. 352, Sec. 502. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  145. 7665.3.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. )

    Verify source ↗

    The office may share the Section 7665.2 risk assessment with other law enforcement or emergency personnel.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. ) ## 7665.3. The office may provide the risk assessment provided pursuant to Section 7665.2 to other law enforcement or emergency personnel. (Amended by Stats. 2013, Ch. 352, Sec. 503. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  146. 7665.4.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. )

    Verify source ↗

    Rail operators must create and run an infrastructure protection program, train relevant workers, submit the program to the commission and director, and update it yearly.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. ) ## 7665.4. (a) By January 1, 2008, every rail operator shall develop and implement an infrastructure protection program to protect rail infrastructure in the state from acts of sabotage, terrorism, or other crimes. (b) (1) The infrastructure protection program shall address the security of all critical infrastructure. (2) The infrastructure protection program shall provide training to all employees of the rail operator performing work at a rail facility on how to recognize, prevent, and respond to acts of sabotage, terrorism, or other crimes. (c) (1) All employees of a contractor or subcontractor of a rail operator, and any other person performing work at a rail facility that is not the employee of the rail operator, shall receive training equivalent to that received by employees of the rail operator pursuant to paragraph (2) of subdivision (b), within a reasonable period of time. The commission, in consultation with the director, may adopt reasonable rules or orders to implement this requirement. (2) All employees of a contractor or subcontractor of a rail operator, and any other person performing work at a rail facility that is not the employee of the rail operator, shall undergo an equivalent evaluation of their background, skills, and fitness as the rail operator implements for its employees pursuant to its infrastructure protection plan. The commission, in consultation with the director, may adopt reasonable rules or orders to implement this requirement. (d) Each rail operator in the state shall provide to the commission and the director a copy of its infrastructure protection program. Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, the commission and the director shall keep this information confidential. (e) The infrastructure protection program shall be updated by the rail operator at least once every year, and the updated plan shall be submitted to the commission and the director. (f) The commission, in consultation with the office, shall review the infrastructure protection program submitted by a rail operator, may conduct inspections to facilitate the review, and may order a rail operator to improve, modify, or change its program to comply with the requirements of this article. (g) The commission may fine a rail operator for failure to comply with the requirements of this section or an order of the commission pursuant to this section. (Amended by Stats. 2021, Ch. 615, Sec. 401. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  147. 7665.6.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. )

    Verify source ↗

    Rail operators handling hazardous cargo must secure facilities and remote-control devices, keep unattended equipment locked and not running, protect occupied locomotive cabs, and avoid certain remote-control movements over public crossings unless safety conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. ) ## 7665.6. Every rail operator shall, for all facilities that handle hazardous cargo, do all the following: (a) Secure all facilities that handle or store hazardous materials by providing adequate security personnel. (b) Store hazardous materials only in secure facilities designed for storage, which shall not include mainline, branch, industrial, or passing tracks not so designed or retrofitted. (c) Shall not leave locomotive equipment running while unattended, or leave any unattended locomotive equipment unlocked. (d) Shall ensure that the cabs of occupied locomotives are secured from hijacking, sabotage, or terrorism. (e) Shall not use remote control locomotives to move hazardous materials over a public crossing unless the remote control operator is able to maintain line-of-sight visibility of the public crossing and visually ensure that all automatic highway-rail grade crossing warning devices are functioning as intended, and it is safe for the train movement to enter the public crossing. (f) Shall secure remote control devices to prevent access to those devices by unauthorized personnel. (Added by Stats. 2006, Ch. 867, Sec. 3. Effective January 1, 2007.)
  148. 7665.8.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. )

    Verify source ↗

    Every rail operator must provide communications capability for emergency alerting, bridge-tender alerts, and rail threat-level notifications.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. ) ## 7665.8. Every rail operator shall provide communications capability that can accomplish all of the following: (a) Timely alerting local and state law enforcement personnel, emergency personnel, transportation officials and other first responders in the event of sabotage, terrorism, or other crimes. (b) Timely provide bridge tenders on moveable bridges the ability to alert local and state law enforcement personnel, emergency personnel, transportation officials and other first responders in the event of sabotage, terrorism, or other crimes. (c) Notify rail workers of the local or national threat level for the rail industry. (Added by Stats. 2006, Ch. 867, Sec. 3. Effective January 1, 2007.)
  149. 7666.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. )

    Verify source ↗

    Rail operators and other covered persons must not punish an employee for reporting a violation of this article.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. ) ## 7666. No rail operator or any other person covered by this article may act to punish an employee who reports a violation of this article. An employee against whom a punitive action is taken may seek civil damages of up to one million dollars ($1,000,000) from any employer that acts to punish an employee who reports a violation of this article, in addition to any other remedies the court deems appropriate. (Added by Stats. 2006, Ch. 867, Sec. 3. Effective January 1, 2007.)
  150. 7667.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. )

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    This article is severable: if one provision or its application is invalid, the rest can still operate if they can be given effect.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.3. Local Community Rail Security Act of 2006 [7665 - 7667] ( Article 7.3 added by Stats. 2006, Ch. 867, Sec. 3. ) ## 7667. The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2006, Ch. 867, Sec. 3. Effective January 1, 2007.)
  151. 767.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission may order one public utility to allow another to use certain equipment if the required findings are met, and it may set compensation and terms.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 767. Whenever the commission, after a hearing had upon its own motion or upon complaint of a public utility affected, finds that public convenience and necessity require the use by one public utility of all or any part of the conduits, subways, tracks, wires, poles, pipes, or other equipment, on, over, or under any street or highway, and belonging to another public utility, and that such use will not result in irreparable injury to the owner or other users of such property or equipment or in any substantial detriment to the service, and that such public utilities have failed to agree upon such use or the terms and conditions or compensation therefor, the commission may by order direct that such use be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for the joint use. If such use is directed, the public utility to whom the use is permitted shall be liable to the owner or other users for such damage as may result therefrom to the property of the owner or other users thereof, and the commission may ascertain and direct the payment, prior to such use, of fair and just compensation for damage suffered, if any. (Enacted by Stats. 1951, Ch. 764.)
  152. 767.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    This section defines key pole-attachment terms and sets how fees and rearrangement costs are handled when a cable television corporation uses public-utility support structures.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 767.5. (a) As used in this section: (1) “Public utility” includes any person, firm, or corporation, except a publicly owned public utility, which owns or controls, or in combination jointly owns or controls, support structures or rights-of-way used or useful, in whole or in part, for wire communication. (2) “Support structure” includes, but is not limited to, a utility pole, anchor, duct, conduit, manhole, or handhole. (3) “Pole attachment” means any attachment to surplus space, or use of excess capacity, by a cable television corporation for a wire communication system on or in any support structure located on or in any right-of-way or easement owned, controlled, or used by a public utility. (4) “Surplus space” means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the commission, to allow its use by a cable television corporation for a pole attachment. (5) “Excess capacity” means volume or capacity in a duct, conduit, or support structure other than a utility pole or anchor which can be used, pursuant to the orders and regulations of the commission, for a pole attachment. (6) “Usable space” means the total distance between the top of the utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance. (7) “Minimum allowable vertical clearance” means the minimum clearance for communication conductors along rights-of-way or other areas as specified in the orders and regulations of the commission. (8) “Rearrangements” means work performed, at the request of a cable television corporation, to, on, or in an existing support structure to create such surplus space or excess capacity as is necessary to make it usable for a pole attachment. When an existing support structure does not contain adequate surplus space or excess capacity and cannot be so rearranged as to create the required surplus space or excess capacity for a pole attachment, “rearrangements” shall include replacement, at the request of a cable television corporation, of the support structure in order to provide adequate surplus space or excess capacity. (9) “Annual cost of ownership” means the sum of the annual capital costs and annual operation costs of the support structure which shall be the average costs of all similar support structures owned by the public utility. The basis for computation of annual capital costs shall be historical capital costs less depreciation. The accounts upon which the historical capital costs are determined shall include a credit for all reimbursed capital costs of the public utility. Depreciation shall be based upon the average service life of the support structure. As used in this paragraph, “annual cost of ownership” shall not include costs for any property not necessary for a pole attachment. (b) The Legislature finds and declares that public utilities have dedicated a portion of such support structures to cable television corporations for pole attachments in that public utilities have made available, through a course of conduct covering many years, surplus space and excess capacity on and in their support structures for use by cable television corporations for pole attachments, and that the provision by such public utilities of surplus space and excess capacity for such pole attachments is a public utility service delivered by public utilities to cable television corporations. The Legislature further finds and declares that it is in the interests of the people of California for public utilities to continue to make available such surplus space and excess capacity for use by cable television corportions. (c) Whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments or the terms, conditions, or costs of rearrangements, the commission shall establish and enforce the rates, terms, and conditions for pole attachments and rearrangements so as to assure a public utility the recovery of both of the following: (1) A one-time reimbursement for actual costs incurred by the public utility for rearrangements performed at the request of the cable television corporation. (2) An annual recurring fee computed as follows: (A) For each pole and supporting anchor actually used by the cable television corporation, for a period of four years following the effective date of this section, the annual fee shall be two dollars and fifty cents ($2.50). Thereafter, the annual fee shall be two dollars and fifty cents ($2.50) or 7.4 percent of the public utility’s annual cost of ownership for the pole and supporting anchor, whichever is greater, except that if a public utility applies for establishment of a fee in excess of two dollars and fifty cents ($2.50) under this section, the annual fee shall be 7.4 percent of the public utility’s annual cost of ownership for the pole and supporting anchor. (B) For support structures used by the cable television corporation, other than poles or anchors, a percentage of the annual cost of ownership for the support structure, computed by dividing the volume or capacity rendered unusable by the cable television corporation’s equipment by the total usable volume or capacity. As used in this paragraph, “total usable volume or capacity” means all volume or capacity in which the public utility’s line, plant, or system could legally be located, including the volume or capacity rendered unusable by the cable television corporation’s equipment. (d) In the event that it becomes necessary for the public utility to use space or capacity on or in a support structure occupied by the cable television corporation’s equipment, the cable television corporation shall either (1) pay all costs for rearrangements necessary to maintain the pole attachment or (2) remove its cable television equipment at its own expense. (Repealed and added by Stats. 1980, Ch. 652, Sec. 2. Effective July 20, 1980.)
  153. 767.7.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    This section states legislative findings about fiber optic cable use by utilities and says utilities should be fairly compensated for rights-of-way and may negotiate access to fiber optic cables for their own use.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 767.7. (a) The Legislature finds and declares all of the following: (1) The Legislature has encouraged, and continues to encourage, the rapid and economic development of telecommunications services to all Californians. (2) Pursuant to Section 767.5, public utilities have dedicated a portion of their support structures to cable television corporations which have been increasingly attaching fiber optic cable that is capable of a variety of telecommunications uses. Other utilities not under the jurisdiction of the commission have also made the same dedication. (3) Public utility and publicly owned utility support structures are also used by entities, other than cable television corporations, with the acquiescence of the public utility and voluntary permission of the publicly owned utility, for the purpose of installing fiber optic cable in order to provide various telecommunications services. (4) Electric public utilities are currently installing fiber optic cables on their systems to enhance their operations and better serve their customers. Fiber optic cables installed by telephone, cable, and other telecommunications corporations may be accessed by electric public utilities and publicly owned utilities to enhance their operations and better serve their customers. The access may be accomplished by contract or through the purchase of tariffed services. (b) It is therefore the intent of the Legislature that public utilities and publicly owned utilities be fairly and adequately compensated for the use of their rights-of-way and easements for the installation of fiber optic cable, and that electric public utilities and publicly owned utilities have the ability, if they so desire, to negotiate a purchase, lease, or rent of access to those fiber optic cables for their own use. (c) Nothing in this section shall be deemed to change existing law with respect to Section 767.5. (Added by Stats. 1994, Ch. 623, Sec. 1. Effective January 1, 1995.)
  154. 7671.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.5. Hazardous Materials Transportation by Rail [7671 - 7673] ( Article 7.5 added by Stats. 1990, Ch. 1662, Sec. 11. )

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    This section says the article’s purpose is to protect public health and safety and improve the safety of transporting hazardous materials by rail.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.5. Hazardous Materials Transportation by Rail [7671 - 7673] ( Article 7.5 added by Stats. 1990, Ch. 1662, Sec. 11. ) ## 7671. The Legislature finds and declares that the purpose of this article is to protect the health and safety of the public and to improve the safety of transporting hazardous materials by rail. (Added by Stats. 1990, Ch. 1662, Sec. 11.)
  155. 7672.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.5. Hazardous Materials Transportation by Rail [7671 - 7673] ( Article 7.5 added by Stats. 1990, Ch. 1662, Sec. 11. )

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    This section defines “hazardous material” for this article.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.5. Hazardous Materials Transportation by Rail [7671 - 7673] ( Article 7.5 added by Stats. 1990, Ch. 1662, Sec. 11. ) ## 7672. For purposes of this article, “hazardous material” means either of the following: (a) A hazardous material, as defined in Section 171.8 of Title 49 of the Code of Federal Regulations. (b) A hazardous material, as defined in Section 25501 of the Health and Safety Code. (Amended by Stats. 2004, Ch. 644, Sec. 32. Effective January 1, 2005.)
  156. 7672.5.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.5. Hazardous Materials Transportation by Rail [7671 - 7673] ( Article 7.5 added by Stats. 1990, Ch. 1662, Sec. 11. )

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    A railroad corporation involved in a hazardous-material release or threatened release must immediately report the type and extent of the release in the manner required by Health and Safety Code Section 25507.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.5. Hazardous Materials Transportation by Rail [7671 - 7673] ( Article 7.5 added by Stats. 1990, Ch. 1662, Sec. 11. ) ## 7672.5. Any railroad corporation which is involved in an incident resulting in a release, or threatened release, of a hazardous material shall immediately report the type and extent of the release or threatened release in the manner specified in Section 25507 of the Health and Safety Code. (Added by Stats. 1990, Ch. 1662, Sec. 11.)
  157. 7673.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.5. Hazardous Materials Transportation by Rail [7671 - 7673] ( Article 7.5 added by Stats. 1990, Ch. 1662, Sec. 11. )

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    Railroad corporations that transport hazardous materials in the state must provide a state system map, submit emergency-handling publication copies, and share incident information after certain train incidents.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 7.5. Hazardous Materials Transportation by Rail [7671 - 7673] ( Article 7.5 added by Stats. 1990, Ch. 1662, Sec. 11. ) ## 7673. Each railroad corporation which transports hazardous materials in the state shall do all of the following: (a) Provide a system map of the state to the Office of Emergency Services and to the Public Utilities Commission, showing practical groupings of mileposts on the system and showing mileposts of stations, terminals, junction points, road crossings, and the locations of natural gas and liquid pipelines in railroad rights-of-way. (b) Annually submit to the Office of Emergency Services a copy of a publication which identifies emergency handling guidelines for the surface transportation of hazardous materials, except that if the railroad corporation is classified as a class I carrier by the Interstate Commerce Commission pursuant to Subpart A of Part 1201 of Subchapter C of Chapter X of the Code of Federal Regulations, the railroad corporation shall annually submit to the Office of Emergency Services 50 copies of this publication which the agency shall make available to the Public Utilities Commission and local administering agencies and to other response agencies. These guidelines shall not be considered comprehensive instructions for the handling of any specific incident. (c) If there is a train incident resulting in a release or an overturned railcar or an impact which threatens a release of a hazardous material, provide the emergency response agency with all of the following information: (1) A list of each car in the train and the order of the cars. (2) The contents of each car, if loaded, in the train. (3) Identification of the cars and contents in the train which are involved in the incident, including, but not limited to, those cars which have derailed. (4) Emergency handling procedures for each hazardous material transported in or on the involved cars of the train. (Amended by Stats. 2013, Ch. 352, Sec. 505. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  158. 7676.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. )

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    A person making up or running a railroad train must not place a freight car behind passenger cars, except for trains carrying only personnel and equipment for military or naval movements.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 7676. Every person who, in making up or running any railroad train, places or runs, or causes to be placed or run, any freight car in the rear of passenger cars, is guilty of a misdemeanor, and if loss of life or limb results from such placing or running, is guilty of a felony. This section shall not apply where railroad trains are carrying only personnel and equipment in connection with military or naval movements. “Freight car,” as used in this section, does not include a baggage, express, or mail car. This section shall become operative on January 1, 1976. (Repealed and added by Stats. 1973, Ch. 246, Sec. 2.)
  159. 7677.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. )

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    Railroads with more than four trains each way every 24 hours must not use engineers, firemen, conductors, brakemen, or trainmen to handle train-movement orders through telegraph or telephone instruments unless the commission permits it.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 7677. No person, firm, or corporation operating a railroad with more than four trains each way every 24 hours shall require or permit any engineer, fireman, conductor, brakeman, or trainman to receive, deliver, or transmit at any receiving or forwarding instrument of any telegraph or telephone line, any order for the movement of any train, except in such cases or classes of cases as are permitted by the commission. This section does not apply to interurban or street railroads. Any person, firm, or corporation violating this section is guilty of a misdemeanor. (Enacted by Stats. 1951, Ch. 764.)
  160. 7677.1.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. )

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    Radio or other communication methods may be used to transmit train movement orders, but only subject to commission rules for railroad safety.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 7677.1. Radio or other means of communication not hereinabove referred to in Section 7677 may be used for the purpose of transmitting orders for the movement of trains, subject to such rules or regulations as the commission may promulgate for insuring the safety of railroad operations. (Added by Stats. 1957, Ch. 1847.)
  161. 7678.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. )

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    A person in charge of a locomotive engine must sound a bell, whistle, siren, or air whistle before crossing a traveled public way, unless an exception in Section 7604 applies.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 7678. Except as provided in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 7604, every person in charge of a locomotive engine who, before crossing any traveled public way, omits to cause a bell to ring or steam whistle, air siren, or air whistle to sound at the distance of at least 1,320 feet from the crossing, and until the lead locomotive has passed through the crossing, is guilty of a misdemeanor. (Amended by Stats. 2000, Ch. 263, Sec. 3. Effective August 30, 2000.)
  162. 7679.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. )

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    Railroad employees in listed train-operations roles must not be intoxicated or impaired by unlawful controlled substance use while working. If their intoxication or illegal drug use causes an act or neglect that results in death or bodily injury, the offense is a felony.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 7679. Any person employed upon any railroad as engineer, conductor, baggage-master, brakeman, switchman, fireman, bridge-tender, flagman, or signalman, or having charge of the regulation or running of trains upon any railroad, in any manner whatever, who either becomes or is intoxicated or who is impaired due to the unlawful use of a controlled substance while engaged in the discharge of his duties, is guilty of a misdemeanor. If any person so employed does any act or neglects any duty, by reason of such intoxication or illegal drug use, which act or neglect causes the death of, or bodily injury to, any person or persons, that person so employed is guilty of a felony. (Amended by Stats. 1991, Ch. 631, Sec. 1.)
  163. 768.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission may require public utilities to operate and maintain their facilities safely, set safety standards and devices, and cooperate with the California Highway Patrol on passenger stage corporation safety.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 768. The commission may, after a hearing, require every public utility to construct, maintain, and operate its line, plant, system, equipment, apparatus, tracks, and premises in a manner so as to promote and safeguard the health and safety of its employees, passengers, customers, and the public. The commission may prescribe, among other things, the installation, use, maintenance, and operation of appropriate safety or other devices or appliances, including interlocking and other protective devices at grade crossings or junctions and block or other systems of signaling. The commission may establish uniform or other standards of construction and equipment, and require the performance of any other act which the health or safety of its employees, passengers, customers, or the public may demand. The Department of the California Highway Patrol shall have the primary responsibility for the regulation of the safety of operation of passenger stage corporations. The commission shall cooperate with the Department of the California Highway Patrol to ensure safe operation of these carriers. (Amended by Stats. 1996, Ch. 1042, Sec. 21. Effective September 29, 1996.)
  164. 768.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission may order cable television corporations to take safety measures and follow construction, equipment, and operating standards after a hearing.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 768.5. The commission may, after a hearing, by general or special orders, rules, or otherwise, require every cable television corporation to construct, maintain, and operate its plant, system, equipment, apparatus, and premises in such manner as to promote and safeguard the health and safety of its employees, customers, and the public, and may prescribe, among other things, the installation, use, maintenance, and operation of appropriate safety or other devices or appliances, establish uniform or other standards of construction and equipment, and require the performance of any other act which the health or safety of its employees, customers, or the public may demand. Nothing in this section shall be construed to either grant or deny a cable antenna television corporation the right to use the easement of a public utility. (Added by Stats. 1968, Ch. 1240.)
  165. 768.6.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission must set emergency-preparedness standards, and electrical corporations and covered water companies must create, update, and work on emergency and disaster preparedness plans under those standards.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 768.6. (a) The commission shall establish standards for disaster and emergency preparedness plans within an existing proceeding, including, but not limited to, use of weather reports to preposition manpower and equipment before anticipated severe weather, methods of improving communications between governmental agencies and the public, and methods of working to control and mitigate an emergency or disaster and its aftereffects. The commission, when establishing standards pursuant to this subdivision, may make requirements for small water corporations similar to those imposed on class A water corporations under paragraph (2) of subdivision (f). (b) An electrical corporation, as defined in Section 218, providing service in California shall develop, adopt, and update an emergency and disaster preparedness plan in compliance with the standards established by the commission pursuant to subdivision (a). (1) (A) In developing and adopting an emergency and disaster preparedness plan, an electrical corporation providing service in California shall invite appropriate representatives of every city, county, or city and county within that electrical corporation’s service area in California to meet with, and provide consultation to, the electrical corporation. (B) Every city, county, or city and county within the electrical corporation’s service area in California may designate a point of contact for the electrical corporation to consult with on emergency and disaster preparedness plans. (C) The electrical corporation shall provide the point of contact designated pursuant to subparagraph (B) with an opportunity to comment on draft emergency and disaster preparedness plans. (2) For the purposes of best preparing an electrical corporation for future emergencies or disasters, an emergency and disaster preparedness plan shall address recent emergencies and disasters associated with the electrical corporation or similarly situated corporations, and shall address remedial actions for possible emergencies or disasters that may involve that corporation’s provision of service. (3) Every two years, in order to update and improve that electrical corporation’s emergency and disaster preparedness plan, an electrical corporation providing service in California shall invite appropriate representatives of every city, county, or city and county within that electrical corporation’s service area to meet with, and provide consultation to, the electrical corporation. (4) For the purposes of best preparing an electrical corporation for future emergencies or disasters, an electrical corporation updating its emergency and disaster preparedness plan shall review the disasters and emergencies that have affected similarly situated corporations since the adoption of the plan, remedial actions taken during those emergencies or disasters, and proposed changes to the plan. The electrical corporation shall adopt in its plan the changes that will best ensure the electrical corporation is reasonably prepared to deal with a disaster or emergency. (c) A meeting pursuant to subdivision (b) shall be noticed and shall be conducted in a public meeting that allows for the participation of appropriate representatives of counties and cities within the electrical corporation’s service area. (1) A county participating in a meeting pursuant to subdivision (b) may inform each city within the county of the time and place of the meeting. (2) An electrical corporation holding a meeting pursuant to subdivision (b) shall provide participating counties and cities with the opportunity to provide written and verbal input regarding the corporation’s emergency and disaster preparedness plan. For purposes of this public meeting, an electrical corporation may convene a closed meeting with representatives from every city, county, or city and county within that electrical corporation’s service area to discuss sensitive security-related information in the electrical corporation’s emergency and disaster preparedness plan and to solicit comment. (3) An electrical corporation shall notify the commission of the date, time, and location of a meeting pursuant to subdivision (b). (d) An electrical corporation shall conduct a meeting pursuant to subdivision (b) no later than April 1, 2013, and every two years thereafter. (e) An electrical corporation shall memorialize a meeting pursuant to subdivision (b), and shall submit its records of the meeting to the commission. (f) (1) A water company regulated by the commission shall develop, adopt, and update an emergency and disaster preparedness plan in compliance with the standards established by the commission pursuant to subdivision (a). This requirement shall be deemed fulfilled when the water company files an emergency and disaster preparedness plan pursuant to another state statutory requirement. (2) A water company developing, adopting, or updating an emergency and disaster preparedness plan pursuant to paragraph (1) shall hold meetings with representatives from each city, county, or city and county in the water company’s service area regarding the emergency and disaster preparedness plan. (g) An electrical corporation or a water corporation may fulfill a meeting requirement imposed by this section by making a presentation regarding its emergency and disaster preparedness plan at a regularly scheduled public meeting of each disaster council created pursuant to Article 10 (commencing with Section 8610) of Chapter 7 of Division 1 of Title 2 of the Government Code within the corporation’s service area, or at a regularly scheduled public meeting of the governing body of each city, county, or city and county within the service area. (Added by Stats. 2012, Ch. 472, Sec. 1. (AB 1650) Effective January 1, 2013.)
  166. 7680.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. )

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    A railroad employee in charge of a railroad, car, locomotive, or train who willfully or negligently causes a collision that results in a human death is subject to imprisonment.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 7680. Every conductor, engineer, brakeman, switchman, or other person having charge, wholly or in part, of any railroad, car, locomotive, or train, who willfully or negligently suffers or causes it to collide with another car, locomotive, or train, or with any other object or thing whereby the death of a human being is produced, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three or four years. (Amended by Stats. 2011, Ch. 15, Sec. 561. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  167. 7681.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. )

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    Certain railroad employees and officers commit a misdemeanor if they wilfully violate or omit their duties in a way that endangers human life or safety, when no other punishment is already provided.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 8. Crimes [7676 - 7681] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 7681. Every engineer, conductor, brakeman, switch-tender, or other officer, agent, or servant of any railroad company, who is guilty of any wilful violation or omission of his duty as such officer, agent, or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a misdemeanor. (Enacted by Stats. 1951, Ch. 764.)
  168. 769.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    Electrical corporations must submit a distribution resources plan proposal by July 1, 2015, and the commission must review each proposal.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 769. (a) For purposes of this section, “distributed resources” means distributed renewable generation resources, energy efficiency, energy storage, electric vehicles, and demand response technologies. (b) Not later than July 1, 2015, each electrical corporation shall submit to the commission a distribution resources plan proposal to identify optimal locations for the deployment of distributed resources. Each proposal shall do all of the following: (1) Evaluate locational benefits and costs of distributed resources located on the distribution system. This evaluation shall be based on reductions or increases in local generation capacity needs, avoided or increased investments in distribution infrastructure, safety benefits, reliability benefits, and any other savings the distributed resources provide to the electrical grid or costs to ratepayers of the electrical corporation. (2) Propose or identify standard tariffs, contracts, or other mechanisms for the deployment of cost-effective distributed resources that satisfy distribution planning objectives. (3) Propose cost-effective methods of effectively coordinating existing commission-approved programs, incentives, and tariffs to maximize the locational benefits and minimize the incremental costs of distributed resources. (4) Identify any additional utility spending necessary to integrate cost-effective distributed resources into distribution planning consistent with the goal of yielding net benefits to ratepayers. (5) Identify barriers to the deployment of distributed resources, including, but not limited to, safety standards related to technology or operation of the distribution circuit in a manner that ensures reliable service. (c) The commission shall review each distribution resources plan proposal submitted by an electrical corporation and approve, or modify and approve, a distribution resources plan for the corporation. The commission may modify any plan as appropriate to minimize overall system costs and maximize ratepayer benefit from investments in distributed resources. (d) Any electrical corporation spending on distribution infrastructure necessary to accomplish the distribution resources plan shall be proposed and considered as part of the next general rate case for the corporation. The commission may approve proposed spending if it concludes that ratepayers would realize net benefits and the associated costs are just and reasonable. The commission may also adopt criteria, benchmarks, and accountability mechanisms to evaluate the success of any investment authorized pursuant to a distribution resources plan. (Amended by Stats. 2014, Ch. 71, Sec. 151. (SB 1304) Effective January 1, 2015.)
  169. 769.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    This section makes certain renewable electrical generation construction projects public works and requires contractors to pay prevailing wages, keep and submit certified payroll records, and follow record-sharing limits and deadlines.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 769.2. (a) Notwithstanding paragraph (1) of subdivision (a) of Section 1720 of the Labor Code, construction of a renewable electrical generation facility, and associated battery storage, after December 31, 2023, that receives service pursuant to the standard contract or tariff developed pursuant to Section 2827.1, shall constitute a public works project for purposes of Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code, except as specified in subdivision (f). (b) A contractor who enters into a contract to perform work on a renewable electrical generation facility or associated battery storage described in subdivision (a) shall do all of the following: (1) The contractor shall pay each construction worker employed in the execution of the work, at minimum, the general prevailing rate of per diem wages, except that an apprentice registered in a program approved by the Chief of the Division of Apprenticeship Standards shall be paid, at minimum, the applicable apprentice prevailing rate. (2) The contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. Notwithstanding Section 1776 of the Labor Code, the contractor shall not be required to provide copies of certified payroll records to any entity other than the Department of Industrial Relations and the commission. (3) The contractor shall biannually, on July 1 and December 31 of each year, submit to the commission digital copies of its certified payroll records, in a format consistent with systems used for compliance with Section 1776 of the Labor Code, for projects subject to this section. The commission shall retain these records as public records for five years. (c) The requirement imposed in paragraph (1) of subdivision (b) may be enforced through any of the following mechanisms: (1) Within 18 months after completing the renewable electrical generation facility, by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code. (2) By an underpaid construction worker or apprentice through an administrative complaint or civil action. (3) By a joint labor-management committee through a civil action pursuant to Section 1771.2 of the Labor Code. (d) If a willful violation of this section has been enforced against a contractor for the construction of a renewable electrical generation facility pursuant to subdivision (c), that facility shall remain eligible to receive service pursuant to a standard contract or tariff developed pursuant to Section 2827 or 2827.1 if restitution has been made to the affected workers and all associated penalties and fines have been paid. (e) The commission shall require each large electrical corporation to include the requirements of this section in each standard contract or tariff offered pursuant to Section 2827.1. (f) (1) This section does not apply to a residential renewable electrical generation facility that is eligible to receive service pursuant to the standard contract or tariff developed pursuant to Section 2827.1 and has a maximum generating capacity of 15 kilowatts or less of electricity. (2) This section does not apply to a residential renewable electrical generation facility that is eligible to receive service pursuant to the standard contract or tariff developed pursuant to Section 2827.1 and that is installed on a single-family home. (3) This section does not apply to a project that is a public work, as defined in Section 1720 of the Labor Code, and that is subject to Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code. (4) This section does not apply to a renewable electrical generation facility that serves only a modular home, a modular home community, or multiunit housing that has two or fewer stories. (g) (1) The entity that engaged the contractor to perform work on a renewable electrical generation facility and associated battery storage described in subdivision (a) is not an awarding body, as defined in Section 1722 of the Labor Code. Public works project requirements not found in this section do not apply to the entity. This section does not affect the entity’s liability for nonpayment of wages or materials under Section 3 of Article XIV of the California Constitution. (2) The contractor who enters into a contract with the entity described in paragraph (1) to perform work on a renewable electrical generation facility and associated battery storage described in subdivision (a) is the awarding body only for the limited purposes of Section 1773.3 of the Labor Code. (Amended by Stats. 2025, Ch. 632, Sec. 1. (AB 1104) Effective January 1, 2026.)
  170. 769.3.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    This section defines several energy-program terms and requires the commission to review, and possibly establish or change, a community renewable energy program.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 769.3. (a) For purposes of this section, the following definitions apply: (1) “Community choice aggregator” has the same meaning as defined in Section 331.1. (2) “Customer renewable energy subscription program” does not include the net energy metering program specified in Sections 2827 and 2827.1 or the Multifamily Affordable Housing Solar Roofs Program established pursuant to Chapter 9.5 (commencing with Section 2870) of Part 2. “Customer renewable energy subscription program” includes an alternative designed for growth among residential customers in disadvantaged communities pursuant to paragraph (1) of subdivision (b) of Section 2827.1. (3) “Low-income customer” means either of the following: (A) An individual or household who qualifies for one or more of the following programs: (i) The California Alternate Rates for Energy (CARE) program described in Section 739.1. (ii) The Family Electric Rate Assistance (FERA) program described in Section 739.12. (iii) The CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code. (iv) The federal Supplemental Nutrition Assistance Program (SNAP) (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code). (v) The Low-income Heating Energy Assistance Program (LIHEAP) (42 U.S.C. Sec. 8621). (B) An individual or household who resides within an underserved community. (4) “Underserved community” includes each of the following: (A) A “low-income community” as defined in Section 39713 of the Health and Safety Code. (B) A community within an area identified as among the 25 percent most disadvantaged areas in the state according to the California Environmental Protection Agency and based on the most recent California Communities Environmental Health Screening Tool, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code. (C) A community located on lands belonging to a California Native American tribe, as defined in Section 21073 of the Public Resources Code. (b) On or before March 31, 2024, the commission shall, in a new or existing proceeding, do both of the following: (1) (A) Evaluate each customer renewable energy subscription program, including the Green Tariff Shared Renewables Program (Chapter 7.6 (commencing with Section 2831) of Part 2) and any program established as an alternative designed for growth among residential customers in disadvantaged communities pursuant to paragraph (1) of subdivision (b) of Section 2827.1, to determine if the program meets all of the following goals: (i) Efficiently serves distinct customer groups. (ii) Minimizes duplicative offerings. (iii) Promotes robust participation by low-income customers. (B) Consider, as part of the evaluation, the energy load migration trends among bundled and nonbundled customers and any associated risks with maintaining or creating a customer renewable energy subscription program. (C) If the commission determines a customer renewable energy subscription program does not meet all of the goals described in subparagraph (A), authorize the termination or modification of the program. (2) (A) Determine whether it would be beneficial to ratepayers to establish a new tariff or program for an electrical corporation, or modify an existing tariff or program administered by an electrical corporation, to establish a community renewable energy program consistent with the criteria described in subdivision (c). If the commission determines that it would be beneficial to ratepayers to establish the community renewable energy program, the commission shall, on or before July 1, 2024, establish the program as part of the same proceeding and require each electrical corporation to participate in the program. (B) If the commission establishes a community renewable energy program pursuant to subparagraph (A), each community choice aggregator and electric service provider, within 180 days of the establishment of the program, shall notify the commission whether it will participate in the program. A community choice aggregator or electric service provider may begin participating in, or end its participation in, the program at any time by notifying the commission. (c) The community renewable energy program, if established, shall do all of the following: (1) Be complementary to, and consistent with, the requirements of Section 10-115 of the California Building Standards Code (Title 24 of the California Code of Regulations). For purposes of this paragraph, the commission shall consult with the Energy Commission. (2) Ensure at least 51 percent of the program’s capacity serves low-income customers. (3) Minimize impacts to nonparticipating customers by prohibiting the program’s costs from being paid by nonparticipating customers in excess of the avoided costs. Qualifying funds for financial incentives shall only be available through an appropriation by the Legislature. (4) (A) Except as provided in subparagraph (B), require that all of the following requirements apply to the construction of a community renewable energy facility pursuant to the program: (i) All construction workers employed in the execution of the project shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (ii) The owner of the community renewable energy facility shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work. (iii) All contractors and subcontractors shall maintain payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. (iv) The requirement on contractors and subcontractors to pay prevailing wages pursuant to this section may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (B) Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and subparagraph (A) shall not apply to the construction of a community renewable energy facility pursuant to the program if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as defined in Section 2500 of the Public Contract Code. (5) Provide bill credits to subscribers based on the avoided costs of the program’s facilities, as determined by the commission’s methods for calculating the full set of benefits of distributed energy resources. The commission may use actual wholesale market prices for the energy supply portion of an avoided cost calculation or credit value. (6) Prioritize the maximum use of state and federal incentives and accelerate implementation of the program to ensure that time- or quantity-limited federal incentives can be obtained for the benefit of subscribers. As part of this prioritization, the commission shall ensure that a community renewable energy facility participating in the community renewable energy program is eligible for an enhanced federal investment tax credit available as a qualified low-income economic benefit project pursuant to subsection (e) of Section 48 of Title 26 of the United States Code. (Added by Stats. 2022, Ch. 350, Sec. 2. (AB 2316) Effective January 1, 2023.)
  171. 769.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission may create a fast dispute-resolution process for distribution grid interconnection disputes, and if it does, it must build in panels, deadlines, public comments, and other procedures.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 769.5. (a) The commission may establish an expedited distribution grid interconnection dispute resolution process with the goal of resolving disputes over interconnection applications that are within the jurisdiction of the commission in no more than 60 days from the time the dispute is formally brought to the commission. If the commission establishes an expedited distribution grid interconnection dispute resolution process, the commission may provide exceptions to the 60-day time period when more than 60 days are needed to fairly and safely address a dispute. (b) The expedited distribution grid interconnection dispute resolution process shall include the following elements: (1) A distribution grid interconnection technical panel consisting of at least eight individuals selected by the commission. Four of the technical panel members shall be from electrical corporations and four shall not be from electrical corporations. The commission shall determine the length of the term of each member. A member shall not participate as a review panel member for the dispute resolution process for a contested interconnection application in any of the following situations: (A) The member is an employee of, a contractor to, or an employee of a contractor to, an electrical corporation to which the contested interconnection application has been submitted. (B) The member is the applicant, an installer or an employee of an installer for the applicant, or a third-party electricity purchase agreement provider for the applicant. (C) The member has a direct financial interest in the contested interconnection application. (2) A review panel of four members shall be selected from the technical panel for each dispute. (3) If an applicant is unable to resolve an interconnection-related dispute after working with the electrical corporation operating the distribution grid, the applicant may seek resolution of the dispute using the commission’s expedited distribution grid interconnection dispute resolution process. (4) Upon agreeing to a final settlement of the dispute, parties shall be free to withdraw from the expedited distribution grid interconnection dispute resolution process. (5) If the dispute is filed with the commission, the commission shall ensure that the review panel shall review the dispute and make a recommendation to the executive director of the commission within 30 days of receiving the dispute. (6) The commission shall establish a public process to allow the electrical corporation, the applicant, and other interested parties to file written comments on the recommendation of the review panel. (7) The review panel shall request appropriate documents from the electrical corporation involved in the dispute, including, but not limited to, interconnection application studies. (8) The scope of the review panel’s review shall be limited to issues regarding compliance with the established interconnection rules. Any recommendations shall ensure safe and reliable interconnection. (9) The scope of the review panel’s review is limited to making recommendations to resolve specific customer disputes and recommending associated corrective actions, and the panel shall have no authority to assess penalties. (10) Upon receipt of the recommendation from the review panel, the executive director shall have 30 days to review the recommendation and to prepare an order to the electrical corporation resolving the dispute. If the review panel cannot agree on recommendations, then each recommendation of a review panel member shall be submitted to the executive director, who shall make the decision resolving the dispute. (11) Any interested person seeking commission review of the executive director’s determination shall file the request for review within 10 days of the determination. Upon receipt of the request for review, the executive director or the energy division director shall prepare a proposed resolution of the matter for approval by the commission. (c) The commission shall provide the members of the technical panel who are not from electrical corporations with an appropriate per diem compensation consistent with Section 19822.5 of the Government Code. (d) The commission shall appoint a qualified electrical systems engineer with substantial interconnection expertise to advise the director of the energy division and shall provide adequate commission staff to assist in resolving interconnection disputes. (Added by Stats. 2016, Ch. 672, Sec. 1. (AB 2861) Effective January 1, 2017.)
  172. 770.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission may set utility standards and billing-related rules after a hearing, and must require utilities that estimate meter readings to disclose that on bills and correct wrong estimates, subject to stated exceptions.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 770. The commission may after hearing: (a) Ascertain and fix just and reasonable standards, classifications, regulations, practices, measurements, or service to be furnished, imposed, observed, and followed by all electrical, gas, water, and heat corporations. (b) Ascertain and fix adequate and serviceable standards for the measurement of quantity, quality, pressure, or other condition pertaining to the supply of the product, commodity, or service furnished or rendered by any such public utility. No standard of the commission applicable to any water corporation shall be inconsistent with the regulations and standards of the State Department of Health pursuant to Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code. (c) Prescribe reasonable regulations for the examination and testing of the product, commodity, or service and for the measurement thereof. (d) Establish reasonable rules, specifications, and standards to secure the accuracy of all meters and appliances for measurements. The commission shall require a public utility that estimates meter readings to so indicate on its billings, and shall require any estimate that is incorrect to be corrected by the next billing period, except that for reasons beyond its control due to weather, or in cases of unusual conditions, corrections for any overestimate or underestimate shall be reflected on the first regularly scheduled bill and based on an actual reading following the period of inaccessibility. (e) Provide for the examination and testing of any and all appliances used for the measurement of any product, commodity, or service of any such public utility. (Amended by Stats. 1996, Ch. 1023, Sec. 410. Effective September 29, 1996.)
  173. 771.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    Utility commissioners and their staff may enter utility premises to perform examinations and tests, use needed equipment there, and utility agents and employees may be present.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 771. The commissioners and their officers and employees may enter upon any premises occupied by any public utility, for the purpose of making the examinations and tests and exercising any of the other powers provided for in this part, and may set up and use on such premises any apparatus and appliances necessary therefor. The agents and employees of the public utility may be present at the making of such examinations and tests. (Enacted by Stats. 1951, Ch. 764.)
  174. 7710.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    This section defines key terms used in the article.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7710. For purposes of this article, the following definitions shall apply: (a) “Commission” shall mean the Public Utilities Commission. (b) “Fund” means the Rail Accident Prevention and Response Fund created pursuant to Section 7713. (c) “Prevention account” means the Hazardous Spill Prevention Account created, pursuant to Section 7714, in the Railroad Accident Prevention and Response Fund. (d) “Secretary” means the Secretary of the California Environmental Protection Agency. (Amended by Stats. 2010, Ch. 618, Sec. 288. (AB 2791) Effective January 1, 2011.)
  175. 7711.1.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    The commission must collect and analyze near-miss data from incidents at railroad crossings and along the rail right-of-way.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7711.1. The commission shall collect and analyze near-miss data generated from incidents occurring at railroad crossings and along the rail right-of-way. For purposes of this section, “near-miss” includes a runaway train or any other uncontrolled train movement that threatens public health and safety reported to the commission pursuant to Section 7661. (Added by Stats. 2006, Ch. 885, Sec. 6. Effective September 30, 2006.)
  176. 7712.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    The commission must adopt railroad safety regulations by January 1, 1993, and may later amend or revise them.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7712. On or before January 1, 1993, the commission shall adopt regulations, based on its findings and not inconsistent with federal law. The commission may amend or revise the regulations as necessary thereafter, to reduce the potential railroad hazards identified in Section 916.2. In adopting the regulations, the commission shall consider at least all of the following: (a) Establishing special railroad equipment standards for trains operated on railroad sites identified as posing a local safety hazard pursuant to subdivision (b) of Section 916.2. These standards may include, but need not be limited to, standards for all of the following: (1) Sizes, numbers, and configurations of locomotives. (2) Brakes. (b) Establishing special train operating standards for trains operated over railroad sites identified as posing a local safety hazard pursuant to subdivision (b) of Section 916.2. These standards may include, but need not be limited to, standards for all of the following: (1) Length, weight, and weight distribution of trains. (2) Speeds and accelerations of trains. (3) Hours of allowable travel. (c) Establishing special training, personnel, and performance standards for operators of trains that travel on railroad sites identified as posing a local safety hazard pursuant to subdivision (b) of Section 916.2. (d) Establishing special inspection and reporting standards for trains operated on railroad sites identified as posing a local safety hazard pursuant to subdivision (b) of Section 916.2. (Amended by Stats. 2015, Ch. 612, Sec. 68. (SB 697) Effective January 1, 2016.)
  177. 7713.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    The secretary must administer the fund and adopt needed regulations, and the State Board of Equalization must collect the fee under Section 7714.5 under those regulations.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7713. (a) The Rail Accident Prevention and Response Fund is hereby created in the State Treasury, and the money in the fund is available for appropriation by the Legislature. The secretary shall administer the fund and the prevention account in accordance with this article, and shall develop and adopt regulations and guidelines necessary to carry out and enforce this article. (b) The State Board of Equalization shall implement the collection of the fee imposed pursuant to Section 7714.5 in accordance with regulations adopted pursuant to Section 7713. (c) The adoption of regulations pursuant to this section shall be considered by the Office of Administrative Law as an emergency necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the secretary and the State Board of Equalization pursuant to this section shall be filed with, but not repealed by, the Office of Administrative Law, and shall remain in effect until revised or repealed by the secretary. (Added by Stats. 1991, Ch. 766, Sec. 7.)
  178. 7714.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    This section creates the Hazardous Spill Prevention Account, lets the secretary spend its money for listed railroad accident prevention and response purposes, and caps annual deposits available for appropriation at $3,000,000.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7714. (a) The Hazardous Spill Prevention Account in the Railroad Accident Prevention and Response Fund is hereby created. The moneys deposited in the prevention account shall be subject to annual appropriation in the Budget Act or other appropriation by the Legislature. The amount deposited in the prevention account and available for appropriation shall not exceed three million dollars ($3,000,000) in any calendar year. (b) The moneys in the prevention account may be expended by the secretary for any of the following purposes: (1) Creation, support, and maintenance of the Railroad Accident Prevention and Immediate Deployment Force created by subdivision (a) of Section 7718. (2) Creation, support, maintenance, and implementation of the state railroad accident prevention and immediate deployment plan developed pursuant to subdivision (b) of Section 7718. (3) Creation, support, and maintenance of programs, data registries, equipment, and facilities to respond to, and contain, toxic releases resulting from surface transportation accidents. Expenditures pursuant to this paragraph may be for the purpose of any of the following: (A) Acquisition and maintenance of specialized equipment and supplies. (B) Support of specialized facilities. (C) Creation and support of a state-level and local toxic emergency response teams to provide immediate onsite response capability in the event of large scale releases of toxic substances resulting from surface transportation accidents. (4) Support for specialized training for state and local emergency response officials in techniques for prevention of, and response to, toxic releases resulting from surface transportation accidents. (5) Support for research, data collection, and studies into technologies and techniques for prevention of, response to, and mitigation of, toxic releases resulting from surface transportation accidents. (6) To provide economic assistance to persons, entities, and communities that suffer direct or indirect economic damages from a surface transportation accident. (Added by Stats. 1991, Ch. 766, Sec. 7.)
  179. 7714.5.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    The secretary must set and administer a fee schedule for surface transporters of hazardous materials in California, with fees sized to fund the prevention account and reserve costs. The secretary may also allow in-kind payment, and the section excludes certain pipelines from the “surface transportation mode” definition.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7714.5. (a) In accordance with regulations adopted pursuant to Section 7713, the secretary shall establish a fee schedule, which shall be paid by each surface transporter of hazardous materials in California in an amount sufficient to fund the appropriation from the prevention account and to maintain a prudent reserve of two months’ operating costs, less amounts transferred from the response account pursuant to subdivision (d). (b) The secretary shall, to the extent practicable, identify programs, equipment, and facilities applicable to specific surface transportation modes, and shall establish fees for each surface transportation mode to cover the costs of the programs, equipment, and facilities applicable to that specific surface transportation mode. Fees to cover the costs of programs, equipment, and facilities applicable to all or several surface transportation modes shall be paid in equal shares by surface transportation modes. (c) The secretary may authorize payment of fees through contributions in kind of equipment, materials, or services. (d) For the purposes of the fees authorized by this section, “surface transportation mode” shall not include pipelines subject to the fee assessed pursuant to Section 51019 of the Government Code or any natural gas pipeline. (e) This section shall become inoperative on December 31, 1995. (Added by Stats. 1991, Ch. 766, Sec. 7. Inoperative December 31, 1995, by its own provisions.)
  180. 7718.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    This section creates a railroad accident response force, requires it to provide immediate onsite response and coordinate with local emergency units, and requires the California Environmental Protection Agency to develop a railroad accident prevention and deployment plan.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7718. (a) The Railroad Accident Prevention and Immediate Deployment Force is hereby created in the California Environmental Protection Agency. The force shall be responsible for providing immediate onsite response capability in the event of large-scale releases of toxic materials resulting from surface transportation accidents and for implementing the state hazardous materials incident prevention and immediate deployment plan. This force shall act cooperatively and in concert with existing local emergency response units. The force shall consist of representatives of all of the following: (1) Department of Fish and Game. (2) California Environmental Protection Agency. (3) State Air Resources Board. (4) California Integrated Waste Management Board. (5) California regional water quality control boards. (6) Department of Toxic Substances Control. (7) Department of Pesticide Regulation. (8) Office of Environmental Health Hazard Assessment. (9) State Department of Public Health. (10) Department of the California Highway Patrol. (11) Department of Food and Agriculture. (12) Department of Forestry and Fire Protection. (13) Department of Parks and Recreation. (14) Public Utilities Commission. (15) Any other potentially affected state, local, or federal agency. (16) Office of Emergency Services. (b) The California Environmental Protection Agency shall develop a state railroad accident prevention and immediate deployment plan in cooperation with the State Fire Marshal, affected businesses, and all of the entities listed in paragraphs (1) to (17), inclusive, of subdivision (a). (c) The plan specified in subdivision (b) shall be a comprehensive set of policies and directions that every potentially affected state agency and business shall follow if there is a railroad accident to minimize the potential damage to the public health and safety, property, and the environment that might result from accidents involving railroad activities in the state. (Amended by Stats. 2013, Ch. 352, Sec. 506. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  181. 772.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    A consumer or user may request testing of a measurement appliance if they pay the fee fixed by the commission.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 772. Any consumer or user of any product, commodity, or service of a public utility may have any appliance used in the measurement thereof tested upon paying the fees fixed by the commission. The commission shall establish and fix reasonable fees to be paid for testing such appliances on the request of the consumer or user. The fee shall be paid by the consumer or user at the time of his request, but if the appliance is found defective or incorrect to the disadvantage of the consumer or user, the fee shall be paid by the public utility and repaid to the consumer or user under such rules as the commission prescribes. (Enacted by Stats. 1951, Ch. 764.)
  182. 7720.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    Certain prosecutors may seek court or commission orders to stop or compel compliance with railroad safety violations, and the court or commission may issue injunctive relief on the required showing.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7720. (a) (1) When an appropriate prosecuting agency determines that any person has engaged in, is engaging in, or is about to engage in, any acts or practices which constitute, or which shall constitute, a violation of any provision of this chapter or of any rule, regulation, permit, covenant, standard, requirement, or order issued, promulgated, or executed pursuant to this chapter, the city attorney or district attorney of the jurisdiction in which these acts or practices have occurred, are occurring, or shall occur, or the Attorney General, may make application to the superior court or to the commission for an order enjoining these acts or practices or an order directing compliance with this chapter. (2) A temporary restraining order, preliminary or permanent injunction, or other order may be issued under this subdivision upon a showing that any person has engaged in, is engaging in, or is about to engage in, the acts or practices set forth in paragraph (1). (b) Notwithstanding any other provision of law, in any civil action brought pursuant to this chapter in which a temporary restraining order, or preliminary or permanent injunction is sought, it shall not be necessary for the moving party to allege or prove either of the factors set forth in paragraphs (1) and (2) at any stage of the proceeding. The temporary restraining order or preliminary or permanent injunction may issue without allegations or proof of either of the following factors: (1) That irreparable damage shall occur should the relief sought not be granted. (2) That the remedy at law is inadequate. (Added by Stats. 1991, Ch. 766, Sec. 7.)
  183. 7721.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    Civil or criminal penalty actions under this article must be brought by the city attorney, district attorney, or Attorney General.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7721. Every civil action commenced pursuant to this article for civil or criminal penalties authorized by this article shall be brought by the city attorney, the district attorney, or the Attorney General in the name of the people of the State of California, and any actions relating to the same event, transaction, or occurrence may be joined or consolidated, or may be coordinated pursuant to Section 404 of the Code of Civil Procedure or Division II (commencing with Rule 1501) of Title Four of the California Rules of Court. (Added by Stats. 1991, Ch. 766, Sec. 7.)
  184. 7722.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    Civil actions under this article must be filed in one of the counties named in the section.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7722. Any civil action brought in the superior court pursuant to this article shall be brought in the county in which the spill, discharge, or violation occurred, the county in which the principal place of business of the defendant is located, or the county in which the defendant is doing business in this state. (Added by Stats. 1991, Ch. 766, Sec. 7.)
  185. 7723.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    Penalties under this article are separate from and added to any other civil or criminal remedies.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7723. The civil and criminal penalties provided in this article are separate and in addition to, and do not supersede or limit, any other civil or criminal remedy. (Added by Stats. 1991, Ch. 766, Sec. 7.)
  186. 7724.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    A person who ignores certain rail-safety orders, causes or assists an unauthorized spill from a railcar, or knowingly violates Section 7712 regulations in a way that leads to or risks a hazardous-material rail incident can be punished with jail and fines.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7724. (a) Any person who commits any of the following acts, shall, upon conviction, be punished by imprisonment in the county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 24, or 36 months: (1) Except as provided by Section 7724.1, knowingly fails to follow the direction or order of the secretary or the commission arising from a rail accident or release of a hazardous or potentially hazardous commodity from a railcar. (2) Knowingly causes, or aids or abets in, the discharge or spill of, a hazardous or potentially hazardous commodity from a railcar, unless the discharge is authorized by the United States, the state, or another agency with appropriate jurisdiction. (3) Knowingly fails to comply with the regulations adopted pursuant to Section 7712, and that failure results in a rail accident or release of hazardous material or creates a significant risk of accident or release of hazardous material. (b) The court shall also impose upon a person convicted of violating subdivision (a), a fine not to exceed five hundred thousand dollars ($500,000) for each violation. For purposes of this subdivision, each day or partial day that a violation occurs is a separate violation. (c) The court shall also impose upon a person convicted of violating paragraph (1) of subdivision (a), a fine equal to twice the cost of abating, repairing, and responding to the cost associated with the illegal discharge of a hazardous or potentially hazardous commodity from a railcar as a result of a rail accident. (Amended by Stats. 2011, Ch. 15, Sec. 562. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  187. 7724.1.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    A person may refuse an order or direction from the secretary or commission if they reasonably and in good faith believe compliance would seriously endanger public safety or the environment.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7724.1. (a) If a person reasonably, and in good faith, believes that the directions or orders given by the secretary or the commission would substantially endanger the public safety or the environment, the person may refuse to act in compliance with the orders or directions of the secretary or the commission. The person shall state, at the time of the refusal, the reasons why the person refuses to follow the orders or directions of the secretary or the commission. The person shall give the secretary or the commission written notice of the reasons for the refusal within 48 hours of refusing to follow the orders or directions of the secretary or the commission. (b) In any civil or criminal proceeding commenced pursuant to Section 7724, the burden of proof shall be on the responsible party or potentially responsible party to demonstrate, by clear and convincing evidence, why the refusal to follow the orders or directions of the secretary or the commission was justified under the circumstances. (Added by Stats. 1991, Ch. 766, Sec. 7.)
  188. 7724.5.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    A person who commits certain rail-safety violations can be liable for a civil penalty, with higher and lower maximum amounts depending on the subdivision.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7724.5. (a) Any person who commits any of the acts set forth in paragraphs (1) to (3), inclusive, shall be liable for a civil penalty not to exceed one hundred thousand dollars ($100,000) for each violation of a separate provision or, for a continuing violation, for each day that violation occurs: (1) Negligent failure to follow the direction or order of the secretary in connection with a rail accident or the release of a hazardous commodity from a railcar. (2) Knowingly engaging in, or causing the discharge or spill of a hazardous commodity from a railcar or highway carrier, unless that discharge is authorized by the United States, by the state, or by another governmental agency with appropriate jurisdiction. (3) Negligent failure to comply with any regulation adopted pursuant to Section 7712. (b) Any person who commits any of the acts set forth in paragraphs (1) to (3), inclusive, shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation of a separate provision or, for a continuing violation, for each day that violation occurs: (1) Failure to follow the direction or order of the secretary in connection with a rail accident or the release of a hazardous commodity from a railcar. (2) Engaging in, or causing the discharge or spill of a hazardous commodity from a railcar or highway carrier, unless that discharge is authorized by the United States, by the state, or by another governmental agency with appropriate jurisdiction. (3) Failure to comply with any regulation adopted pursuant to Section 7712. (Added by Stats. 1991, Ch. 766, Sec. 7.)
  189. 7725.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    A quarter of penalties and fines from actions under Sections 7724 and 7724.5 must be paid to the prosecuting agency or office, and the rest must be deposited into the fund.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7725. Twenty-five percent of penalties and fines collected pursuant to any action brought under Sections 7724 and 7724.5 shall be paid to the governmental agency or office which prosecutes the action. The remainder of the penalties and fines collected pursuant to this article shall be deposited into the fund. (Added by Stats. 1991, Ch. 766, Sec. 7.)
  190. 7726.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    The secretary or commission may order a person to stop violating this article, and those orders can be made effective immediately and expire after 90 days.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7726. (a) When the secretary or the commission determines that any person has engaged in, is engaged in, or threatens to engage in, any practice or act which constitutes a violation of this article, or any regulation or order issued, adopted, or executed pursuant to this article, the secretary or commission may issue an order requiring that person to cease and desist. (b) Any cease and desist order issued by the secretary or commission may be subject to such terms and conditions as the secretary or commission may determine are necessary to ensure compliance with this article. (c) Any cease and desist order issued by the secretary or commission shall become null and void 90 days after issuance. (d) A cease and desist order issued by the secretary or commission shall be effective upon the issuance thereof, and copies shall be served immediately by certified mail upon the person or governmental agency being charged with the actual or threatened violation. (e) The commission may authorize its executive director to exercise the commission’s authority to issue cease and desist orders pursuant to this section. (Added by Stats. 1991, Ch. 766, Sec. 7.)
  191. 7727.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. )

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    This section says the chapter must not be read as making a reference to the California Environmental Protection Agency for compliance with a specified Budget Act provision.

    ## Public Utilities Code - PUC ## DIVISION 4. LAWS RELATING TO UTILITY CORPORATIONS AND THEIR EMPLOYEES [7503 - 8290.2] ( Division 4 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 1. Railroad Corporations [7503 - 7727] ( Chapter 1 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 10. Railroad Safety and Emergency Planning and Response [7710 - 7727] ( Article 10 added by Stats. 1991, Ch. 766, Sec. 7. ) ## 7727. Notwithstanding any other provision of law, this chapter shall not be construed to make a reference to the California Environmental Protection Agency for the purposes of compliance with Provision 2 of Item 3400-002-044 of Section 2. 00 of the Budget Act of 1991. (Added by Stats. 1991, Ch. 766, Sec. 7.)
  192. 773.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    Section 4200 of the Government Code does not apply to a public utility under the jurisdiction of the Public Utilities Commission of the State of California.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 773. Section 4200 of the Government Code shall not apply to a public utility under the jurisdiction of the Public Utilities Commission of the State of California. (Added by Stats. 1961, Ch. 2128.)
  193. 774.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    A water corporation providing fire protection service, and its employees acting within the scope of employment, are shielded from liability for certain deaths, injuries, or property damage caused by inadequate water supply, pressure, or fire-protection equipment or service.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 774. No water corporation which has undertaken to provide fire protection service, nor any employee of such corporation acting in the course and scope of his employment, shall be liable for any death or injury to a person or damage to or loss of property resulting from a failure to provide or maintain an adequate water supply or pressure, or any equipment or other fire protection facility or service; provided, that such immunity from liability shall not exceed that of a public agency or any of its employees, as the case may be, under similar circumstances. Nothing in this section shall preclude the enforcement of any rule, regulation, or order of the commission. (Added by Stats. 1972, Ch. 663.)
  194. 775.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    When an electric or gas corporation sells qualifying fuel oil above its purchase cost, the commission must require the extra amount to be credited with interest against the utility’s claimed expense.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 775. Whenever an electric or gas corporation sells fuel oil which is, or is reasonably expected to be, useful in the performance of its public utility function, at a price higher than the electric or gas corporation’s purchase cost, the commission shall, in any rate proceeding, require that the amount higher than the purchase cost be credited with interest against the expense claimed by the electric or gas corporation. (Added by Stats. 1976, Ch. 1360.)
  195. 776.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission must develop and implement performance reliability standards for certain backup power systems, and it may not do so unless the benefits exceed the costs.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 776. (a) The commission shall, upon making the determination pursuant to subdivision (c), develop and implement performance reliability standards for all backup power systems installed on the property of residential and small commercial customers by a facilities-based provider of telephony services. Those standards shall do all the following: (1) Establish minimum operating life. (2) Establish minimum periods of time during which a telephone system with a charged backup power system will provide the customer with sufficient electricity for emergency usage. (3) Establish means to warn a customer when the backup power system’s charge is low or when the system can no longer hold a charge. (b) The commission, in developing and implementing any standards in accordance with subdivision (a), shall consider current best practices and technical feasibility for establishing battery backup requirements. (c) The commission shall not implement standards in accordance with this section unless it determines that the benefits of the standards exceed the costs. (Amended by Stats. 2017, Ch. 425, Sec. 4. (SB 385) Effective January 1, 2018.)
  196. 776.2.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission must develop backup electricity rules, and those rules must require telecommunications service providers to file resiliency plans to keep backup electricity for at least 72 hours, unless a subdivision (c) exception applies.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 776.2. (a) For purposes of this section, “telecommunications service” has the same meaning as defined in Section 2892.1, but does not include voice communication provided by a provider of satellite telephone service. (b) As part of a new or existing proceeding, the commission, in consultation with the Office of Emergency Services, shall develop and implement backup electricity rules to require providers of telecommunications service to submit resiliency plans to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for at least 72 hours, except as provided in subdivision (c). (c) In developing and implementing backup electricity rules pursuant to subdivision (b), the commission shall consider best practices, the feasibility of the rules, and stakeholder input. In considering best practices and feasibility, the commission may authorize, in appropriate circumstances, providers of telecommunications service to maintain backup electricity for their telecommunications infrastructure sufficient to maintain telecommunications service for less than 72 hours. (d) This section does not require the commission to modify the communications resiliency requirements adopted in commission Decision 20-07-011 (July 16, 2020), Decision Adopting Wireless Provider Resiliency Strategies, or Decision 21-02-029 (February 11, 2021), Decision Adopting Wireline Provider Resiliency Strategies. (Added by Stats. 2021, Ch. 425, Sec. 2. (SB 341) Effective January 1, 2022.)
  197. 776.5.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    A facilities-based mobile telephony services provider must prepare for deenergization notices by setting up internal contact points and response protocols, and must share outage-related communications capability information after receiving a deenergization notice.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 776.5. (a) In preparation for receiving notifications regarding the deenergization of electrical lines pursuant to Section 8386 or 8387, a facilities-based mobile telephony services provider shall do all of the following: (1) Designate contact points or persons within the company to receive notifications from an electrical corporation, local publicly owned electric utility, or electrical cooperative, as defined in Section 2776, for expected deenergization events and outages. (2) Develop uniform protocols prior to a deenergization event to respond appropriately to an outage. (b) Upon receipt of a notification regarding the deenergization of electrical lines pursuant to Section 8386 or 8387, a facilities-based mobile telephony services provider shall communicate relevant situational information relative to communications capabilities during the projected outage to electrical corporations, local publicly owned electric utilities, electrical cooperatives, and appropriate public safety stakeholders, including, but not limited to, public safety offices and emergency response offices, for the affected area. (Added by Stats. 2019, Ch. 410, Sec. 1. (SB 560) Effective January 1, 2020.)
  198. 777.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    Utility companies must give tenants notice before shutting off service in some rental situations, and certain occupants may later deduct eligible service charges.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 777. (a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling. (b) If an electrical, gas, heat, or water corporation furnishes individually metered residential service to residential occupants of a detached single-family dwelling, a multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp, as defined in Section 17008 of the Health and Safety Code, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the corporation shall make every good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears, that service will be terminated at least 10 days prior to termination. The written notice shall further inform the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to pay any amount which may be due on the delinquent account. The notice shall be in English and in the languages listed in Section 1632 of the Civil Code. (c) The corporation is not required to make service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service and meets the requirements of law and the corporation’s rules and tariffs. However, if one or more of the residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the corporation, or if there is a physical means, legally available to the corporation, of selectively terminating service to those residential occupants who have not met the requirements of the corporation’s rules and tariffs, the corporation shall make service available to those residential occupants who have met those requirements. (d) If prior service for a period of time is a condition for establishing credit with the corporation, residence and proof of prompt payment of rent or other credit obligation acceptable to the corporation for that period of time is a satisfactory equivalent. (e) Any residential occupant who becomes a customer of the corporation pursuant to this section whose periodic payments, such as rental payments, include charges for residential electrical, gas, heat, or water service, where those charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the corporation for those services during the preceding payment period. (f) In the case of a detached single-family dwelling, the corporation may do any of the following: (1) Give notice of termination at least seven days prior to the proposed termination. (2) In order for the amount due on the delinquent account to be waived, require an occupant who becomes a customer to verify that the delinquent account customer of record is or was the landlord, manager, or agent of the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code. (g) This section shall become operative on July 1, 2010. (Amended by Stats. 2019, Ch. 497, Sec. 242. (AB 991) Effective January 1, 2020.)
  199. 777.1.

    ## 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 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    For certain master-meter residential utility services, the utility must give advance written notice before termination, inform occupants of their rights, and avoid terminating service in specified situations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 777.1. (a) If an electrical, gas, heat, or water corporation furnishes residential service to residential occupants through a master meter in a multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp, as defined in Section 17008 of the Health and Safety Code, and the owner, manager, or operator of the structure or park is listed by the corporation as the customer of record, the corporation shall make every good faith effort to inform the residential occupants, by means of a written notice posted on the door of each residential unit at least 15 days prior to termination, when the account is in arrears, that service will be terminated on a date specified in the notice. If it is not reasonable or practicable to post the notice on the door of each residential unit, the corporation shall post two copies of the notice in each accessible common area and at each point of access to the structure or structures. The notice shall further inform the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to pay any amount which may be due on the delinquent account. The notice also shall specify, in plain language, what the residential occupants are required to do in order to prevent the termination of, or to reestablish service; the estimated monthly cost of service; the title, address, and telephone number of a representative of the corporation who can assist the residential occupants in continuing service; and the address and telephone number of a qualified legal services project, as defined in Section 6213 of the Business and Professions Code, which has been recommended by the local county bar association. The notice shall be in English and the languages listed in Section 1632 of the Civil Code. (b) The corporation is not required to make service available to the residential occupants unless each residential occupant or a representative of the residential occupants agrees to the terms and conditions of service and meets the requirements of law and the corporation’s rules and tariffs. However, if one or more of the residential occupants or the representative of the residential occupants are willing and able to assume responsibility for subsequent charges to the account to the satisfaction of the corporation, or if there is a physical means, legally available to the corporation, of selectively terminating service to those residential occupants who have not met the requirements of the corporation’s rules and tariffs or for whom the representative of the residential occupants is not responsible, the corporation shall make service available to those residential occupants who have met those requirements or on whose behalf those requirements have been met. (c) If prior service for a period of time or other demonstration of credit worthiness is a condition for establishing credit with the corporation, residence and proof of prompt payment of rent or other credit obligation during that period of time acceptable to the corporation is a satisfactory equivalent. (d) Any residential occupant who becomes a customer of the corporation pursuant to this section whose periodic payments, such as rental payments, include charges for residential electrical, gas, heat, or water service, where those charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the corporation for those services during the preceding payment period. (e) If a corporation furnishes residential service subject to subdivision (a), the corporation shall not terminate that service in any of the following situations: (1) During the pendency of an investigation by the corporation of a customer dispute or complaint. (2) If the customer has been granted an extension of the period for payment of a bill. (3) For an indebtedness owed by the customer to any other person or corporation or if the obligation represented by the delinquent account or other indebtedness was incurred with a person or corporation other than the electrical, gas, heat, or water corporation demanding payment therefor. (4) If a delinquent account relates to another property owned, managed, or operated by the customer. (5) If a public health or building officer certifies that termination would result in a significant threat to the health or safety of the residential occupants or the public. (f) Notwithstanding any other provision of law, and in addition to any other remedy provided by law, if the owner, manager, or operator, by any act or omission, directs, permits, or fails to prevent a termination of service while any residential unit receiving that service is occupied, the residential occupant or the representative of the residential occupants may commence an action for the recovery of all of the following: (1) Reasonable costs and expenses incurred by the residential occupant or the representative of the residential occupants related to restoration of service. (2) Actual damages related to the termination of service. (3) Reasonable attorney’s fees of the residential occupants, the representative of the residential occupants, or each of them, incurred in the enforcement of this section, including, but not limited to, enforcement of a lien. (g) Notwithstanding any other provision of law, and in addition to any other remedy provided by law, if the owner, manager, or operator, by any act or omission, directs, permits, or fails to prevent a termination of service while any residential unit receiving that service is occupied, the corporation may commence an action for the recovery of all of the following: (1) Delinquent charges accruing prior to the expiration of the notice prescribed by subdivision (a). (2) Reasonable costs incurred by the corporation related to the restoration of service. (3) Reasonable attorney’s fees of the corporation incurred in the enforcement of this section or in the collection of delinquent charges, including, but not limited to, enforcement of a lien. If the court finds that the owner, manager, or operator has paid the amount in arrears prior to termination, the court shall allow no recovery of any charges, costs, damages, expenses, or fees under this subdivision from the owner, manager, or operator. An abstract of any money judgment entered pursuant to subdivision (f) or (g) of this section shall be recorded pursuant to Section 697.310 of the Code of Civil Procedure. (h) No termination of service subject to this section may be effected without compliance with this section, and any service wrongfully terminated shall be restored without charge to the residential occupants or customer for the restoration of the service. In the event of a wrongful termination by the corporation, the corporation shall, in addition, be liable to the residential occupants or customer for actual damages resulting from the termination and for the costs of enforcement of this section, including, but not limited to, reasonable attorney’s fees, if the residential occupants or the representative of the residential occupants made a good faith effort to have the service continued without interruption. (i) The commission shall adopt rules and orders necessary to implement this section and shall liberally construe this section to accomplish its purpose of ensuring that service to residential occupants is not terminated due to nonpayment by the customer unless the corporation has made every reasonable effort to continue service to the residential occupants. The rules and orders shall include, but are not limited to, reasonable penalties for a violation of this section, guidelines for assistance to residents in the enforcement of this section, and requirements for the notice prescribed by subdivision (a), including, but not limited to, clear wording, large and boldface type, and comprehensive instructions to ensure full notice to the resident. (j) Nothing in this section broadens or restricts any authority of a local agency that existed prior to January 1, 1989, to adopt an ordinance protecting a residential occupant from the involuntary termination of residential public utility service. (k) This section preempts any statute or ordinance permitting punitive damages against any owner, manager, or operator on account of an involuntary termination of residential public utility service or permitting the recovery of costs associated with the formation, maintenance, and termination of a tenants’ association. (l) For purposes of this section, “representative of the residential occupants” does not include a tenants’ association. (Amended by Stats. 2010, Ch. 328, Sec. 201. (SB 1330) Effective January 1, 2011.)
  200. 778.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The commission must adopt rail transit safety rules and regulations and submit the proposed rules to the Legislature by April 1, 1977.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Regulation of Public Utilities [701 - 940] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Equipment, Practices, and Facilities [761 - 788] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 778. The commission shall adopt rules and regulations, which shall become effective on July 1, 1977, relating to safety appliances and procedures for rail transit services operated at grade and in vehicular traffic. The rules and regulations shall include, but not be limited to, provisions on grade crossing protection devices, headways, and maximum operating speeds with respect to the speed and volume of vehicular traffic within which the transit service is operated. The commission shall submit the proposed rules and regulations to the Legislature not later than April 1, 1977. (Added by Stats. 1976, Ch. 924.)

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